Kansas City Car Accident Attorney
No one plans to be involved in a car accident, but unfortunately, they happen every day, thousands of car accidents and heavy truck crashes every day. If you’ve been injured in a car accident that wasn’t your fault, you may be wondering what your next steps are. The first step is to contact a Kansas City car accident attorney who can assess your case, help you get the compensation you deserve and guide you through the car accident claims process.
You want experienced trial lawyers, not lawyers “assigned” to you at a law firm that stockpiles casese like a cord of wood on a woodpile, where you will be nothing but a number. A statistic. A piece of firewood in the cord.
It is easy to file an insurance claim, but the real complication is getting the money you deserve. From gathering and calculating economic and non-economic damages to negotiating a fair settlement with an insurance adjuster, and going to trial when 100% justice cannot be obtained through settlement, your attorney will be able to handle each of these steps while you focus on your recovery and getting your life back on track after your accident.
Contact The McCallister Law Firm For a Free Consultation Today
The personal injury lawyers at The McCallister Law Firm are dedicated to helping Kansas City, MO car accident victims recover compensation for the many damages they may have suffered due to someone else’s dangerous or negligent driving.
Contact us today for a free consultation. We’re here to help you through this difficult time.
Common Causes of Kansas City Car Accidents
Car accidents are a leading cause of injury and death in the United States. In Kansas City, car accidents can happen for a variety of reasons. Recent car accident statistics provided by Missouri State Highway Patrol show that there were 914 fatal car crashes resulting in 987 fatalities, 4788 car crashes that caused serious injuries, and another 43,106 accidents that led to either evident or probable injuries. There were a total of 131,390 accidents reported in 2020 across the state.
Some of the most common causes of car accidents in Kansas City, MO include:
Driver Error or Negligence
The term “negligence” covers a wide range of behaviors, including drunk driving, speeding, failure to yield, road rage, distracted driving, texting while driving, attending to children or animals while driving, speeding, careless driving and much more. When a negligent driver fails to take the necessary precautions while behind the wheel, they put other drivers, passengers, and pedestrians at risk.
Drunk driving is one of the most dangerous things a person can do on the road. Not only does alcohol impair the drivers ability to drive, but it also significantly increases their chance of causing an accident. When a driver has exceeded the legal limit (.08 for adults, .04 for commercial drivers, and .02 for minors), they are driving under the influence and can be arrested. If a drunk driver has injured you, you may be able to file a personal injury lawsuit against them.
Speed limits are set for a reason – to keep drivers and others safe on the road. Speed killswhen drivers choose to ignore the posted speed limit, they put everyone around them in danger. High speeds result in longer braking time, and drivers must react faster to unforeseen obstacles or hazards. This type of reckless driving can lead to serious injuries and may even lead to wrongful death.
Failure to Yield
Drivers must yield the right-of-way to other drivers, pedestrians, and bicyclists in certain situations. When a driver fails to do so, they put themselves and others at risk of being involved in an accident. Driving defensively can help protect you and your passengers from accidents, but at the end of the day, you are at the mercy of those with whom you share the road. When you pass through an intersection, checking to ensure that approaching vehicles are slowing or fully stopped can help mitigate risk but will never guarantee that you won’t be in a crash.
The term “aggressive driving” encompasses a wide range of behaviors that can lead to automobile accidents, including speeding, tailgating, swerving in and out of lanes, passing on the inside, flashing high beams, and more. A motor vehicle accident lawyer will help you navigate your accident claim and seek the compensation you deserve.
Road rage is a serious problem on our roads today. When drivers allow their emotions to get the better of them, it can result in dangerous and even deadly consequences. Road rage is selfish, dangerous and deadly. If you are involved in an auto accident caused by road rage, call 911 immediately and remain in your vehicle until the police arrive to avoid a confrontation.
Distracted driving is one of the leading causes of car accidents in Kansas City. With the increase in the use of cell phones and other electronic devices, more and more distracted drivers are taking their eyes off the road, which can lead to disaster. However, using an electronic device is just one of the many ways a driver can become distracted: other distractions include talking to passengers, looking at something outside of the car, eating or drinking, adjusting the radio, and more.
