When you’re injured in an auto accident in Wichita or Kansas, the consequences can be long term. The crash itself was quick. The medical expenses, lost income, and other costs you have to deal with as a result of being injured can take a while.

You need to know your rights so you can get fair and full compensation for a car accident injury in Kansas. The insurance laws are complex, and a mistake can significantly affect your case value and your future. Before you talk to the insurance adjusters, get free advice from a Wichita auto accident injury lawyer who knows how to help maximize your case value.

Is Kansas a “Fault” State for Car Accidents?

The insurance companies will tell you early on that Kansas is a “no fault” state.  Although that is true, it also can be misleading.  Kansas is also an “at-fault” or “tort” state which means that the at-fault driver (and their liability insurance) pays compensation for car accident injury victims. The no fault laws add additional protection to injury victims and these laws provide that your own insurance company (or if you don’t own a vehicle, the insurance for the vehicle you are riding in) provides Personal Injury Protection (PIP) benefits to pay for your initial medical bills and wage loss.  Unlike claims against the negligent party, these PIP benefits are paid up front.  Claims against the negligent driver’s insurance company are normally not paid until time of settlement.  There is a catch on the no fault PIP benefits in that you must have a significant injury to be able to qualify as being able to recover money for your pain and suffering against the other driver’s insurer.  You have to have at least $2000 in medical expenses to be able to bring a claim for pain and suffering against the insurer of the at fault driver.  There are some exceptions and if you have certain fractured bones or your injury has permanency, you are not required to get to $2000 in medical bills.  With the cost of today’s healthcare, it doesn’t take much treatment to get to $2000.

What Happens If You’re Partially at Fault?

Kansas is a “modified comparative fault” state with a 50% bar. That means damages (financial compensation) for a car accident are reduced if you have some fault for contributing to the wreck. For drivers, if you have 49% or less fault, you can recover, but your damages get reduced by your percentage of fault. For passengers, who don’t have fault, if two other motorists were each 60% and 40% responsible for your accident, then you would get 60% of your compensation from the first motorist and 40% from the second motorist.

The modified comparative fault rule means that you can recover as long as you aren’t equally or more at fault than the other party. If you are 10% at fault, you can recover, but your recovery will be reduced by 10%. If you are 50% or more at fault, though, you can’t recover compensation at all.

What Does Car Insurance Cover in Kansas?

Under Kansas law, all vehicles registered in the state are required to carry what’s called 25/50/25 liability insurance. This means every vehicle must have:

• $25,000 in bodily injury liability for injury or death of one person in an accident.  This covers you when you are the negligent driver having to pay others injured in the wreck.
• $50,000 total in bodily injury liability for injuries or death to multiple people in a single accident.  This covers you when you are the negligent driver and the multiple people injured are limited to the $50,000 even when there are a lot of injured people.
• $25,000 for property damage in a single accident.  This covers you when you are the negligent driver and cause damage to someone else’s vehicle.

These limits are very low and if you cause damages to someone else, it easily could turn out their damages are much higher than your coverage limits.  You could be at risk of getting sued where the other party could go after your personal property or your wages.  It is highly recommended that you purchase coverage with higher limits, as much as you can afford.

Liability auto insurance is also required to provide uninsured/underinsured motorist coverage equal to the amount of your liability coverage (unless you sign a written rejection of the higher coverage).  Liability auto insurance is also required to provide Personal Injury Protection benefits under the Kansas no fault laws , but you can optionally add other types of coverage to your policy, including:

• Collision and comprehensive – pays for damage to your car in crashes and non-crash events like fire or vandalism, respectively.
• Increased Personal injury protection (PIP) – pays for higher medical bills and higher lost income if you are injured in an accident, up to coverage you purchase.  The minimum required coverage of $4500 for medical expenses and $900 per month for wage loss up to one year rarely will cover you losses.  You can buy higher coverages and extend the time frame of wage loss coverage.
• Medical payments (MedPay) – similar to PIP but pays for medical bills only.
• Umbrella coverages – these are additional protections that cover you for losses when the damages are higher than your underlying auto policy coverage.  You can get UM/UIM coverage in some of these policies which is highly recommended because it protects you when the other driver is uninsured or has low limits of coverage, and you can collect for more serious injuries with larger damages against your own policy.

What If the At-Fault Driver Doesn’t Have Insurance?

Kansas law provides every vehicle registered or garaged in Kansas has to have auto insurance, but some drivers break the law, and it’s important to make sure you’re protected. If you have uninsured and underinsured motorist insurance on your policy, you can file a claim with your own insurance company to recover damages up to your UM/UIM policy limit. This also applies if you’re injured by a hit-and-run driver or “phantom vehicle” that is never found.

All Kansas auto insurance polices are required to at least have the minimum UM/UIM coverage.  When you collect these coverages, your insurer has a right to go after the uninsured driver to try to get their money back.

Other Possible Options to Get a Settlement

There are quite a large number of collisions where both vehicles involved end up being uninsured.  If you own a vehicle that was not involved in the collision, but you have insurance for that vehicle on the date of the accident, then you will present both PIP and UM claims against your own personal auto insurer.  If you own a vehicle with no insurance on the date of accident (even if that vehicle was not involved in the collision and even if the vehicle is not operable), you normally won’t be eligible to get the PIP benefits.  However, there may be ways to get a settlement for UM coverage.  If you are not the titled owner of a vehicle, and live with a relative who has an active auto insurance policy, you can present both PIP and UM claims against your relative’s insurance policy. 

There are occasions where you be insured in an insurance policy as an insured and you don’t even know it.  This may be the case for young adults who leave home, but their parents forget to take them off the auto insurance policy.  Or when married people go through a divorce, on occasion, the other spouse forgets to remove the prior spouse from the insurance.

If you were in a wreck where neither vehicle was insured, if you don’t have an auto policy, if you are not a titled owner of a vehicle, and if there are no auto policies on a relative that you reside with, the last option is getting PIP benefits through the Kansas Auto Assigned Claims Plan, which protects non-owners in the event there is no other insurance, however, this option only gets you the  minimum of $4500 towards medical bills, and $900/month of wage loss, up to one year, while a doctor has you off work.

The last resort is suing the negligent uninsured driver directly.  The majority of drivers are judgment proof.  This simply means they probably don’t own anything that you can go after.  Getting a judgment against an individual doesn’t mean you are going to collect against the individual.  Most personal belongings are protected from a lawsuit.  You can’t take a person’s car, home, furniture, retirement plan, or even their jewelry (to a certain level).  You can spend a lot of money on legal fees to try and collect, but if you don’t collect, you are even further in the hole.  Most injury lawyers will not go after an individual without being sure the person has non-exempt assets that are worth going after. 

You need an experienced injury lawyer to pursue car accident compensation because we can investigate and identify every possible source of compensation for your losses. Get the Brian and Brian Advantage when trying to figure out how to collect!

What Does Insurance Cover If You’re Not at Fault?

Depending on the extent of your injuries, your car accident could be worth hundreds of thousands or even millions of dollars. Damages include:

• Medical bills, medication, medical devices, surgery, physical therapy, ongoing care, and future probable medical expenses.
• Lost wages and lost future earnings if can’t work or can’t do your regular job.
• The reasonable cost of replacement services, such as childcare, maintenance, or yard work, that you cannot perform due to your injuries.
• Modifications to your home or vehicle to accommodate a disability.
• Pain and suffering, mental anguish, disability, disfigurement, inconvenience, loss of time, loss of enjoyment of life, loss of consortium for your spouse (noneconomic losses).
• Property damage, including the diminished value of your vehicle.

For example, if you sustained back, neck, shoulder, leg or arm pain after a car accident, your claim should include not only the past medical treatment but also for any medical treatment a doctor confirms is likely in the future due to you injuries. If the auto accident makes it likely that you will need future back or neck surgery, that cost needs to be itemized and claimed.

The Way to Maximize Your Case Value Is to Hire an Experienced Car Accident Injury Lawyer

You only get one opportunity at compensation for pain after a car accident in Kansas. Once your case settles, even with just a verbal agreement to settle, you can’t back out of that settlement later. Your damages need to be fully investigated and explored by an experience injury lawyer to quantify all of your damages, past and future.

Don’t make the mistake of getting a low quick settlement in the days after your wreck.  Seek full compensation for your car accident injury with a knowledgeable, reputable injury lawyer. Contact PISTOTNIK LAW today for a free consultation with an experienced Wichita car accident injury attorney.

Your rights include getting full fair compensation for ALL your damages. In Kansas, most car wreck victims have at least three and many times four different claims.  First is getting paid to fix your car or being paid for the value of your car.  Second is presenting a claim for Personal Injury Protection benefits against your own auto insurer under Kansas No Fault laws.  Third is presenting a claim for your injuries against the other driver’s insurance company.  And fourth is presenting a claim against your own insurer for underinsured motorist coverage, in the event the other driver has inadequate coverage. 

 Car accidents happen all the time, in Wichita and throughout Kansas. A car accident can turn your life upside-down in an instant. Suddenly, you are without a car.  You are left injured and in need of medical treatment. You can’t work and there is less money coming in. Many people need legal help from the very beginning.

The car accident lawyers at PISTOTNIK LAW know that being hurt in a crash can impact you physically, emotionally, and financially. If your accident was caused due to the fault of another driver, you have the right to seek financial compensation for the damages you suffered. We help you fight for that right every step of the way throughout the legal process.  Our advice at the very beginning can make a dramatic difference in the value of your case.

