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Kansas Local Accident Resources

Charities That Local Accident Reports Supports

Kansas Local Accident Resources

Was Someone You Love Involved in a Fatal Accident in Kansas Today?

Has someone you know recently been killed due to someone else’s negligence? Contact us today to schedule a free consultation with an experienced Kansas wrongful death attorney.

If you, a friend, or a loved one has been involved in a Kansas fatal car accident today, recovering from such a terrible incident can be extremely difficult. Moving on and going about your days normally may feel like an impossible task due to the grief you may be feeling.  

Furthermore, you may be burdened with excessive medical bills and vehicle insurance and, as a final resort, require the intervention of a professional wrongful death lawyer. Additionally, you or your loved one may have been victimized by criminal activity, DUI, or negligence. 

Despite the complexity of these unfortunate issues, you can discover a vast array of resources that can guide you through each stage of recovery. This guide will review the financial and emotional resources available to help you get back on your feet and continue living your life.

If a Wrongful Death Has Cost You Income

If a wrongful death has impaired your ability to generate income for your family, you can turn to multiple resources that will help you receive financial aid and support:

Need Help With Requesting an Official Copy of the Incident Police Report?

Police reports are essential evidence for victims injured or killed in car accidents. In Kansas, you can obtain police reports online via the local police department’s website. 

Victims must create an online account and provide the following information: name, case number, date of the accident, and location. Those inquiring must also pay a fee via credit card. 

We have local attorneys specializing in car accident claims who will provide a complimentary copy of your police report. If you or someone you love was hurt in a Kansas car accident and needs a copy, we can help you get one. Contact us today.

If You Require Emotional or Psychological Counseling or Additional Therapy

After a wrongful death accident, you will be left with emotional trauma that may be difficult to cope with. If you require emotional support or counseling to cope with your experience in a catastrophic vehicular accident, be sure to visit the links below:

  • Kansas Psychological Association – Search statewide for psychologists who can help you recover from your traumatic experience with wrongful death.
  • Kansas Therapists – A directory that allows you to cross-reference therapists and counselors based on specialty, availability, field of study, and experience.

If You or a Loved One Were the Victims of an Accident Caused by DUI

Drunk driving is a terrible offense that can result in severe damage or death to innocent victims and put their families and friends in emotional turmoil. As reinforced by state law, the Kansas DMV has set the limits of blood alcohol concentration (BAC) at 0.08% for adults (ages 21 and older), 0.02% for young adults and juveniles (younger than 21 years), and 0.04% for CDL drivers. 

As of 2024, Kansas ranked 38th among the states with severe problems related to drunk driving incidents. If you, a loved one, or a friend were victims of a DUI incident and require more in-depth support, visit the following link:

  • Kansas MADD—Mothers Against Drunk Driving provides support for victims of drunk driving incidents in the State of Kansas. Call (877) ASK.MADD or (877) 275.6233 to speak with a representative at the national headquarters. 

Accident Prevention Services in Kansas

In recent years, the State of Kansas has established tactics for preventing unfortunate motor vehicle accidents and resulting fatalities.

  • Walking and Bicycling in Kansas – Established by the Kansas Department of Transportation, this program offers pedestrian and bicyclist safety resources, including walking paths and bicycle routes and links to local bike clubs, school programs, and the State DOT page.
  • Highway Safety – Through this program, the Kansas Department of Transportation seeks to improve the quality of local highways and prevent deadly crashes. The site includes links to education portals, traffic laws, ITS (Intelligent Transport Systems), news, and the Strategic Highway Safety Plan.

Charities Local Accident Reports Supports

At Local Accident Reports, we support several of these charities throughout Kansas. These compassionate professionals and volunteers touch the lives of victims dealing with the aftermath of life-changing accidents. 