Poor Road Conditions
Potholes, debris in the roadway, and inadequate lighting are just a few examples of poor road conditions that can lead to accidents. When roads are not maintained properly, it increases the chances of accidents occurring. Filing an injury claim against a local, state, or federal agency is complex and has unique rules you must follow to recover fair compensation.
If a car has a mechanical defect, it can increase the risk of an accident happening. Common mechanical defects that can lead to accidents include problems with the brakes, tires, or steering. To prove that a defect caused your accident, your attorney will need to review the situation and determine the most appropriate course of action, which may require the help of an expert witness.
Many mechanical defects stem from defective products or designs. Many product recalls are enacted after a number of injuries or incidents are reported about the same issue. Defects in automobiles are not common, but when an auto defect may be the causes of the accident, you need trial attorneys who know it when they see it, and can easily access experts to evaluate the automobile from bumper to bumper. This takes swift action. Do not let the insurance company take control of your car if you think a defect caused the crash or contributed to your injuries, like the failure of a seat back in a rear-end collision; failure of the airbag to deploy; fires after collisions; and more.
Inclement weather can make driving more difficult and increase the chances of an accident happening. Snow, ice, rain, and fog can make it more difficult to see and navigate the road, leading to accidents. Although you can’t file a claim against the weather, you may be able to file a claim against another driver who caused your accident due to inclement conditions.
There are countless other factors that can contribute to auto accidents in Kansas City. No matter how the accident happened, if you have been injured due to someone else’s behavior, it’s important to speak with our Kansas City car accident lawyers to discuss your case and determine if you are entitled to compensation.
Common Types of Car Accidents
There are many types of auto accidents, but some are more common than others. If you have been involved in any type of auto accident, whether or not it is listed below, you may be entitled to compensation.
Rear-end collisions are one of the most common types of car accidents. They often occur when one driver is following another too closely and doesn’t have time to stop when the lead driver brakes. Rear-end accidents can lead to serious injuries even at low speeds, and an experienced personal injury attorney can help you seek the compensation you rightfully deserve through the insurance claims process and through the courts.
Side-impact collisions, also known as T-bone accidents, can be very dangerous because they often directly impact the driver or passenger door. These types of accidents often occur at intersections when one driver runs a red light or stop sign and collides with the side of another vehicle. Modern safety technology such as side-impact airbags and impact-absorbing vehicle frames have reduced the severity of this type of auto accident, but there are still many risks associated with side-impact collisions that can lead to catastrophic injuries.
Head-on collisions are some of the most serious types of car accidents because they involve a direct impact to the front of one vehicle by another. These accidents can occur when one driver is distracted and drifts into oncoming traffic. Working with an experienced Kansas City car accident lawyer at a reputable personal injury law firm is one of the best ways to ensure that the details and evidence surrounding your case are included in your car accident claim.
Rollover accidents often occur when a driver loses control of their vehicle, causing it to roll over. The cause of the driver losing control can be because another driver pulls in front of the driver, causing that driveer to suddenly swerve to avoid collision. When this happens, the driver may overreact or overcorrect, causing her or her vehicle to “trip” and “flip,” then roll over.These types of accidents sometimes can be very dangerous because the vehicle’s roof can collapse, trapping or injuring the occupants. These are the most dangerous types of car crashes and are disproportionately fatal compared to other types.
Common Injuries From Car Accidents in Kansas City
Car accidents can result in a wide range of injuries, some of which may not be immediately apparent. It’s important to see a doctor as soon as possible after an accident to get a full evaluation and ensure that you are not suffering from any hidden injuries. Common injuries that can result from car accidents include:
Head injuries, including concussions and traumatic brain injuries, are some of the most common car accident injuries. Even a minor head injury can have serious long-term effects, so it’s important to seek medical attention immediately if you hit your head in an accident.
Neck and Back Injuries
Whiplash is a common neck injury that can occur in car accidents. Although it is usually not serious, it can still cause a great deal of pain and discomfort. Back injuries, including herniated discs, can also occur in car accidents and may require surgery to correct. Spinal cord injuries of any severity can lead to a life of medical treatment, drastic impacts to quality of life, and more.