Do I Have to Talk To the Other Driver’s Insurance Company?

NO!  In fact, giving them a statement about how the wreck occurred or about your injuries could severely damage the value of your case. Talking to trained insurance adjusters gives them information that they will try and use against you in your case.  You are not required to admit fault or make any statements that could be used against you later. If you were involved in a collision, an insurance adjuster may contact you with some questions. If you answer these questions, you could potentially jeopardize your case by inadvertently saying the wrong thing.  When you tell them about how you are physically doing at that time, your physical condition could get worse, but they try to limit your damages to what you told them.

The attorneys at Pistotnik Law handle all communications with the other driver’s insurance company regarding your injuries, so they can’t use their tactics on you.

Should I Get a Lawyer for a Car Accident If I’m Not at Fault?

YES! Recovering compensation after a car accident can be complicated. The negligent driver that caused your crash may have been speeding, texting, or driving recklessly. Negligent drivers often deny doing anything wrong and don’t accept responsibility for their actions.  Their insurance companies are trying to pay you as little as possible.  Sometimes they will make you an offer on your injury case of a few hundred, even up to a few thousand of dollars.  If you accept, that is considered a verbal contract that you cannot get out of.  Many unknowing injury victims settle their cases early on and lose very large sums of money.  Settling for $1000.00 when the case could be worth $100,000, or more, is like getting injured twice.

Insurance companies are supposed to help after you’ve been hurt in a car accident. The truth is they are not on your side. Their main interest is in saving money to increase their profits. To keep their profits as high as possible, they will try to pay you as little as possible. They use a wide range of tactics to try to limit your compensation.

That’s why you need an experienced car accident lawyer on your side. Our firm has an established record of excellence and a long track record of getting results. We have experience, reputation, resources and we get results! We want you to focus on recovering from your injuries as much as possible, while we handle everything else. Our lawyers handle every detail of your claim to fight to maximize the value of your injury claim.

How Will a Wichita Car Accident Attorney Investigate My Crash?

At Pistotnik Law, our lawyers start by investigating your accident to get the facts. Our legal team gathers evidence and carefully reviews accident reports, medical records, and other documentation. We identify witnesses and interview them. If needed, we consult accident reconstruction experts and other specialists who can help prove your case.

If distracted driving was believed to be the cause of your crash, we may subpoena the other driver’s cellphone records to find out if they were texting and driving. We may also request video footage from nearby surveillance cameras, if available.

Can I Collect Evidence of My Own?

YES and you should do that from the beginning.  If you were involved in a car accident, you can help your case by collecting evidence yourself. If you’re able to, take pictures of the crash scene and include vehicle damage, vehicle positions, visible injuries, and other important details. You can also gather unbiased witness statements and contact information.  You can look around the accident site to see if any nearby businesses have video. As you heal, you should periodically take photos of any visible wounds.  You can have family or friends video your movements to document how the injury has been affecting your activities of daily living.

Additionally, you have the right to obtain the police report from the responding law enforcement agency. You can usually request the report in person, by mail, or, in some cases, online. Each agency might have its own procedure for requesting reports. Be prepared to pay a small fee for the report. The cost can vary depending on the agency.  If you have paid for the police report before hiring us, we will gladly reimburse these expenses and they can be paid out of your settlement proceeds.

I Was Hurt in a Car Accident. What Damages Can I Recover?

If the other driver is at fault, you have the right to seek compensation for your damages. Our lawyers determine the total damages you have suffered because of your car accident. You have the right to recover compensation for all these damages, which may include:

• Medical expenses for your injuries (current and in the future)
• Lost wages
• Lost earning capacity
• Property damage (the cost of repairing or replacing your car)
• Pain and suffering
• Mental or emotional pain or anguish
• Disfigurement
• Physical impairment
• Loss of companionship
• Loss of enjoyment in life
• Inconvenience
• Loss of time
• Disability

How Does a Wichita or Kansas Car Accident Settlement Work?

At Pistotnik Law, our attorneys handle everything.  This means we gather the evidence like the police report, your medical records and bills, we write to your employer to get wage verification and we can write to your doctors to get reports confirming the nature and extent of your injuries.  Once your treatment concludes, we demand the insurance company to evaluate and pay you for injuries.  Should the insurance company not cooperate, we file suit.  You have a right to present evidence to a jury to allow a jury to award you fair, just compensation for what you have been through.

You have the right to review and accept or reject settlement offers from the other driver’s insurance company. Our attorneys will help you through this process by explaining how the system works and use our experience to help you understand the true value of your case. If the initial offer is not satisfactory, our lawyers will advocate tirelessly for a higher amount.

Our law firm builds strong cases that insurance companies must take seriously. Many times, when they see that we are prepared to fight for you, they agree to pay a settlement that meets your needs. If they won’t negotiate, you have the right to file a lawsuit. Our attorneys will fight for you in court to get the compensation you deserve.

Many people worry that they may not be able to afford a lawyer. We believe cost should not prevent you from seeking justice. That’s why we work on a contingency fee basis. That means you owe us nothing unless we recover compensation for you. You pay nothing up front. We pay all the costs to move your case forward. And we only get paid if we win.

This helps level the playing field, especially against insurance companies with significant legal resources. Our resources are used to prove your case.  We have a strong incentive to fight to get you the most, because the more you recover, the more we recover also.

I Was in a Car Accident, and I Need a Lawyer. What Do I Do Next?

Call us as soon as possible.  Our phone is 316-689-8035 and, if we don’t talk to you immediately, we do our best to get back in touch with you as soon as possible. The attorneys at Pistotnik Law have been fighting for the injured in Wichita and Kansas since our firm’s founding in 1987. From the beginning, we’ve been focusing on fighting for the rights of clients who were hurt through no fault of their own. Every case is different, which is why we take the time to learn more about how your accident has affected your life.

Don’t delay. It’s best to get legal advice as soon as possible. The statute of limitations for taking legal action is two years from the date of your accident, but it can take months to build a strong case. Sometimes there is a five year statute of limitations if you are pursuing an uninsured motorist case.  Children have a longer statute of limitations.  Also, the longer you wait, the more likely it is that evidence will be lost and witnesses will forget important details.

Let us fight for your right to compensation. Schedule a free consultation with one of our experienced Wichita lawyers. Contact us today to set up a time that works for you.

Call Pistotnik Law as soon as possible after the incident. It’s a nightmare for any parent. Your son or daughter is seriously injured in a car accident.  This includes when your child is crossing a street and hit by a car. Or your child is a passenger in any vehicle and gets injured. Someone’s negligence caused the wreck, but your child could be affected for the rest of his or her life. You are angry, concerned, confused, and overwhelmed with what’s next. We can help.

PISTOTNIK LAW has a history of standing up for children and families after car accidents in Wichita and Kansas. If your son or daughter was a passenger in a car accident, or struck as a pedestrian, we will fight for the compensation your child deserves. Give us a call today for a free and confidential consultation.

What Should I Do If My Daughter or Son Was a Passenger in a Wichita or Kansas Car Accident

Your top priority, after calling the police, is your child’s health. Call an ambulance or take your child to an emergency room (not an urgent care clinic) to get checked out, then schedule a follow-up appointment with your pediatrician or family doctor. The attorneys at Pistotnik Law can help coordinate medical care, if need be.  Make sure you inform the doctors and their staff of ALL body parts with possible injury and follow the doctor’s instructions, go to all medical appointments, and document everything. This is important for your child’s health but also for their legal rights.

A car accident can be a deeply traumatic event, and helping a child after a car accident includes addressing their mental and emotional health in addition to their physical health. Talk with your child and watch your child to make sure your child knows that he or she is safe, cared for, and loved and that medical treatment will help restore them to health. Don’t hesitate to ask your pediatrician for a referral to a therapist or child psychologist to help cope with the mental health effects of the accident.

Help your child with documentation. Contact an attorney at Pistotnik Law as soon as possible, before you speak to the insurance company, to protect your child’s rights and our attorneys will start an independent investigation. Take pictures of the accident scene, as well as any property damage and any visible injuries. Get names and contact information for any witnesses. Get a copy of the police accident report, when it becomes available. Of course, our office will do that for you once hired.

What Should I Do If My Child Was Struck By a Car While Crossing a Street?

Unfortunately, children, especially younger ones, get struck by cars as they cross the street.  The general rule of law is that a pedestrian crossing the street outside of a crosswalk has to yield right of way to cars on the street.  If crossing in a crosswalk, the driver has to yield to the pedestrian, as long as the pedestrian is adhering to the traffic signal or walk sign.

With the Kansas comparative fault laws, when a child is crossing outside a crosswalk, the insurance companies have an argument that the child’s fault is 50% or greater and therefore the child is not eligible for a settlement.  However, an experienced lawyer, like those at Pistotnik Law know how to use the laws to benefit the injured child.  Even when it seems the child is at fault, we have successfully handled many of these children accidents to get a settlement for the child based on the fault of the driver.  It is extremely important to contact us as soon as possible after the pedestrian/car wreck so that we can represent and protect the child from normal insurance company tactics.  These accidents typically involve more serious injuries and higher medical expenses and our experienced lawyers fight hard to maximize the settlement for the child.

What Is the Average Settlement for a Child in a Car Accident?

