Did You Get Rear-Ended in a Kansas Auto Accident? Fight Back with a Wichita Car Accident Injury Lawyer

Let Our Attorneys Fight For You!

The most common types of car accidents are rear-end collisions. At PISTOTNIK LAW, our Wichita car accident injury lawyers have successfully handled thousands of cases where our client was seriously injured in a rear-end crash caused by a someone else’s negligence.

If you’ve been injured in a rear-end crash, call us right away. Our attorneys can help get you maximum compensation for your injuries and damages. Contact us today for a free consultation.

The driver who hit you from behind is almost always responsible for your damages, although there are a few exceptions. These cases are normally straightforward, but insurance companies will try to minimize the severity of rear-end collisions and may question the extent of your injuries.

Our lawyers realize the impact a serious crash can have on your life. Don’t let the insurance company try to minimize your injuries. Make them start taking your rear-end collision seriously. Call our law firm right away.

What Should I Do After a Rear-End Car Wreck?

Always call 911 after a rear-end car accident, even if you think the crash is minor. If anyone needs emergency medical attention, ask for an ambulance. When police arrive, tell them what happened and be sure to let them know about any possible injury. The police report will be important evidence to document your case and your injury.

Get Information From Others Involved in Your Wreck

Get the name, address, phone number, driver’s license number, and insurance information of every driver involved in your rear-end crash. After you’ve exchanged information, note the year, make, model, license plate number, and VIN number of every car involved in the accident. The VIN can be found at the corner where the windshield meets the dashboard.

Record the Accident Scene

Use your cell phone to take photos and video, as long as safe to do so. Try recording from different angles and distances and make sure to document damage to every car involved in the accident. You’ll also want to record any tire marks, property damage, traffic signals or street signs that may be relevant to the accident.  It is recommended to photo the other driver’s driver’s license and insurance card, and even take photos of the driver.

Get the Contact Information of Any Witnesses

If anyone witnessed your car accident or witnessed statements from the other driver, get their name, and contact information. If cooperative, get a written statement because their statement can be shown to the insurance companies that will be investigating the wreck.

Write down all the details about your car accident, including the time and location of the accident, which way the cars were traveling when the crash happened, weather conditions, road hazards, and any other relevant information about the crash.

Most importantly, call Pistotnik law instead of providing statements to the insurance companies.  Remember they may try to twist your words or record you when you are not thinking about how those statements could be used against you.

Why Do Rear-End Wrecks Occur and What Laws Apply?

There are many causes of rear-end collisions and each one typically is a result of someone else’s negligence.  The most common cause is the driver behind you failed to keep a safe and appropriate distance between their vehicle and the vehicle they were following.  In jury trials, the judge will instruct the jury: “The laws of Kansas provide that the driver of a motor vehicle shall not follow another vehicle more closely than is reasonable, having due regard for the speed of such vehicle and the traffic upon and the condition of the highway.”  Pattern Instruction of Kansas 121.24. The Kansas drivers license manual discusses the “two second rule” for measuring a safe following distance under normal conditions:  “Watch the car ahead of you.  When it passes some reference point, such as a telephone pole, then count ‘one-thousand-one, on-thousand-two’.  If you pass the same spot before you are through counting, you are following too closely.”  This allows for a greater distance between vehicles when compared to the speed of travel.

Another common cause of rear-end collisions is the failure of the other driver to keep a proper lookout.  This too often occurs due to distracted driving. If you aren’t watching the road because you are on your cell phone, eating, messing with your radio, talking to passengers or children in your vehicle, etc., you are failing to keep a proper lookout.  Kansas law requires:  “A driver on a public highway must keep a proper lookout for other vehicles and objects in his/her line of vision that may affect his/her use of the highway.  A driver is presumed to see those things a person would and could see while exercising reasonable care under similar circumstances.”  Pattern Instruction of Kansas 121.03.  This simply means the driver who rear-ends you can’t just say they never saw you to avoid liability.  At night, a driver must drive within the range of vision under the duty to control their vehicle:  “A driver on a public highway must use reasonable care to keep the vehicle under control.  A driver must also drive within the range of his/her vision provided by the vehicle’s headlights in order to avoid colliding with any other vehicle using the highway.”  Pattern Instruction of Kansas 121.02.

What Are Some Rear-End Accident Injury Symptoms?

Depending on the severity of the accident, injuries suffered by crash victims can vary.  Sometimes injuries can be worsened by deployment of air bags.  The most common injuries sustained in rear-end car accidents include:

• Whiplash involving the neck and upper torso, and this can include shoulders
• Broken bones
• Internal injuries
• Brain Injury/Brain damage including concussions
• Spinal cord injury
• Middle and low back pain 

Kansas no fault laws require at least $2000 of medical bills to qualify as having a right to recover money for pain and suffering, unless there are fractured bones or permanency of injuries.  If you get rear-ended, seek medical attention ASAP. Seeing a doctor should be your top priority after being in a car accident, even if you aren’t sure how bad the injury may be. Requesting an ambulance for a possible significant injury helps document your claim.  An emergency room visit helps highlight the importance of how badly you are hurt.   When there is a gap in treatment from your wreck the insurance company likely will try to use that gap to lower the value of your case.  Many insurance companies count the number of hours between the wreck and the first medical appointment, looking for an excuse not to consider your claim. 

What Is the Average Settlement for a Rear-End Car Accident?

The amount of compensation you receive for your injuries depends on the details that are specific to your car accident and both the manner in which the wreck occurred and the nature and extent of your injuries matter. If you were injured in a collision that wasn’t your fault, you will be able to recover compensation for medical expenses, lost wages, pain and suffering, and more.

Do I Need a Wichita Rear-End Car Accident Injury Lawyer?

A rear-end collision is one of the most common types of car accidents. Cell phone use has increased the number of wrecks. More drivers are texting while driving, which results in more rear-end collisions and more injuries.

It is presumed that rear-end car accidents are always the fault of the driver who hit the car in front of them. An experience injury lawyer can help rear-end crash victims get the compensation they deserve for their injuries sustained in a rear-end collision.

Remember, at Pistotnik law, your initial consultation is free, there are no up front fees, and you don’t pay us unless you win.

The experienced car accident injury attorneys at Pistotnik law will assist you or your loved one with your case. Call 833-227-4267 or 316-689-8035 for a free consultation today.  We handle injury cases in Wichita and all over the state of Kansas.