The team at Mann Wyatt Tanksley Injury Attorneys can’t change the fact that innocent people become victims due to various distractions. But we will help you recover what you’re owed by law. We’re dedicated to standing up for the rights of distracted driving accident victims in Wichita and throughout the state of Kansas.

Common Causes of Distracted Driving Accidents

Immediately following the accident, look to take action! Proving what form of distraction took place during the accident could drastically increase the value of your case.

For example, if the at-fault party admits to you they were on their phone, you need to go tell the responding officer immediately! Getting that information in the police report can turn a limited-value case into a much higher-value case.

Here are some of the most common distracted driving behaviors and activities that contribute to accidents in Wichita, KS:

  • Looking at text messages, emails, videos, or other online content
  • Scrolling through or writing text messages
  • Searching for items that dropped onto the floor of the vehicle
  • Adjusting music volume, heating and air conditioning, or other dashboard controls
  • Rubbernecking at billboards, crashes, or other items of interest on the side of the road
  • Combing hair, applying makeup, shaving, or changing clothes
  • Eating food, drinking beverages, opening packages, or smoking
  • Rummaging in purses, wallets, or bags to find items
  • Turning around to interact with children, pets, or other passengers
  • Becoming absorbed in conversations, media, or daydreams

Distracted Driving Laws in Wichita, Kansas

Distracted driving is undoubtedly a problem in both Wichita and throughout Kansas. In a single recent year, driver inattention, mobile phone use, and various other distractions were reported as contributing factors in nearly 14,000 Kansas car accidents.

Although driver distraction takes many forms, one of the most prevalent and dangerous types of distraction comes from handheld cell phones and electronic devices. Kansas’ cell phone laws discourage distracted driving behaviors and reduce the rate of distraction-related car accidents. They include the following:

  • All drivers are prohibited from texting on handheld cell phones or manually entering text on any handheld communication device while driving.
  • Drivers between the ages of 14 and 17 who are driving with learner’s permits cannot use cell phones or other wireless communication devices for any purpose while driving, even if they are hands-free.

Several important exceptions apply to the statewide ban on texting while driving, including the following:

  • Dialing a number to make otherwise hands-free phone calls
  • Voice-operated technology that doesn’t require the manual manipulation of a device
  • Receiving or reporting information about emergencies, traffic alerts, or hazardous weather alerts
  • Receiving navigation- or vehicle-related messages on phones
  • Using a device to prevent property damage or injury to another person
  • Law enforcement officers and emergency service workers acting within the scope of their official duties

 

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What if the Other Driver Won’t Admit They Were on Their Phone?

Let’s say that the person who caused the accident was using their phone but they don’t admit it. We could ultimately find that out by subpoenaing cell phone records and trying to specifically pinpoint phone usage. But this usually doesn’t happen until months after the accident, because we would eventually have to file suit to get into the discovery phase of a lawsuit where we could get that information. That means it can make the process last longer to confirm cell phone usage.

The NHTSA refers to texting as “the most alarming distraction” because it combines manual, visual, and cognitive distractions into a single activity. Research suggests it takes about five seconds to send or read the average text message. That time is long enough to cover the length of a football field while traveling at just 55 miles per hour.

Who Is Liable for a Distracted Driving Crash in Wichita, Kansas?

Suppose you were involved in a Wichita car accident with a distracted driver. In that case, you might assume that the other driver is automatically liable for any injuries or property damage you suffered. However, it isn’t always that simple — even if the other driver was ticketed for distracted driving.

To recover compensation from the other driver, you must show they behaved negligently, their negligent behavior caused the accident, and they are legally liable for your injuries. This requires compelling evidence, such as the following:

  • The police crash report– These official reports contain valuable information, such as whether any tickets were issued for distracted driving violations.
  • Photos of the accident scene– A picture could show no skid marks on the road, indicating the driver was not paying attention and never applied the brakes.
  • Video footage of the crash– Footage from traffic cameras or dashcams can show what happened in the moments before, during, and after the crash.
  • Eyewitness statements– Statements from third-party witnesses can act as reliable, unbiased confirmations of the facts of the case.
  • Expert witness testimony– Experts such as accident reconstruction specialists can offer professional insights into the causes and effects of the wreck.

Get the Job Done Right With a Distracted Driving Lawyer in Wichita

Mann Wyatt Tanksley Injury Attorneys is the firm to get things done. Unlike our competitors, we take a team approach in negotiating with insurance companies, client communication, and obtaining maximum compensation. We run on a contingency fee basis. This means we only get paid if we win for you in the end. If you suffered injuries in a Wichita car accident caused by a distracted driver, contact our firm today for a free consultation.