Every child’s case is valued based on the facts of how the accident occurred and the nature and extent of injuries and damages; it depends on your child’s injuries and the effects on his or her life. Costs and damages that should be accounted for in a settlement include:

• Medical expenses, both past and future. This can be substantial if your child’s injuries will require a lifetime of medical care.
• Medication and medical devices, such as mobility aids.
• Lost future income or lost earning capabilities if your child now has a significant disability or the injury affected development.
• Pain and suffering, emotional distress, and mental anguish. Pain and suffering for a child in a car accident is a larger component of the recovery than it would be for an adult since juries are normally sympathetic to any child suffering an injury.
• Modifications to your home or vehicle to accommodate a disability.
• Property damage to the vehicle your child was riding in and any other personal property.

An attorney will assess the case and determine the damages due to the accident. Your attorney may need to hire expert witnesses, such as doctors, child psychologists, or economists, to estimate those long-term costs. The first step is to schedule a free consultation with an experienced car accident lawyer.

What Can I Do If My Son or Daughter Was Killed in a Car Accident?

In Kansas, when a minor child dies due to negligence, their parent or parents (whether biological or adopted) can file a wrongful death claim. Some of the losses you can recoup in a wrongful death lawsuit include:

• Medical expenses, pain and suffering, and other costs sustained by your child prior to death
• Bereavement
• Loss of companionship and society
• Emotional distress and mental anguish resulting from losing a child
• The calculated net value of services the child received
• Funeral and burial expenses
• In some cases, punitive damages

No lawsuit can make up for the loss of a child. No parent would give up even one more day with their child for any amount of money. However, pursuing accountability and justice for your child’s death can help provide a degree of closure. We’ve helped many families in these heartbreaking situations, and we would be honored to represent you and explain your legal options.

Talk To an Experienced Lawyer About Your Child’s Car Accident

If your child was hurt in a car wreck, it is very important to get legal representation early after a car wreck. Kansas law does relax some legal deadlines when the victim of an accident is a minor, but failing to pursue the case timely can hurt the value of the case. The wreck needs to be investigated and important evidence needs to be secured before it disappears. And you need someone to handle the insurance company and deal with the paperwork while you focus on your child’s health and your family’s future.

That’s why you need to contact Pistotnik Law. We have the experience and resources to stand up for Wichita and Kansas children who are hurt by negligent drivers, and we will fight hard for your child’s rights to maximize their settlement. Schedule your free consultation today; you can come to our office in Wichita, or we can come to you. No cost, no obligation, just free advice and answers about your child’s rights.

When My Child’s Case Gets Settled, Can I Use the Money to Pay for Living Expenses of My Child?

 The answer is no.  Kansas courts are required to protect children when a settlement on an injury case happens.  The case is pursued for the benefit of the child and the proceeds of the settlement are the child’s money, and the funds cannot be used by the parent.  The main exception is the claim for medical expenses which belongs to the parent, because the parent has a legal obligation to provide for the child, including paying the child’s medical bills that arise from a car accident.

Sometimes the settlement has to be approved by the Kansas Courts which means a judge has to review the settlement and determine if the settlement is fair, just and equitable and make sure settlement proceeds are preserved for the child until the child reaches age 18.

Judges have the discretion to use part of the settlement proceeds to reimburse the parent for the medical expenses.  Also Kansas judges have the discretion to release funds prior to age 18 for unusual circumstances, like educational needs.

The Kansas law that determines whether or not a court approved settlement is required is K.S.A. 38-152.  That statute allows an alternative procedure to settle a child’s case when the child is receiving $25,000 or less, after attorney fees, costs, medical bills, and liens.  That statute provides the funds can be paid to a child’s bank account without a court hearing.

Should I Replace My Child’s Car Seat After a Car Wreck?

The National Highway Traffic Safety Administration (NHTSA) recommends replacing child car seats after a moderate or severe accident, even if the seat itself is not visibly damaged. Most car seat manufacturers recommend replacing their products after any accident, no matter how minor.  Most insurance companies will pay for the cost of a replacement child car seat as long as there is at least a significant amount of damage to the vehicle involved.

If you do have to replace your car seat, then that cost should be accounted for in your recovery – in other words, even if the seat itself was not visibly damaged, if it has to be replaced, that is “property damage” as far as your settlement or verdict is concerned.  The property damage is handled by the property damage insurance adjuster and normally not handled by the bodily injury insurance adjuster.

If you’ve been injured in a Wichita car accident, you may end up needing surgery. That’s not good news, and it can affect you physically, emotionally, and financially. If your injuries were caused by a negligent driver, the car accident injury lawyers at PISTOTNIK LAW fight for the compensation you deserve including the cost of the medical treatment you need.

Having surgery will definitely increase the value of your case, not just for the increased medical bills, the wage loss, but also for your pain and suffering and other noneconomic losses.

Having to undergo surgery is painful and there is the risk of complications. After surgery, you still face a long road to recovery, often with extended physical therapy and follow up appointments. It is common to be off work  during the recovery from surgery causing additional financial loss.

If you were injured in an auto accident, possible reasons why you may need surgery are:

• Back, neck, or SI joint surgery
• Spinal fusion surgery
• Hip repair or replacement surgery
• Rotator cuff or other shoulder surgery
• Broken leg or arm surgery
• Broken hand/wrist or ankle surgery
• Internal organ surgery
• Brain surgery
• Nasal or deviated septum surgery
• Plastic surgery
• Elbow or wrist ulnar nerve or carpal tunnel surgery

Recovery from surgery can be a lengthy process that may take weeks, months or even longer. There is a likelihood of a permanent disability. Family or friends have to help take care of you during the recovery. It can be a tough time in your life, both physically and financially.

Our Attorneys Provide Serious Help From the Start

Getting a fair settlement after a car accident can be complicated. There may be issues regarding fault for the wreck or arguments of comparative fault.  Insurance companies fail to help, and they are concerned with protecting their company’s profits.

There are many tactics insurance adjusters try to use to try to pay you less after your surgery. They may question the seriousness of your injuries or even if surgery was related to the wreck or necessary. They may argue your injuries were pre-existing. Or they may make a lowball settlement offer that falls far short of even covering your medical bills.

You need an experienced car accident injury lawyer who will fight for your rights. Our firm has been helping the injured in Wichita since 1987. We understand the impact the surgery from your car wreck will have on you and your family. We’re dedicated to helping you recover maximum compensation for the injuries.

We investigate both the facts regarding the car wreck as well as the damages you are incurring due to the surgery. Our legal team knows where to look for evidence of negligence and evidence to prove your damages. We carefully review accident reports and medical records. We locate and interview witnesses. If needed, we consult accident reconstruction experts and medical experts.

Contact Us Today for a Free Consultation

Our lawyers build strong cases that insurance companies can’t ignore. We’ve earned a strong reputation after decades of fighting the insurance companies and their lawyers. They know that we are always prepared and are committed to getting the best results. Our reputation helps us get fair settlements.

We are not in a hurry and will work to force the insurance company to pay as much as possible. Your settlement will include compensation for all the damages you have suffered. This includes compensation for all past and future medical expenses related to your injuries, your surgery, wage loss,and the noneconomic losses (damages like pain and suffering) associated with your recovery.

Don’t worry about any up front fees. If we represent you, there are none. In fact, you owe us nothing unless we get a settlement for you. Our fee is paid from the settlement we recover, whether that’s through a settlement or a jury verdict. If you don’t get compensation, we don’t get paid.

If you were hurt in a car accident and need surgery, learn more about how we can help. Contact us to schedule a free consultation with one of our experienced car accident injury attorneys. If you can’t make it to our office, we can come to you – at your home or in your hospital room.  If travel is difficult, we will make it easy.

The answer is a strong YES.  One of the most important things you should do after a car accident in Wichita or Kansas is to call 911 and wait for the police to arrive. The police will investigate the car wreck, get medical attention for anyone who needs it, and fill out an official accident report.

Failing to call the police after an accident can hurt your case. Failing to get a lawyer is can be even worse for your case. If you’re involved in a car crash in Wichita or anywhere in Kansas, your first call should be 911, and your second call should be PISTOTNIK LAW. A car accident attorney at our firm can protect your legal rights every step of the way.

Do Car Accidents Have to Be Reported to the Police in Kansas?

You’re not necessarily required to call the police, for all wrecks,but it’s generally in your interest to do so. According Kansas laws, you should always call the police if:

• There is an injury or fatality.
• There is significant property damage.
• The vehicles cannot be moved.
• You suspect a driver is intoxicated.
• A driver involved in the accident has no insurance.
• A driver leaves the scene (hit and run).
• A driver is suspected of any crime.

The main reason to call the police is to create an official accident report, which will play an important role in your claim. Under Kansas law, police are required to file an official report for any car accident that causes death, injury, or over $1,000 in damages.

If you’re wondering “should I call the police after a minor car accident?” then the answer is still yes. The police are not required to fill out a report for an accident that causes no injury and less than $1,000 in property damage, but they normally will. You have no way of knowing for sure whether anyone was injured or how much property damage was caused. At an accident scene, no one is knowledgeable in valuing what it will cost to fix the car.  Cars can have hidden damage, and people can sustain injuries with delayed symptoms. To protect yourself, you should report any accident to the police, no matter how minor you think it is.

There are other important legal reasons to call the police. Most important is to document what happened, to get information about the other driver and their insurer, and to have an actual investigation be performed by the authorities to prove fault for the collision.  The police also provide a level of safety when dealing with the other driver, who might be upset, or angry.

