When the accident is the fault of a drunk driver, the case has potential for greater value and juries tend to award higher damages if the other driver was drunk. Drunk drivers may have a history of drunk driving in driving past and drunk can make a claim for any punitive damages. These are damages in addition to actual damages intended to punish and deter drunk driving, drunk drivers and others, to act in such a heinous manner. Unfortunately, punitive damages are not normally covered by insurance.
Car wrecks usually involve three cases: properly damage your vehicle, Personal Injury Protection (PIP) benefits as part of Kansas No Fault law, and personal injury claims that allow you to get a solution to recover your medical bills, past and future lost wages, other economic losses, and non-economic losses including past and future pain and suffering, mental anguish, disability, disfigurement, inconvenience, loss of time, loss of enjoyment of the life, loss of consortium and loss of spousal services.
Kansas comparative fault in accordance with KSA 60-258una requires an analysis that he or she was guilty of the collision. Passengers usually have no fault; Drivers are required to follow rules of the road. Road rules are laws that have been in existence under common law, but there are also laws that are contained in the Statutes of Kansas. A violation of a statute is negligence per se. Laws impose many obligations to drivers including but not limited to the following:
- the duty to maintain a proper lookout
- the duty – driving at an appropriate speed
- the duty to maintain control of your car
- the duty to maintain a safe and adequate distance between your vehicle and the vehicle you are following
- the obligation to yield the right of way under certain circumstances
- the duty of reasonable care while driving
Obviously there are laws to prevent drunk drivers from driving while intoxicated and careless motorist’s laws against texting while driving. Sometimes these activities can be extremely dangerous in punitive damages in addition to actual damages. Distracted driving leads to collisions and are many reasons people get distracted: animals or children in vehicles, use of cell phones, eating / drinking / smoking while drive, even with equipment vehicle like the radio or GPS while driving.
Get help now, before a mistake was made. Insurance companies are able to contact you quickly to give them information about the wreck. The information obtained can and will be used against you in your case! The less contact you have with the insurance company, the less likely you jeopardize. We will handle the insurance company for you! Something as simple as a statement that “I was not paying attention to the other car” Or “I do not think I’m hurt too bad.” You can make a big difference in the value of your case later.