Broken bones are another common injury that can occur in car accidents. The force of the impact can cause bones to break, which may require surgery and a lengthy recovery period. Injured victims who have broken bones in vehicle accidents will have a variety of medical expenses that they will be able to seek through the personal injury claims process.
Internal bleeding can occur when organs are damaged in an accident. This type of injury is serious and can be life-threatening if not treated immediately. Internal injuries can quickly turn into fatal injuries if left untreated, so if you are experiencing any discomfort at the accident scene, make sure to inform the EMTs at the scene so you can get the appropriate care.
Car accidents can also cause emotional distress, including anxiety, depression, and post-traumatic stress disorder. If you are suffering from emotional distress after an accident, it’s important to seek counseling or therapy to help you cope. Trying to work with an insurance company while dealing with serious emotional distress is taxing. That is why working with a Kansas City car accident lawyer is one of the best steps you can take after a crash so that you can remain focused on your recovery, instead of fighting with the insurance company.
Whether or not you see your injuries mentioned above, it’s important to seek medical attention after an accident. Even if you don’t think you are injured, it’s always better to be safe than sorry. A doctor can perform a full evaluation and order tests to ensure that you are not suffering from any hidden injuries. DO NOT DELAY getting medical help and attention.
Seeking Damages After a Kansas City Car Accident
If you have been injured in a car accident, you may be entitled to compensation for your losses, known as “damages.” The amount of compensation you are owed will depend on the extent of your damages, including the severity of your injuries, the cost of your medical bills, and any impacts to your earnings you have incurred as a result of the accident. In some cases, car accident victims may also be entitled to pain and suffering damages.
To seek damages, you will need to open an auto accident case or a car accident lawsuit against the at-fault driver. Your attorney will help you gather evidence to support your claim and negotiate with the insurance company to try to reach a settlement. If a settlement cannot be reached, your case may go to trial.
Damages are divided into two distinct categories — economic and non-economic damages.
Economic damages are those that can be quantified in terms of money. They include things like medical bills, lost wages, and the cost of repairing or replacing damaged property.
Economic damages are typically calculated by totaling up all the expenses associated with the injury. This includes medical bills, the cost of repairing or replacing property damage, and any lost wages. The total amount may then be reduced by any insurance payments that have been made. Totaling these expenses and bills is simple, but an experienced car accident attorney has the skills necessary to identify all of these damages.
Non-economic damages include things like pain and suffering, emotional distress, and loss of enjoyment of life. Because these types of damages cannot be quantified in terms of money, they are typically much higher than economic damages..
Trying to seek non-economic damages from an insurer on your own can feel nearly impossible because adjusters will take advantage of their abstract nature to diminish or outright reject your claim. Experienced personal injury attorneys will be familiar with the types of evidence that can be used to support a claim for non-economic damages that the car accident caused. The legal team at The McCallister Law Firm will fight to get you the full amount you deserve for your car accident case.
Frequently Asked Questions About Car Accident Injury Claims
These are just a few of the many questions that accident victims commonly ask during our free case evaluation. Keep in mind that no two motor vehicle accidents are alike. The answers provided below are only meant to give you a general sense of how the car accident lawyers at our law office work through each question as they handle car accident cases.
How do I know if I have a car accident case?
If you have been injured in a car accident that another driver caused, you may have a right to seek the maximum compensation for the damages you have suffered. To determine whether or not you have a claim, you should speak with an experienced car accident attorney.
Do I need an attorney to file an accident claim?
There is no law requiring you to work with a lawyer to file an insurance claim, but the reality is that you will be much better suited to fight for the compensation you deserve when you have a legal team fighting on your behalf. Personal injury law is highly complicated, and insurers take advantage of this fact to engage in intimidation tactics that can scare claimants into accepting settlements for far less than what they deserve. The compensation a lawyer might be able to get for you, even considering the lawyer’s fee, is most often substantially more than you can obtain without a lawyer.
What is the statute of limitations for filing a car accident injury claim in Kansas City, Missouri?