Do Police Take Photos of Car Accidents?

The police often take pictures of the scene, but you shouldn’t rely on them to do so. Remember, the police are investigating the car accident and possibly issuing citations or tickets for wrongdoing, but they do not advocate for compensation for your injuries. Their investigation is focused on their goals, and your investigation should focus on yours.

Protect your legal rights by taking photographs and video of the scene, including evidence such as skid marks, any property damage, and any visible injuries. Likewise, you should get the names and phone numbers of any witnesses. That information may not make it into the police report, but protect your rights and get that information for yourself just in case.  The Wichita police are very busy and deal with many car wrecks and each individual officer has their own degree of effort towards the investigation.  There may be multiple witnesses and the officer may limit how many witnesses they talk to, as they simply don’t have the time to complete an a complete exhaustive investigation.

What To Say to the Police After a Car Accident

When the police arrive, be confident, polite, and cooperative toward the investigating officer. Let them do their job, which is to investigate the accident. With any conversation at the scene of an accident, you need to stick to the facts of what happened. You need to keep your talk to a minimum, as your conversation could be recorded.  Wichita police officers often take video of the conversation.  Give the officer enough information so that they can confirm the other driver was at fault.  Be clear on the fact that you had the right of way, you were at a complete stop, or whatever fact is in your favor.  Do not admit to any wrongdoing.  Admitting that you were going slightly over the speed limit, as an example, can be used against you to prove you have comparative fault.  Telling the office you never saw the other vehicle also shows you may have not been keeping a proper lookout.  Just like sworn testimony, don’t guess, speculate, or make assumptions, just provide the facts.  Don’t volunteer information that can be used against you.

What If the Police Report Says I Am at Fault?

If the police tell you that you were at fault, or issue you a ticket, you should not argue with them.  You should provide a factual basis to the officer as to why you think they are wrong.  Although insurance companies rely on these “opinions” from the officer, in Kansas a police officer’s opinion  on fault is normally not admissible as evidence.  Opinion evidence by investigating police officers concerning physical factors of a car accident are only admissible when a proper foundation for such conclusions is presented and the conclusions are the proper subject of expert testimony.  Pure conclusions from the officer, such as a driver was guilty of inattention or stating a driver was negligent are not allowed as that is the issue for the jury to decide.  One Kansas Supreme Court decision discussing this is Ratterree v. Bartlett, 238 Kan. 11, 707 P.2d 1063 (1985).You often can fight this determination of fault with one of our experienced attorneys on your side.

That’s why you need to contact the experienced car accident lawyers at Pistotnik Law as soon as possible. We will listen to what you have to say as to why you are not at fault and we will help you prove that.  In auto accident cases, it is not the police nor the insurance companies who determine fault, it is the jury or judge!

We offer a free consultation and work on a contingency fee basis, so there is no cost to hire an attorney unless and until we win your case. Don’t go it alone after a car accident. Contact Pistotnik Law quickly after your wreck.

Can Police Search Your Car After an Accident?

If don’t want them to search your car, remember that the accident doesn’t change your Fourth Amendment protections against unreasonable search and seizure. Obviously you need to not act suspicious or volunteer statements that may provide the officer cause to want to search your vehicle.  Police can only legally search your vehicle if they have your voluntary consent, a warrant, or probable cause to believe the car contains evidence of criminal activity. Being involved in an accident doesn’t necessarily give the police any special reason to search your car; they need to meet the same legal criteria as in any other situation.

Pedestrians shouldn’t have to worry about a negligent driver running them over.  Drivers should be aware of their surroundings and should be keeping a lookout for pedestrians at all times.  Injured pedestrians deserve to be fully compensated for their injuries and damages when they are due to a negligent driver. PISTOTNIK LAW fights for you to get you the most possible to fully compensate you for your injuries and damages.

Pedestrians struck by cars or trucks are at risk serious injury or even death. Pedestrians are exposed with little protection when struck by a vehicle. Pedestrians have the right of way under most conditions. Kansas law states that both the driver and the pedestrian have a responsibility to be cautious around each other, however.

Pedestrian’s have the the right of way while:

• Walking in crosswalks
• Crossing the street with the walk signal
• While on sidewalks or walkways adjacent to the streets

Driver’s duties include:

• Keeping a proper lookout
• Maintaining control of the vehicle
• Traveling at an appropriate speed based on activity and hazards
• Stopping and yielding to pedestrians while making a right turn on a red light
• Using turn signals
• Paying attention to road conditions
• Yielding to pedestrians in crosswalks

When children are pedestrians, the motorist carries a greater responsibility for the safety of children. Children’s actions are unpredictable, making it more important for drivers to be more cautious around children.  Kansas comparative fault laws place a higher duty on adults as compared to children when a child is struck by a vehicle.

What Special Laws Apply To Pedestrians?

“The laws of Kansas provide that a pedestrian shall obey the instructions of any official traffic-control device or pedestrian control signals specifically applicable to him/her unless otherwise directed by a police officer.” Pattern Instruction of Kansas 121.37.  As soon as you step out of your vehicle, you become a pedestrian.  As a pedestrian you are subject to pedestrian traffic laws and have the same responsibilities to obey traffic laws as do motorists.

There are some specific laws that are directed to pedestrians.  Pedestrians’ right of way depends on the circumstances.  When at a crosswalk without signals, the driver of a vehicle shall yield the right of way, slowing down or stopping to yield to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is raveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.  If a vehicle is stopped at a crosswalk for a pedestrian, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.  When there are pedestrian control signals, pedestrians have the right of way over vehicles when the pedestrian has a flashing or steady walk or walking person sign.  When there are traffic control lights, pedestrians facing any green signal may proceed across the roadway within any marked or unmarked crosswalk, unless the sole green signal is a turn arrow.  However, “The laws of Kansas provide that no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard.”  Pattern Instructions of Kansas 121.38.

The Kansas Driver’s Handbook describes situations involving pedestrians wherein drivers of vehicles need to be careful.  Examples include:

1. You must yield to pedestrians always.  Even if they are not in a crosswalk and crossing the street where they should not be(also known as jaywalking), you must stop for them.
2. You must always yield the right-of-way to persons who are visually impaired.  When a pedestrian is crossing a street guided by a dog or carrying a white cane, you must come to a complete stop.
3. Even when you are facing a green light, you must yield the right-of-way to all pedestrians in the intersection.  You can oly assume right-of-way when your intended path is clear.
4. When preparing to make a left turn or U-turn, check for pedestrians in your path even if you have a green arrow.
5. As you prepare for a right turn, especially on a red traffic signal, be cautious of pedestrians approaching on your right.
6. When approaching a stopped vehicle from behind, slow down and do not pass until you are sure that there are no pedestrians crossing in front of it. This is true even on multi-lane roads.
7. Always check for pedestrians in your path before backing, especially in shopping centers or places where there are many pedestrians.
8. Be careful in school, playground, and residential areas where children could run out from between parked vehicles. It is a good idea to drive slower than the speed limit in these areas and be prepared to stop quickly.
9. In a school zone when lights are flashing or children are present, you must obey a slower speed limit.  At a school crossing where there is traffic patrol, stop and yield if you are signaled to do so.

What Should I Do If I’M Hurt in a Pedestrian Accident?

After the wreck, be sure to call the police to have them investigate the collision.  If hurt, it is recommended to have an ambulance come evaluate whether you need to go to the emergency room.  If not sure about the extent of your injury, it is better to at least get checked out at the hospital. Make sure the investigating officer provides you with the Wichita Police Department Accident Information Exchange Form with the other driver’s information and insurance information.

If you’re able, you can help document your case by taking pictures of the accident scene, any visible signs of injury, and gathering witness information. You should also exchange contact information with the driver who hit you.

If you have any symptoms, get medical attention as soon as possible. Some injuries surface later, especially whiplash, soft tissue injuries, concussions, and internal injuries. A thorough medical evaluation may reveal an injury that is not apparent and a doctor can begin treatment to prevent the injury from worsening. A prompt diagnosis helps prove the relationship between your injury and your pedestrian accident.

Even if your vehicle was not involved, you should notify your auto insurer of your injuries. Under the Kansas no fault laws, you will be eligible to get Personal Injury Protection benefits from your own insurer, which will help pay your initial medical bills and wage loss.  If you don’t own a vehicle, these benefits will be provided by the insurer of the vehicle that hit you. Don’t provide the insurer with a recorded statement unless your attorney prepares you prior to starting the recording. Don’t admit fault or make statements that could be interpreted as admitting fault. Speak to an experienced Wichita pedestrian accident injury lawyer at PISTOTNIK LAW as soon as possible. We will offer free advice to let you know rights and let you know what steps to take next.

What Is My Case Worth If I Was Hit By a Vehicle?

Determining a settlement for a pedestrian versus car wreck can be difficult. There is no mathematical equation or formula (especially for determining damages like pain and suffering) and determining the value of your claim requires the help of an experienced injury attorney. However, the severity of your injuries, the amount of your medical bills and wage loss, and the circumstances surrounding your pedestrian accident will partially determine your settlement.  If you need future medical treatment or if you have ongoing wage loss, that also comes into play.