  • Arrive Alive Tour – The staff tours schools and campuses to bring awareness to the deadly consequences of driving while texting, drunk, and distracted.
  • The Compassionate Friends – You can find support groups of parents, grandparents, and siblings who’ve suffered the loss of a son, daughter, or grandchild.   
  • Grief Resource Network – GSN offers bereavement services, support groups, and educational materials for community members coping with the loss of a child, spouse, or pet.
  • Healing Tree – This charity offers resources, educational materials, and entertainment that promote healing from abuse and trauma. 
  • Solace House – The organization has a network of caring healthcare professionals and 300 devoted volunteers who provide empathetic guidance throughout the end-of-life process. 
  • National Foundation for Teen Safe Driving – NFTSD hosts events and activities focused on reducing teen-related motor vehicle accidents, injuries, and fatalities.  
  • Stop Distractions – This grassroots non-profit aims to end accidents resulting from distracted drivers. 

What You Need to Know About Wrongful Death Cases

No one is prepared for the horror of the unexpected loss of a loved one. Death leaves surviving family members struggling to pick up the pieces of their shattered lives. 

This heartbreaking incident often leaves crash survivors with whirlwind questions that demand answers. Local Accident Reports is here to help with those questions so you can move forward with the legal aspect of your loss.

What Is a Wrongful Death?

According to Kansas statute, Chapter 60, Article 19, a wrongful death occurs when someone else’s negligent or wrongful conduct results in the loss of life. Among the most common wrongful death claims involve:

  • Auto accidents
  • Medical malpractice
  • Workplace incidents
  • Product malfunctions
  • Nursing home accidents

The types of claims mentioned above are civil cases. However, some wrongful death incidents fall under the category of criminal cases. These situations often involve assaults and murders. 

Although the claim is tried in criminal court, families can still file a civil lawsuit to recover compensation for their loss. Additionally, this legal option applies regardless of whether the defendant is found guilty or innocent in a criminal trial.

What Steps Are Involved When Pursuing a Wrongful Death Lawsuit?

Lawsuits require immense resources, attention, and diligence. Knowledge of the legal process gives you an idea of what to expect. Here’s a brief overview of what an attorney does during wrongful death claims:

  1. Conduct an Investigation: The plaintiff (the party suing) is responsible for proving their case. They collect relevant evidence, such as medical documents, eyewitness statements, and expert testimony. The chances of winning a case or securing maximum compensation diminish without proper evidence.
  2. File a Claim: A Kansas attorney files a formal complaint with the court. This legal document provides a detailed description of the wrongful death accident.
  3. Request Evidence:  Evidence is necessary to support or refute claims. Often, both sides have evidence the other doesn’t, which they request from one another. For example, an attorney may ask for sworn witness testimonies. This legal procedure is known as discovery.    
  4. Negotiate a Settlement: The parties involved often prefer an out-of-court settlement. This option is appealing to those who want to avoid a stressful, lengthy, and expensive court battle.
  5. Represent Clients in Court: Sometimes, settlements are rejected. When this happens, the next step is to go before a judge or jury during a trial. The attorneys argue their cases for their respective clients. Next, the judge or jury decides the verdict.

How Can I Prove a Wrongful Death?

A plaintiff is the party who files the lawsuit. Under the law, the plaintiff has the burden of proof. In these cases, you must address four legal elements to prove negligence. These include the following:

  • Duty of Care – This concept means the defendant (party accused of the wrongful death) is responsible for behaving in a manner that would not cause the victim harm. Let’s say the defendant is a semi-truck driver who fell asleep behind the wheel. In this instance, the trucker had an obligation to drive safely. 
  • Breach of Duty – You prove this element when you can show the truck driver did not behave in a safe manner that was reasonably expected.
  • Causation – Here, there must be a direct link between the actions of the defendant and the death of the deceased. For example, evidence reveals the death resulted from the truck driver dozing while driving. 
  • Damages – This element identifies the financial costs associated with the fatal accident.  

Evidence is the driving force that can help surviving family members prove their cases. And this is where a highly skilled attorney can serve you best. They have the staffing to gather the evidence that supports the four elements of negligence.

Who Can File a Wrongful Death Claim?

Kansas law identifies the parties who can file claims. These survivors include spouses, children, parents, grandparents, and siblings. It also recognizes a hierarchy of eligibility. In other words, the survivors who can file are based on their relationship with the deceased. 

For example, a spouse has a priority in filing versus a child. If the deceased person has no spouse or child, their parent can pursue a claim. 