In Missouri, the statute of limitations for filing a personal injury claim is five years from the date of the accident. This means that you have five years from the accident date to file a claim for damages. This might seem like plenty of time to take action after a Kansas City auto accident, but your car accident lawyer will likely use this time to work towards a car accident settlement to avoid filing a costly and time-consuming lawsuit in the Missouri courts.
How much does it cost to hire a Kansas City car accident lawyer?
Our Kansas City law firm works on a contingency fee basis, meaning that our fees are contingent on winning your case. If we don’t win, you don’t pay a thing. How do I prove that another driver was at fault for my car accident?
There are a few different ways to establish that another driver was at fault for your car accident. One way is to show that the other driver violated a traffic law, such as speeding or running a red light. Another way is to show that the other driver was driving in a negligent manner, such as by texting while driving.
Should I accept the settlement offer from the insurance company?
Always stay mindful that no matter how pleasant the insurance adjuster that you may be working with after a Kansas City accident, they are working on behalf of the insurer and are focused almost solely on settling your claim for as little as possible. The adjuster is concerned about saving the insurance company money and ensuring the shareholders of the insurance company make money. Remember that these major insurers handle thousands of claims such as truck accidents, motorcycle accidents, dog bites, property claims, and more, and in order to remain profitable they must be able to pay out less than they receive for premiums from clients. The insurance companies are multi-billion dollar corporations. If they save $10,000 on your claim, multiply your claim by 1,000. The insurance company has now saved $10,000,000! Don’t let that happen to you. Consult an experienced Kansas City personal injury attorney.
Before agreeing to anything, be sure to review your offer with a Kansas City lawyer.
What types of damages can I recover in a car accident claim?
There are two types of damages that you can recover in Kansas City car accident cases: economic damages and non-economic damages. Economic damages can be quantified in terms of money, such as medical bills and losses to income. Non-economic damages include pain and suffering and emotional distress.
What if I was partially at fault for my car accident?
If you were partially at fault for your Kansas City auto accident, you might still be able to recover damages from the other driver. Missouri is a comparative fault state, which means that each person is responsible for the damages proportional to their degree of fault. For example, if you were 20% at fault for an accident, you could recover 80% of the damages from the other driver.
Comparative negligence is an important piece of legislation that protects victims from being left with no legal recourse. The alternative, contributory negligence, effectively blocks a victim from seeking compensation if it is determined that they contributed to the accident in any way. However, insurers will use this law as another tool with which they can reduce the amount they ultimately pay to settle a claim, so your attorney will fight to ensure that you do not accept any more fault than is appropriate.
How can an experienced car accident lawyer help me with my car accident claim?
Kansas City car accident lawyers can help you in several ways. First, they can help you gather evidence to support your claim. Second, they can negotiate with the insurance company on your behalf. And third, they can file a lawsuit on your behalf if necessary.
Having someone who can act as an intermediary between you and the insurer can also give you the emotional space necessary to focus on your recovery without the added stress. Insurers understand that claimants are likely overwhelmed with their injuries and other disruptions to their lives that auto accidents cause and will leverage their inexperience with personal injury law to manipulate them into accepting a settlement far less than what they deserve.
How much am I entitled to for my Kansas City car accident?
The amount of damages you are entitled to will depend on the specific facts of your case. In general, you may be able to recover economic damages, such as medical bills and lost wages, and non-economic damages, such as pain and suffering and emotional distress.
You may also be able to recover punitive damages in some cases, but these damages are not sought through a claim, and your attorney will not be able to request them. A judge or jury awards them at the conclusion of a trial to, as the name implies, punish the at-fault party for particularly reprehensible behavior that led to your injuries.
Contact our law firm as soon as possible to request a free consultation and begin the process of determining what you are rightfully owed for your accident.
Contact The McCallister Law Firm Today
If you have been injured in a car accident, you may be entitled to compensation for your damages. An experienced car accident attorney can help you recover the damages you deserve.
The McCallister Law Firm is a Kansas City-based law firm representing clients in car accident injury claims. We have experience handling a wide range of car accident cases, and we know what it takes to get our clients the compensation they deserve. Contact us today for a free consultation and get started on the road towards getting the money you are rightfully entitled to following someone else’s dangerous or otherwise negligent driving.