Wichita Car Accident Lawyer

We go about our day at work, school, and home, doing what we always do and driving the routes we always drive. We never expect to get into an accident out on the road, but unfortunately, vehicle collisions occur on our city’s streets every day.

According to the Kansas Department of Transportation (KSDOT), there were 48 fatal vehicle crashes in Wichita in 2021, resulting in 52 people losing their lives. That same report further shows that out of over 90,000 vehicles involved in traffic crashes across the entire state, 45,306 of those involved cars. At least 140 vehicle occupants were fatally injured in those same wrecks that same year.

Accidents happen all the time, especially on some of Kansas’s most dangerous roads, and they often have devastating consequences. If you or a loved one has been involved in an auto collision in Sedgwick County, a qualified Wichita car accident lawyer can help you build a case that holds those responsible for your suffering accountable.

Types of Motor Vehicle Collision Cases We Handle

In our experience at Prochaska, Howell & Prochaska LLC, some types of wrecks are more common than others in Kansas than others, including:

• Rear-end accidents
• Rollover crashes
• Hit-and-run accidents
• Highway crashes
• Intersection accidents
• Head-on collisions

No matter whether you’ve been involved in one of the collisions above or some other type, let’s talk. The type of crash is immaterial. Whether evidence points to another party’s negligence is what really matters.

Contributing Factors To Wichita Car Accidents

The leading causes of car crashes in Kansas include:

• Distracted Driving: This includes activities such as texting, talking on the phone, eating, or adjusting the radio while driving. As for distractions, National Highway Traffic Safety Administration (NHTSA) research suggests that a motorist traveling at 55 mph that takes their eyes off the road for five seconds (the average time to read a text) can travel a full length of a football field during that time.

• Speeding: Driving above the speed limit or too fast for road conditions is a significant factor in many Wichita car accidents.
• Drunk Driving:  Kansas DUI Laws outline how operating a vehicle under the influence of alcohol, which is a blood or breath alcohol concentration of .08 or above, or drugs are illegal. Unfortunately, impaired driving remains a leading cause of injury and fatal accidents in Sedgwick County despite awareness campaigns and stricter laws being in place.

The above factors contribute significantly to car accidents in Kansas, affecting both urban areas like Wichita and Kansas City, as well as rural highways across the state.

Because there are so many unique situations regarding wrecks, it can be difficult to ascertain who is responsible, what damages can be claimed, and so much more, which is why you may need support from a Wichita car accident lawyer to handle what may become a complex case.

Understanding Kansas No-Fault Insurance and Comparative Negligence Rules

Kansas is one of twelve states with “no-fault” insurance rules, meaning that all drivers are required to have a certain minimum level of vehicle coverage. All insurance policies must provide Personal Injury Protection (PIP) to pay for your medical bills and other losses if you’re injured in a car accident, regardless of who was responsible.

However, in some cases, you may be able to file a claim against the other driver if your case meets certain requirements set forth by the state.

For example, if you exceeded your PIP coverage for medical expenses (usually $2,000) and your injury qualifies as “serious,” such as any permanent injury, loss of a body function or disfigurement, or a fracture of any kind.

Alongside these insurance rules, Kansas also follows comparative negligence rules when it comes to car accidents. We are a modified comparative negligence state, meaning that if you are found to be 50% or more at fault for any accident, even one where you suffered severe injuries and damages, the law does not allow you to recover any compensation from the other driver.

So, while you can make an immediate claim with your own insurance for your injuries through your PIP coverage, you may also pursue an injury claim against the other driver. But if you are found partially at fault, it will affect whether you can pursue the other motorist for damages and how much compensation you may be eligible to receive.

A car accident attorney in Wichita can help you better understand what no-fault insurance and modified comparative negligence are and how they relate to your specific case.

What To Do After a Car Wreck in Sedgwick County

Immediately after a collision, you may be in shock, in pain, or confused. In the interest of your safety and that of those around you, you must remain calm and follow these steps to the best of your ability:

• Remain at the scene, but move your car out of the flow of traffic if it is safe to do so
• Call the police and emergency services
• Exchange contact and insurance information with all other involved drivers
• Gather witness statements
• Take pictures and video of the scene, vehicle damage, and injuries
• Contact a car accident lawyer in Wichita

Our office urges you never to admit fault and never give any kind of statement to anyone other than law enforcement.

If you do provide a statement to the police, explain only the details of what occurred from your perspective, and don’t infer anything other than the facts that you know to be true.

How Wichita Car Accident Lawyer Can Help You

While it’s not necessary to hire an attorney following a car wreck to represent you, it may be in your best interest to do so.

Our skilled attorneys have handled cases just like yours. We can assist with your case by gathering evidence, contacting the other driver’s insurance, and making sure your claim is filed within the two-year statute of limitations, per Kansas state law.

With our law office on your side, you can expect us to hold those responsible for your injuries accountable and to fight for the compensation you deserve. Compensation in a vehicle collision case generally covers some of the following economic and noneconomic losses:

• Medical bills
• Property damage
• Therapy or rehabilitation
• Loss of income
• Loss of quality of life
• Pain and suffering (in certain qualifying cases)

Even if your accident may have been small and you suffered only minor damages or injuries, we recommend still contacting an attorney. The aftermath of any collision can be a very stressful time, and we want you to know that we’re here to help.

At Prochaska, Howell & Prochaska LLC, we help car accident victims throughout Kansas. Reach out to our law office today for your free consultation. We’ll put you on the line with a Wichita car accident lawyer who can assess the merits of your case and help you recover maximum compensation if you’re entitled to file a claim or lawsuit.