The injury attorneys at PISTOTNIK LAW will calculate the total damages you have suffered and we will demand fair compensation. This calculation also will factor in damages such as pain and suffering, mental anguish, disability, disfigurement, loss of time, inconvenience, loss of enjoyment of life, and loss of consortium for your spouse.

When Can I Get a Settlement for My Pedestrian Accident Claim?

The amount of time to conclude your pedestrian accident claim varies from case to case. There are many factors, some of which include how long you treat, how long it takes to gather your medical records and bills, and how much insurance is available through the other driver’s insurer as well as your own.  It often depends on the severity of your injuries, the speed of insurance adjusters involved, the negotiation process, and whether liability is uncontested.

Settlements often aren’t finalized until injured pedestrians complete medical treatment. As your medical bills and wage loss continue to get higher, so does the value of your case.  You wouldn’t want to settle before you know how much your damages are.

I Was Hit By a Car. Do I Need a Lawyer?

You need to know your rights. Some insurance companies talk to you soon after the wreck and make quick low settlement offers.  Be careful, if you accept a low amount with the insurance adjuster, the laws in Kansas provide that a verbal agreement to settle is binding. Our injury attorneys at PISTOTNIK LAW offer to review the details of your accident and go over your legal options for free. We will answer all of your questions and make sure you are fully informed of your legal options.  There are statistics from insurance companies that they have to pay as much as three times more on average for a claim when an injury attorney is involved.

We have handled many pedestrian versus car wrecks that have injured pedestrians and we know what needs to be done to prove both aspects of your case—fault of the driver and maximizing the value of your damages.

Recovering compensation can be difficult.  Insurance companies spend a lot of money training their adjusters on how to try to pay as little as possible and on things to look for in each case to try and minimize your claims.

Our injury attorneys know the tactics that insurance companies use. We fight back. Our injury attorneys know how to handle your pedestrian versus vehicle accident to prove fault on the driver and to prove your damages. We work hard gathering the evidence needed to convince the insurance adjuster of the real value of your case.

We build strong cases that insurance adjusters must acknowledge.We are not interested in making quick deals and instead will fight for you to get maximum compensation.

When Should I Hire an Attorney?

You should get legal advice as soon as possible following your wreck.  We offer a free consultation and it is no obligation.  We give free advice.  We help you get quality medical care.   We handle all of the annoying calls, texts and emails with the multiple insurance adjusters who are working to minimize the value of your case.

When you hire us, there are no upfront fees or other charges you need to pay. We work on a contingency fee basis. We pay all the costs that are involved in proving your case. You owe us nothing unless we get you a settlement that you approve. If you don’t win, we don’t get paid.

If you were injured in a pedestrian versus vehicle accident in Wichita or Kansas, you need an experienced injury attorney with experience that gets results. Contact the bike wreck injury attorneys at PISTOTNIK LAW to schedule a free consultation. If you can’t make it to our office, we can meet at your home, hospital room or other location that is more convenient for you.  If you want to do it by phone, we can do that to.  We work to make it easy for you.

Serious car accidents in Kansas often result in serious injuries. After your car wreck, it’s important to get quality medical care for your car accident injuries. Restoring your health and physical and mental condition is the main goal of recovering from your injury.   That allows you to get your life back to what it was before the wreck.

We are here to help. Our experienced Wichita auto accident injury lawyers at PISTOTNIK LAW will help you every step of the way. Our attorneys have more than 37 years of experience in Kansas working with people injured in auto accidents. We will assist you in getting quality medical care to get you back on your feet.

Why Should I See a Doctor After My Car Accident?

For your case, you need to know that insurance companies eventually try to figure out the nature and extent of your injuries in order to value your case.  The way they do that is to review your medical records.  They are looking to see what you told the doctor/clinic about how you hurt and what parts of the body were injured.  They are looking to see what was wrong during the examination and what the doctor diagnosed for your injuries.  They are looking at how long your treatment lasted and what was done to treat you. Typically, the more treatment you receive and the longer your treatment lasts, the better the value of your case.  In addition to case value, there are other important reasons to seek treatment for your auto accident injuries, including:

• Your health could be at risk.
• The sooner you get medical care, the more likely your medical condition will improve.
• Failing to get treatment could cause your condition to get worse, possibly where later treatment won’t work.

If there is no documentation of you receiving medical treatment after your car accident, the at-fault driver’s insurance company may try to claim that you were never actually hurt in your crash. That way, they’ll have an excuse for not compensating you for your car accident.  If your case has to go to trial, it is difficult to argue that you were injured when you didn’t even bother to get to a doctor to get the problem checked out.  Not getting treatment makes it appear your injuries were minimal.

Who Will Pay for My Medical Care for My Auto Accident Injury?

Medical care for car accident injuries can be expensive, especially if you need surgery or emergency medical care after your crash. Quickly, your medical expenses could add up to thousands of dollars or even more. That’s why it’s important that you get fairly compensated for your medical expenses after your accident.

In Kansas, your medical bills are submitted to be paid to the insurer who provides Personal Injury Protection (PIP) benefits under the Kansas no fault laws first.  If you own a vehicle, this is normally your own auto insurer, even if your vehicle was not involved in the wreck. If you don’t own a vehicle, the next insurer responsible would be the insurer of the vehicle you were in.  If that vehicle is uninsured, you can get benefits from any insurer who insures any vehicle in your household as long as that vehicle is owned by a relative.  Finally, if none of the above work, you can seek benefits through a State fund known as the Kansas Automobile Assigned Claims Plan. Unfortunately, the PIP benefits could have low coverage limits.  Under Kansas law, they are required to have at least $4500 of coverage for medical expenses.  If the PIP insurer pays out their maximum and exhausts coverage, then you submit the medical bills to your health insurers.  You are still allowed to make a claim for medical bills in your case from others:

• The negligent driver and their insurer
• Your own insurance company if an uninsured driver caused your crash
• Your own insurance company if you’re hurt in a hit-and-run accident
• A car manufacturer if a vehicle defect caused your car accident

Our law firm does everything possible to help you get the compensation you deserve. You can count on us to do everything possible to help maximize your settlement.

What Should I Do If I Have Trouble Getting My Car Accident Medical Bills Paid?

Car accident injury victims have a tough time getting the money they deserve for their medical expenses. That’s because the at-fault driver’s insurance company (which is usually responsible for compensating the injured motorist) often does everything they can to reduce or deny car accident claims, including the amount of the medical bills.  They often review bills to make sure the healthcare provider has billed the correct amount based on “reasonable and customary billing standards”.  This means you may get a medical bill for $1000, but the insurance company says the bill should have been $500, and when they value your claim, they only factor in the $500.  Our injury attorneys can help, but a lawsuit may be needed.  Our attorneys will help you figure out the bills and determine how to get the bills taken care of.

What should you do if your car accident claim has been denied or undervalued? We strongly advise you to take the following steps:

• Do not contact the insurance company or whoever denied or undervalued your auto accident injury claim. Instead, we will deal with them for you.
• Do not respond to any phone calls, emails, or letters from the at-fault driver’s insurance company.
• Contact our law firm as soon as possible to learn more about your legal options.

Insurance adjusters are trained in multiple ways on how to limit case values when dealing with injury victims after a car accident. They often think they can find a way to not pay them the money they need for their accident-related medical expenses.

We know how to handle insurance companies and negotiate with them. If they refuse to cooperate, we will not hesitate to file a car accident lawsuit on your behalf.

Demand Justice After Your Car Accident Injury. Contact Our Wichita Law Firm.

You have enough to worry about after your car accident. Focus on getting better. We can take care of everything else. Make the right call. Contact our law firm and schedule your free case evaluation with a Wichita car accident injury attorney who puts your needs first. Contact Pistotnik law. We’ll handle everything for you.

1. Kansas Right-of-Way Laws (8-1533 and 8-1534)

Understanding Pedestrian’s Crosswalk Rights

One of Kansas’s fundamental laws protecting pedestrians involves right-of-way rules at crosswalks. According to Kansas Statutes 8-1533 and 8-1534, drivers must yield to pedestrians crossing the street within any marked or unmarked crosswalk at intersections. 

This law protects pedestrians’ safety by prioritizing their movement over vehicles. However, pedestrians must also exercise caution and not suddenly step into the path of a car when it is too close to stop safely.

Crossing Outside Crosswalks

When pedestrians cross outside crosswalks, they must yield the right-of-way to all vehicles on the roadway. This means that if you cross the street at any point other than a designated crosswalk, you must ensure that it is safe and that no vehicles are approaching that would pose an immediate hazard.

2. Driver’s Duty of Care (8-1535)

Drivers’ Responsibilities

Kansas law mandates that all drivers exercise due care to avoid collisions with pedestrians. Statute 8-1535 explicitly requires drivers to take necessary precautions when they see a pedestrian, which includes slowing down, stopping, or taking evasive actions to prevent an accident. This duty of care is particularly emphasized when drivers encounter children, elderly individuals, or visually impaired individuals.  Drivers also have to keep a proper lookout for pedestrians. 

Importance in Legal Claims

The duty of care is critical in legal claims involving pedestrian accidents. When a driver fails to exercise this duty and causes an accident, they can be held liable for the pedestrian’s injuries and other damages. If you have been injured as a pedestrian, documenting the circumstances of the accident and gathering evidence to show that the driver did not uphold their duty of care can significantly strengthen your case.

3. Kansas Comparative Fault Rule

Kansas operates under a comparative fault rule, which can significantly impact the outcome of your pedestrian accident claim. According to this rule, your compensation can be reduced based on the percentage of fault attributed to you.