What Is the Statute of Limitations for Wrongful Death Cases?

The statute of limitations restricts the amount of time you have to file a wrongful death lawsuit. In Kansas, you have two years to file. The timeframe starts at the date the deceased loved one passed away.

What Kinds of Damages Can I Recover?

Damages refer to the financial award a surviving family can pursue in a wrongful death. There are three categories of damages. The first is economic, which includes recovery of monetary matters, such as medical expenses, funeral costs, and income loss. 

The second is non-economic. In this instance, families can receive financial relief from the emotional impact of their loss. These damages can pertain to mental anguish and loss of companionship. Currently, Kansas limits this compensation to $250,000. 

Finally, there’s punitive, where a court punishes the guilty party with a financial penalty to deter negligent acts in the future.

How Are Damages Calculated?

A wrongful death takes a financial toll on surviving family members. There’s no way to truly place a price on the loss of a loved one. However, compensation can help families recover from financial hardships. Calculating the value of a claim considers the economic and non-economic impact on a family. 

These damages include funeral costs, medical expenses, future earnings, degree of fault, and pain and anguish. Other factors involve the deceased person’s age and health status. The calculation requires a thorough, deep analysis of the claim.  

How Do I File a Wrongful Death Lawsuit?

In most cases, the first step is hiring a wrongful death attorney. Next, your lawyer will gather relevant evidence and file the necessary legal paperwork. Depending on this case, a skilled attorney can negotiate a favorable settlement with the negligent party’s insurance provider. 

A court trial is the next option if the negotiations don’t result in a satisfactory offer. A judge listens to both sides of the case, rendering a verdict for or against the plaintiff (party pursuing a lawsuit). If your attorney wins, the court will grant you a monetary award.

How Long Does a Wrongful Death Lawsuit Take?

There is no definite timeline. Every case is different and varies in complexity. For instance, an attorney could resolve a wrongful death case involving one motorist and one pedestrian faster than one centered around multiple vehicles and pedestrians. The process could last from a few months to several years. 

The factors commonly influencing the timeframe include the number of parties involved, the amount of evidence, back-and-forth negotiations, and court case dockets. Although an attorney can’t provide a specific finish date, they can give you an estimate of what to expect.  

What Challenges Do Families Face With Wrongful Death Claims?

Wrongful deaths are among the most challenging cases. The main reason for this is the delicate balance of dealing with the legal system while grieving a painful loss. Whether the case ends in a settlement or goes to trial, it’s not easy having to relive the tragic circumstances of a loved one’s death. The process can take an emotional toll on family members.

Is it Necessary for Me to Hire a Lawyer?

Hiring an attorney is optional. However, it’s highly recommended that families allow a wrongful death lawyer to handle their legal affairs. For one, they can give you a sympathetic ear during a challenging time. 

Additionally, they’re well-versed in the Kansas laws impacting your claim. They possess the experience and skill set to handle tough negotiations and courtroom battles. They can protect your rights, fight for what’s just, and pursue maximum compensation. 

The bottom line is an attorney gives you the best chance of winning a case.

Do I Have the Right to File a Wrongful Death Claim If My Loved One Was Partially at Fault?

The short answer is yes. Kansas has a comparative negligence rule, which allows a family to recover damages if the deceased person’s contributory fault is less than 50 percent. 

Additionally, compensation is reduced based on the degree of the deceased person’s involvement. Let’s say they are 10 percent at fault for the fatality. A $200,000 award would be reduced to $180,000.

How Does Wrongful Death Differ from Personal Injury?

Let’s start with what they have in common. Both claims involve the negligent or wrongful actions of another party. Now, the key distinction is who can file a claim. In a wrongful death case, the surviving member or representative can pursue legal action. In a personal injury, the injured person takes legal action against the negligent party. And, of course, there’s the possibility of recovering compensation in both instances. 

Traffic Statistics in Kansas

In this section, you can investigate the statistics regarding traffic congestion and the percentage of fatal accidents. As of July 2023, The Sunflower State has a total population of 2,940,546. Of course, residents use various modes of transportation when traveling throughout the state. So whether you are driving, walking, or cycling, it helps to know more about road safety. Below, we highlight some key statistics that can impact travel.