Can Pedestrians Be Held At Fault?

If you are found to be 50% or more at fault for the accident, you will not recover any compensation for your injuries. Factors like jaywalking or crossing against a traffic signal can contribute to your fault percentage.  If you are 49% or less at fault, you are allowed to recover for your damages, but your damages get reduced by your percentage of fault.

Importance of Evidence

Given the comparative fault rule, gathering evidence to demonstrate the driver’s negligence is crucial. Evidence such as eyewitness statements, traffic camera footage, and police reports can help establish the driver’s liability and maximize your compensation.

Do Personal Injury Protection (PIP) Support Pedestrians?

What Are PIP Benefits?

In Kansas, Personal Injury Protection (PIP) benefits are crucial to auto insurance policies. These benefits cover medical expenses, lost wages, and other economic losses from an accident, regardless of who was at fault. PIP benefits can be a lifeline for pedestrians involved in accidents, helping cover immediate medical costs and providing financial relief during recovery.

How to Access PIP Benefits

If you have been hit by a vehicle while walking, you may be eligible for PIP benefits through your auto insurance policy. The at-fault driver’s insurance policy generally covers these benefits if you don’t own a car. Our pedestrian accident lawyers in Wichita can help you navigate the complexities of filing a PIP claim to help ensure you receive the compensation you deserve.

Ready to Take Action? Call Us 

Understanding these essential laws can empower you to take the necessary steps following a pedestrian accident. If you or a loved one has been injured, it’s essential to consult with pedestrian accident lawyers in Wichita. At Brian & Brian Pistotnik Law, we are dedicated to helping you secure the compensation you need to recover and move forward.

Be aware that there are pedestrian versus car wrecks where it appears the pedestrian was clearly in the wrong.  Despite this, we have handled many of these cases where we have successfully been able to recover from the driver’s insurance company under their liability coverage.  Talk to us to learn more!

For a free consultation, contact us today at 316-800-8000 or contact us online. Don’t face this challenging time alone — our compassionate team is here to support you every step of the way. Take control of your recovery and protect your rights with Brian & Brian Pistotnik Law.

The Importance of Transparency with Your Auto Wreck Attorney

Your relationship with your attorney is grounded in trust. Transparency is pivotal in the attorney-client relationship, particularly in situations as sensitive as auto accidents. With accurate information, your lawyer can fight effectively for your rights, ensuring that every aspect of your case is carefully considered. This adherence to truth allows for a thorough investigation, proper assessment of damages, and an accurate representation of facts in court.

However, the temptation to embellish details or omit crucial information can sometimes appear. Victims might fear the impact of certain truths on their cases or hope to increase their compensation through strategic omissions. Yet, the consequences of dishonesty can severely undermine your case and your relationship with your legal counsel.

Why You Shouldn’t Lie to Your Auto Wreck Attorney Regarding Your Wichita Car Accident

1. Compromises Your Credibility: In legal proceedings, credibility is everything. If it’s discovered that you’ve lied about any aspect of the auto accident, it casts doubt on all your statements, diminishing your chances for a favorable outcome.

2. Jeopardizes Case Integrity: Auto wreck cases hinge on accurately depicting events. Misrepresentations can lead to strategies that may not be in your best interest, potentially harming your case.

3. Legal Ramifications: Depending on the nature of the lie, there could be legal consequences beyond losing the auto wreck case — these range from perjury charges to fraud claims.

Building a Strong Case With Honesty

At Brian & Brian Pistotnik Law, we’re dedicated to advocating for you with the total weight of our knowledge and resources. Our background in handling many practice areas, from car accidents to worker’s injury cases, uniquely positions us to support and help guide you through this challenging time. We encourage our clients to share all relevant information, ensuring we can build the strongest case possible on your behalf.

The path to justice begins with trust and honesty. By entrusting us with an accurate account of your experience, you enable us to help protect your interests and strive for the compensation you deserve. In return, we can stand by you at every step, offering compassionate, supportive, and skilled legal representation for your well-being and success.

Schedule a Free Consultation With Our Auto Wreck Attorney Team in Wichita 

If you or someone close to you has been involved in an auto wreck in the Wichita area, it’s crucial not to delay seeking legal representation. Brian & Brian at Pistotnik Law are here to support you through these challenging times. With years of experience and a deep commitment to our clients, we’re well-equipped to handle your case with the utmost professionalism and care. 

Don’t hesitate to contact us directly at (316) 800-8000 or message us online for more information. By working together, we can navigate the complexities of your case with integrity, resilience, and a shared goal of getting you the justice you deserve. 

How Attorneys Prove Texting While Driving Cases

Personal injury attorneys have ways to prove a driver was distracted and at fault for the cause of a collision resulting from a driver’s inadvertence to paying attention to the road. It is relatively easy to get cited for texting while driving law. If a police officer thinks you are violating this law, they can pull you over and cite you for the violation. Texting while driving is a primary law, meaning police have the right to pull you over even if you are abiding by the other rules of the road. If authorities are not present to prove a driver was texting and driving, how else can a personal injury attorney validate your case?

Access Phone Records

Another way to prove that someone was texting while driving is to obtain records from the user’s phone company. Getting access to these records will allow one to see if that person was receiving, sending, or using the phone when an accident occurred. All it takes is a subpoena from the wireless phone provider to assess when text messages were read and sent and to see if there is an overlap with the time of the accident. Traffic cameras may also be able to capture the moment someone was distracted from looking at their cell phone and thus caused an accident.

Gather Eyewitness Testimonials

Yet another way to prove a driver caused a collision by texting and driving is to provide witnesses that knew the driver was not paying attention to the cars in front of them on the road. If a witness (whether in the car or not) saw the other driver texting or using their cell phone at the time of the accident, your attorney will use those statements as part of your case or as a way to obtain cell phone records for the other driver. While witnesses can be unreliable, a witness that did see the other driver texting is still a valuable piece of evidence in your case. The easiest way to prove someone was texting while driving is to have them admit they were texting while driving. Testimonies given to police officers who respond to the scene of an accident provide valuable information in proving a driver was distracted by looking at their phone.

Texting and Driving Laws

According to the National Conference of State Legislatures (NCSL), no state bans all cell phone use for all drivers. However, 36 states and Washington D.C. prohibit any cell phone use behind the wheel by novice drivers, and 18 states and D.C. ban cell phone use for school bus drivers. By having rules in place, law enforcement hopes to prevent accidents and fatalities from happening because of other people’s carelessness. In an attempt to discourage distracted driving, all of the 50 states have put into effect rules to deter this kind of behavior. Texting while driving is considered one of the most dangerous forms of distracted driving that can be easily prevented. It is important to remember that even if states do not have laws directly related to distracted driving, the act leads to driving behavior that is illegal, such as reckless driving and other traffic violations.

Texting While Driving Law in Kansas

In Kansas, texting while driving is illegal for drivers of all ages and regardless of the type of license they hold. This is a primary law meaning that all drivers are prohibited from sending, receiving, or typing text messages while driving. The law also applies to text that converts into an email or instant messaging software. Texting and driving is considered a primary offense, so if a police officer sees or even thinks you are texting on your phone, they have the right to pull you over for the violation. Violating the law will result in a ticket from the responding police officer. However, Kansas texting prohibition laws do not apply in certain situations. The 2014 Statute KSA 8-15,111 states the following are exceptions to the law:

1. A law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer’s or emergency service personnel’s employment;
2. a motor vehicle stopped off the regular traveled portion of the roadway;
3. a person who reads, selects or enters a telephone number or name in a wireless communications device for the purpose of making or receiving a phone call;
4. a person who receives an emergency, traffic or weather alert message; or
5. a person receiving a message related to the operation or navigation of the motor vehicle.

Novice drivers are still not allowed to talk on a cell phone while driving. Motorists who are novice drivers are barred from using their wireless devices on the road for any purpose whatsoever. However, it is legal for all drivers, regardless of age, to report illegal activity or summon medical emergency services. Kansas texting while driving laws also allow for a multitude of exceptions. For example, the texting while driving ban does not apply when you have technology that operates the cellular device without the use of your hands.

Generally, a texting violation carries a $60 fine. However, court costs can increase the amount that a driver may have to pay. In other instances, when your distracted driving leads to a car collision, you will probably be found liable to pay for the other driver’s property damage, personal injuries stemming from the accident, and in worst-case scenarios vehicular homicide when a collision results in the death of another driver.

Texting While Driving Injury Cases

Distracted driving is defined in Kansas as “engaging in any activity while driving that shifts the attention from the primary task of operating the motor vehicle.” One of the most obvious forms of distracted driving is texting while driving. Texting while driving is accountable for a majority of the distracted driving accidents and collisions that occur all too frequently in Kansas.

Drivers who decide to text and drive not only put their lives in danger but also the lives of other drivers on the road. To combat foreseeable consequences, the state of Kansas has made it a violation of the law to text and drive. Furthermore, you can be ticketed for texting and driving even when no other traffic infraction has occurred. The law applies to all operators of vehicles in Kansas regardless of the skill of driving. For younger novice drivers, all usage of cellular devices behind the wheel is prohibited. With the rise of the newest forms of technology, more cases involving injuries sustained when someone has been texting and driving are appearing more frequently.

A local injury case shows the tragic consequences that stem when someone drives distracted created by the use of their cell phone. In Kansas in 2012, prosecutors charged a 16-year-old girl with texting while driving and causing a traffic crash that killed a 72-year-old woman. Prosecutors were able to obtain the 16-year-old’s cell phone records to establish that she had been texting and driving which caused her to be distracted and lose control of her vehicle. The results were catastrophic and resulted in the loss of another driver’s life. Prosecutors added a charge of second-degree involuntary manslaughter to the 16-year-olds infractions. At trial, the judge said the 16-year-old was criminally negligent for her failure to put total concentration to the task of driving at hand. The 16-year-old put the lives of others on the road at danger and was reckless, irresponsible, and criminal.

Finding a Lawyer for Your Texting While Driving Case

If you have been injured by a driver who was texting while driving, an accident lawyer at Brian & Brian at Pistotnik Law may be able to help. Our attorneys can subpoena phone records to determine whether a driver was texting or talking at the time of the crash. Establishing that the other driver was driving negligently lets you pursue fair compensation in a legal claim or car insurance claim. By doing this, you can ensure that the other driver is held responsible for their reckless behavior.

Brian & Brian at Pistotnik Law attorneys are very skilled in this area of work and will fight to get you what you deserve. Our attorneys will evaluate all the evidence to protect your legal rights. Our firm believes that those injured in a car accident in which they were not at fault should be compensated to the full extent possible. We work hard to determine all of your losses that can be attributed to the car wreck, and we will not advise accepting a settlement that does not adequately compensate for such losses. Our attorneys will take a car accident case to trial if settlement negotiations are not fair. Contact us today by calling 316-689-8035 or send us a message to learn more.

The attorneys at Brian & Brian Pistotnik Law Offices can help you pursue justice through the legal process. And with their experience in similar cases, they can help you avoid potential roadblocks that can make reaching a settlement difficult. Learn more about what a car wreck lawyer can do for you.

Is There a Set Timeline for Receiving a Settlement?

Unfortunately, there is no steadfast answer to determine when a settlement may be reached. Many factors may affect a claim and extend the time it takes to reach an agreement. However, one timeframe is effectively set in stone: Kansas residents have up to two years to submit a claim. 

If your claim is denied, you may need to pursue legal action, which can increase the time it takes to reach a resolution. And if your case goes to court, it can take several months or even years to resolve. However, many car wreck claims in Kansas are settled out of court through negotiations between the parties involved. This process can often take between a few weeks to a few months, depending on the unique details of your case.

What Contributes to the Timeline?

The time it takes to settle a car wreck claim with a lawyer in Wichita will depend on the specific circumstances of the case. However, these factors can extend the time it takes to settle a claim:

• It can take longer to reach a resolution if the case involves multiple vehicles, disputed liability, or complex medical issues.
• If the car wreck resulted in serious injuries or extensive property damage, it could take longer to negotiate a fair settlement that adequately compensates the victim.
• Insurance companies may delay processing claims or offer low settlement amounts, which can prolong the claims process.
• If there is a dispute over the facts of the case, an investigation may be necessary to determine liability and damages.
• Negotiating a fair settlement between the parties involved takes time, especially if there are disagreements over the claim’s value.
• If the insurance company denies the claim or fails to offer a fair settlement, you may need to pursue legal action, which can further prolong the process.

Don’t face these complications alone. Instead, work with a car wreck lawyer in Wichita who can handle the claims process and advocate for your rights. 

How a Car Wreck Lawyer Can Keep Your Claim On Track

An experienced lawyer can provide invaluable assistance and fight for the compensation you deserve. And, they can provide the legal knowledge to help navigate the complex legal system and protect your rights. They should thoroughly understand the legal process and be able to help you understand your legal options and the potential outcomes of your case.

After a crash caused by someone else’s negligence, a car wreck lawyer in Wichita can help investigate the collision and gather evidence to support your claim. Their aid can include interviewing witnesses, obtaining police reports, and reviewing medical records. Using this evidence, ​​your lawyer can help determine the true value of your case. This amount reflects medical bills, lost wages, and pain and suffering. 

After determining an appropriate amount, your attorney can negotiate with insurance companies and other parties on your behalf. With their help, they can increase your chances of reaching fair compensation for your injuries and damages. By partnering with a skilled attorney, you can focus on your recovery and leave the legal work to the professionals.

Choose an Experienced Car Wreck Lawyer in Wichita to Help Settle Your Claim

Do you need the support of an experienced legal team? Contact Brian & Brian Pistotnik Law Offices today. We’ll review the details of your case and help you determine the appropriate course of action to take.

Call 316-800-8000 with any questions, or send us a message to schedule a free consultation. This initial evaluation is free of charge. And if you choose to partner with our firm, you won’t pay unless or until we reach a successful settlement. Choose a trusted Kansas law office with over 50 years of combined experience to handle your car wreck claim!

Whether you have experienced a fender bender with minimal injuries or a catastrophic car accident, the results of a crash can leave you confused and vulnerable. Let a car accident attorney help provide clarity during the chaos. Brian & Brian Pistotnik Law Offices has over 50 combined years of experience in personal injury law. Partner with a firm that understands the complexities of filing and defending your claim! Together, we can help to maximize your claim as much as possible. Here are five reasons to contact a car accident lawyer near Derby as soon as possible after your accident.

1. You Don’t Know Where to Start

If you are not well-versed in personal injury law, it’s understandable to not know which steps to take after a car crash. From what information and evidence you need to gather to how to file your claim, the many details can feel overwhelming. Consult with a skilled car accident lawyer near Derby to learn what you need, when to file, and how to maximize your personal injury claim!

2. Time Is Ticking

As soon as a car crash occurs, the countdown to file your claim begins. The Kansas statute of limitations allows up to two years for you to pursue a claim for your personal injury. When time is against you, let a knowledgeable attorney help speed up the process. Otherwise, you may decrease the amount of your settlement.

3. Laws & Insurance Agencies Don’t Make the Process Easy

Do you know the Wichita state laws regarding car accident claims? Without the full picture of the legalities surrounding your car crash, you may put your compensation at risk. But with the help of a car accident lawyer near Derby, you can trust that you have the right knowledge to help maximize your claim. 

4. Compiling Evidence? Your Lawyer Can Help

When it comes to gathering evidence, there are many pieces of information that can help support your claim. Contact information, medical reports, crash reports, and photos of the damages and injuries can all help build a solid defense. But how do you focus on putting this information together when you are processing the aftermath of an accident and recovering from your injuries? Let your attorney help remove some of these challenges from your plate so that you can focus on your healing.

5. Your Attorney Can Make Filing Easier

When it comes to both filing your personal injury claim and preparing for court, it is important to make sure that processes are completed properly. Your car accident lawyer near Derby can handle these details! Not only can your attorney guide you on the correct steps for filing your claim, but they can also represent you in court if a trial is necessary.

Contact a Car Accident Lawyer Near Derby Today

If you are fighting for fair compensation after a car crash, reach out to the professionals who know how to help. At Brian & Brian Pistotnik Law Offices, our attorneys passionately pursue your case while also extending the highest level of support as your recover. Rather than facing legal action alone, schedule a free consultation to go over the details of your personal injury. You can also give us a call at 316-689-8035 to speak with us directly. We look forward to hearing from you and helping you recover the compensation you deserve.

We Defend Your Accident, No Matter the Size

From fender benders to catastrophic car accidents, you deserve to work with a lawyer who passionately defends your claim, no matter how big or small. Even small accidents can cause bigger issues than what shows on the surface. These can still result in physical, emotional, and financial stress, including costly vehicle repairs and medical bills.

If you choose to sue for your car accident, you may face a difficult legal battle since Kansas is a No Fault state. To be eligible for a lawsuit, you must have experienced at least one of the following criteria:

• Over $2,000 in medical expenses.
• Permanent disfigurement, loss of limbs or organs, or loss of function.
• A broken or fractured bone.
• Death.

Under Article 31 of the Kansas Automobile Injury Reparations Act, victims of a car accident are owed disability, funeral, medical, and rehabilitation benefits or survivor’s benefits for the spouse or adult children of the deceased. We understand that this can be overwhelming, especially in a time of need. The Pistotnik Law Offices is your source for an experienced car accident attorney in Wichita. If you have been injured in a car accident or suffered financial loss from damages, reach out to an attorney that is dedicated to your success. 

Negotiation and Communication is What We Do Best

Navigating the complexities of a car accident claim and personal injury law is not a simple process. And unfortunately, even seemingly inconsequential comments can be used against you. Your car accident attorney understands what can help or hinder your case. Rather than facing insurance companies or court officials alone, let us take them on instead and help you avoid damaging your case. From guiding your statements to handling communication directly, we’ll help prevent your responses from being taken out of context.

In addition to spearheading communication with the at-fault party’s insurance company, we will also skillfully handle the negotiation for your claim. Without knowledge of the laws, or due to the pressure of insurance companies, you may be influenced to accept a much lower claim. Don’t settle for less compensation than you deserve. Let our lawyers support your case and fight for the maximum settlement.

We Don’t Let Others Diminish Your Claim’s Value

Not only can an insurance company diminish the worth of your settlement, but you may be unaware of what damages you are owed, to begin with. Many factors make up the value of your car accident claim. This includes property damage, your personal injuries, and benefits covered under Kansas No Fault laws. An experienced car accident attorney from our Wichita law firm knows how to properly value your accident. We take the medical care you received, the lasting effects of your accident, and any emotional distress into account. With our legal representation, we won’t accept a settlement that fails to cover your full range of losses.