  • Dangerous Highways: The sobering reality is some highways are more dangerous than others. Kansas has four stretches of roads with the deadliest wrecks and injuries. Proceed with caution when driving along I-135 (Sedgwick and Harvey counties), US-24 (Pottawatomie County), US-83/50 (Finney County), and US-69 (Crawford County).
  • Motor Vehicle Fatalities: In 2022, the Kansas Department of Transportation (KDOT) reported a slight decrease in traffic crash-related deaths. There were 364 fatalities compared to 424 in 2021. Although this is a positive downward trend, we must remain vigilant regarding roadway safety.
  • Leading Causes of Accidents: Multiple factors contribute to fatal and non-fatal motor vehicle crashes. According to the 2022 Kansas Traffic Crash Facts, the top three accounts for nearly 40% of accidents. These five culprits include distracted driving (17.4%), animals (12.0%), right-of-way violations (10.5%), tailgating (7.0%), and speeding (6.3%).
  • Vehicle Crashes: There were 92,250 vehicles involved in crashes in 2022. Cars, pick-up trucks, and SUVs make up 80,086 of these wrecks. The total number is 80,086. Here’s a breakdown per vehicle: cars (45,617), pick-up trucks (14,371), and SUVs (20,098). Other autos that round out this crash data include vans, trucks, buses, motorcycles, scooters, and mopeds.
  • Worst Driving Times: Unfortunately, fatal crashes are a 24/7 occurrence. However, specific hours, days, and months see the most significant upticks in these tragic traffic events. Based on data collected between 2016 and 2020, the time of day that poses the highest fatality risk for Kansans is 2 pm – 3 pm (121 lives lost). The deadliest day and month are Saturday (327 deaths) and September (200 deaths), respectively. 
  • Weather-related Accidents: Kansas has a climate that goes from one extreme to another. The state is no stranger to heavy rains, severe winter storms, and life-threatening blizzards. The most hazardous environmental conditions that threaten motorists’ safety include mist or drizzling rain (50.34% crashes), snow (23.04% crashes), and snow and winds (6.13%).  
  • Drunk Driving: Nationwide, over 10,000 people lose their lives in alcohol-related auto accidents each year. In 2022, 2,167 crashes involved alcohol. Out of that number, 83 were fatal, followed by 817 injuries. The age group with the most fatalities was 40-44, followed closely by drivers 25-29. Male drivers who lost their lives was 74 compared to 19 female drivers. 

In 2023, the Kansas Department of Transportation (KDOT) and Kansas Highway Patrol joined forces to deter impaired driving with its “Drive Sober or Get Pulled Over” campaign.

These statistics can serve as an eye-opener for all Kansas residents. The numbers reveal the need to make road safety a top priority. After all, there are real lives behind each stat. Bringing attention to roadway hazards can help us make better decisions to prevent auto accidents, injuries, and fatalities.

Talk to a Kansas Wrongful Death Lawyer

If you or a loved one has been involved in a personal injury or wrongful death case in Kansas, it’s vital to seek the assistance of an experienced legal professional who understands the nuances of the law and the local legal landscape. At Local Accident Reports, our dedicated team of attorneys supports you during this difficult time, providing compassionate advice and expert legal counsel to ensure your rights are protected and that you receive the compensation you deserve. From evaluating your case to negotiating with insurance companies and representing you in court, we will guide you through every step.

Don’t hesitate to contact us for a thorough consultation to explore your legal options. Call us today at (888) 657-1460 to speak with a knowledgeable attorney who can offer your support and guidance. Your path to justice starts here, and we are ready to stand by your side throughout the process.

Motor Vehicle Crash Deaths by Road User Type and State

Car Occupants

Car Occupants

174

Pickup and SUV Occupants

Pickup and SUV Occupants

167

Large Truck Occupants

Large Truck Occupants

12

Motorcyclists

Motorcyclists

56

Pedestrians

Pedestrians

33

Bicyclists

Bicyclists

5

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