Work With a Passionate Car Accident Attorney in Wichita

Partner with a lawyer you can trust with the details of your claim. Reach out to a car accident attorney from the Pistotnik Law Offices in Wichita. Your first consultation with us is free, confidential, and without obligation. Talk with us about your accident to see how we can help you get the most out of your settlement. Call us at (316) 800-8000, or send us a message with your questions. Finding justice for your accident is our priority, and we look forward to helping you reach the settlement you deserve.

An Attorney Knows Your Rights

Do you know that there is a time limit for filing your car accident claim? If you wait longer than your allotted two years to file your claim, your case will be thrown out. But without a full understanding of your rights and your statute of limitations, it can be easy to make mistakes or miss timeframes that can damage your claim. The right experienced car accident lawyer in Wichita is well-versed in the procedures you should follow to recover the compensation you deserve. Just make sure to contact us as soon as possible after your claim to not waste any valuable time!

A Car Accident Lawyer in Wichita Can Determine the Worth of Your Claim

After a car accident, the responsible party’s insurance company may try to quickly settle your case. This may result in a low payout, or the insurance company may attempt to invalidate your claim. Our car accident lawyers at the Pistotnik Law Offices in Wichita can help you know exactly what you are owed in compensation. Not only do you deserve to recover lost funds on repairs, but your settlement should also cover medical bills, lost wages, and emotional stress. Let us help you maximize your claim and keep you from being taken advantage of!

Your Attorney Can Help You Avoid Self-Incrimination

Even if you are not at fault for the collision, what you say can be used against you in a claim. Giving a statement or signing papers without legal advice can result in a much lower settlement than you are owed. Before talking to the insurance company, speak with a legal professional.

What you don’t say or do can also hurt your claims process. If you fail to contact the police following your accident, don’t gather eyewitness contact information, or don’t seek medical attention, this can lead the insurance company to question your validity. Without the right evidence and records, the opposing party can find holes in your claim. Let an experienced car accident lawyer from our firm in Wichita gather the evidence you need and guide you on what might hurt your case.

Hire a Car Accident Lawyer in Wichita Today

You deserve fair compensation for your losses after a car accident. And with the help of our expert car accident lawyers in Wichita, you can recover what you deserve. Brian & Brian Pistotnik Law Offices has over 50 years of combined experience in personal injury law. Let us confidently and passionately tackle your car accident claim. We would love to speak with you in a free consultation to learn more about the details of your case. Call us at (316) 800-8000, or send us a message to begin. Our attorneys are prepared to help you understand your rights and alleviate your stress after the accident!

1. Your Lawyer Can Assess Damages Seen and Unseen

While pursuing an auto accident claim can cover the damages to your vehicle, your compensation should cover more than just the cosmetic. You may suffer from physical injuries following your collision and have large medical bills. But aside from visible issues, you may also deserve payment for non-physical damage. An injury can cost you time off work, leading to lost wages. Or, you may have emotional distress following a harrowing car crash. After a car accident, an auto accident lawyer can help to ensure that all forms of damage, including the emotional, are compensated for.

2. A Car Accident Attorney Can Help You Handle Insurance Companies

After your accident, you must immediately file your claim with your insurance company. But if you decide to go up against your insurance company alone, they may back you into a much lower settlement than you deserve. Unfortunately, your just compensation is not the insurance company’s priority. In actuality, they are more concerned with their profit. With legal support from a car accident lawyer in Wichita, you can improve your chances of getting the appropriate amount of compensation for your claim.

3. Your Attorney Can Ensure Your Claim Is Filed Properly

Filing your claim can come with many complicated facets. This includes gathering evidence, understanding whether or not you can be held liable for damage, and ensuring that all documentation is filed correctly. This is why you should contact a car accident lawyer in Wichita as soon as possible following your collision. Your experienced attorney can help you to gather evidence, determine if you can be held at fault for the accident, and make sure that all information is in place to build a valid claim. At Brian & Brian Pistotnik Law Offices, we’ll take care of the details while you focus on recovering from your injuries.

4. Your Lawyer Can Help You Understand Your Settlement Options

A car collision case does not often require a court settlement. Instead, the insurance company or the negligent party will offer compensation for your losses. But as we stated earlier, insurance companies do not regularly have the victim’s best interest in mind. This may mean that the settlement offered is much lower than what you deserve for your physical and emotional distress. Don’t accept less than you should. Let your car accident lawyer study the details of your case and determine the proper compensation for your losses. They can help you to understand your options and fight for a fair settlement.

5. A Car Accident Lawyer in Wichita Can Represent You in Court

Should your case go to court, you face a costly, exhausting battle. An experienced car accident lawyer will know how to handle the stress of a Wichita court setting and be ready to go up against the insurance company or guilty party. Rather than juggling documentation in a high-tension setting, your attorney can present your evidence and claim on your behalf. This will strengthen your possibility of receiving justice for your case.

Contact a Professional Car Accident Lawyer in Wichita Today

Don’t wait to pursue your claim! Give Brian & Brian Pistotnik Law Offices a call today at 316-689-8035. Or, send us a message through our website. Let us know the details of your case. We offer free consultations, and you are under no obligation to work with our law offices. But, we want you to know that your care and well-being are our top priority. If you are searching for an experienced car accident attorney who is ready to fight for what you deserve, get in touch with us today.

Kansas No-Fault Laws in Detail

No-fault laws are fairly straightforward. When you are in a collision, whether you are the driver, passenger, or a pedestrian—Kansas no-fault laws mandate that your own insurance company has to pay certain benefits upfront. These benefits are known as personal injury protection (PIP) benefits. These laws help injured victims get some of their medical bills paid soon after their collision and provide wage loss payments before seeking a settlement from the person who was at fault. With these laws, those involved may bypass a lawsuit. But with the no-fault system, those without serious injury can’t recover their damages from the at-fault party, including pain, suffering, and other non-economic losses. 

A serious injury usually results in at least $2000 of medical bills. Other serious injuries include a fracture to a weight-bearing bone, permanent disfigurement, or any kind of permanent disability. Once you qualify for coverage with a serious injury, you “breach the threshold.” This means that you have a case where you can seek damages for pain, mental anguish, disability, disfigurement, inconvenience, loss of time, loss of enjoyment of life, and more.

Reimbursing Your Insurance Company

When you receive a settlement from the insurance company of the at-fault person after getting payments from your insurance company, you traditionally have to reimburse your insurance company for the settlement. The reason for reimbursement is simple. If you were allowed to collect medical bills, wage loss, and other PIP benefits from your own insurance company and then later you collect those same damages from the insurance company for the negligent person, you would be getting paid twice.

However, when the negligent party has insufficient insurance and you are not getting paid for duplicative damages, the insurance company providing PIP payments has to waive their claim to get repaid. And if there is a determination that you have a comparative fault and are partially negligent in causing the wreck, the insurance company providing PIP payments must reduce the amount they get reimbursed by whatever fault is attributed to you. The insurance company must also pay a proportionate share of attorney fees when they get their money back to save the injured victim from paying attorney fees on that part of the recovery.

Types of Personal Injury Protection Benefits

Usually, there are five types of PIP benefits available. Kansas requires that auto insurance policies include minimum coverage on these benefits, but you can purchase higher package options as well.

For medical bills related to the wreck, the minimum coverage from your insurance company is up to $4500 for your medical expenses. This includes reimbursing you for your prescription purchases related to the wreck.

For wage loss, the minimum is $900 per month for up to one year. Wage loss is reimbursed at 85% of the gross wage loss, and the insurance companies require two forms of documentation. 

• You have to get an off-work slip from your doctor confirming what time frame you are unable to work.
• You must also have written wage loss verification from your employer confirming your absence and rate of pay.

A less used PIP benefit is called substitution services, or essential services. If your injury prevents you from doing your chores at home and you pay someone else to do those chores, you can get reimbursed up to $25 a day for up to 365 days. You need documentation from your doctor that these services are necessary due to your injuries. And, the doctor’s note needs to specify what time frame you needed this assistance. You also need documentation of your payments to others, such as receipts for their work.

Finally, there is a PIP benefit called occupational rehabilitation which provides up to $4500 towards occupational therapy or psychiatric services aimed at restoring your ability to work following an injury. This does not include physical therapy which is billed under medical services.

For cases resulting in a loss of life, there are PIP benefits to assist with funeral expenses up to $2000 and survivors’ benefits to pay dependent heirs. This pays the wage loss of the deceased up to $900 per month for a year to the heirs.

Each of these no-fault benefits is available even if the collision is your fault. In these cases, you get PIP benefits but not a settlement from the other driver for damages like pain and suffering.

Work With an Attorney that Understands Kansas No-Fault Laws

You deserve the best defense, and Brian & Brian at Pistotnik Law are dedicated to delivering the highest standard of legal representation. Don’t wait to contact a personal injury lawyer after suffering a collision. Reach out to us as soon as possible to begin forming and strengthening your case and for more information regarding Kansas no-fault laws! We offer free, no-obligation consultations, and our services are satisfaction guaranteed. To begin, give us a call at 316-689-8035 or send us a message. Our lawyers will get in touch with you shortly to discuss the details of your collision and determine the right plan of action for your settlement.