Winter weather conditions in Overland Park, KS, such as snow and ice, can make roads slippery and dangerous for drivers. If you were injured in a crash resulting from icy road conditions, you may be left wondering who is at fault and how to get your damages paid.
Kansas law has specific rules that govern liability in accidents resulting from icy road. These laws apply whether a weather-related car accident happened anywhere in Kansas, including Overland Park.
If you were involved in an accident resulting from icy conditions, our Overland Park car accident attorney can help you determine who is liable. Call us at 816-203-0143 for a free consultation.
Weather-Related Car Accidents in Overland Park
Unfortunately, weather-related car accidents are common in Overland Park, Kansas. During the winter months, icy road conditions can make driving treacherous. This is true on the highways (like I-435 and US-69) and arterial roadways (like Blue Valley Parkway, Metcalf, 87th Street or 135th Street).
In Overland Park, and throughout Kansas, drivers are required to adjust their driving habits to accommodate the changing weather conditions. For example, when driving on icy roads, drivers should slow down and increase the distance between their vehicle and the vehicle in front of them.
In addition, drivers should be aware of the conditions of the roads they are driving on. For example, bridges and overpasses can freeze over more quickly than the road, and drivers should take extra care when driving on these surfaces. If the road conditions are particularly hazardous, drivers should consider postponing their trip or finding an alternative route.
Who’s Liable in an Accident from Icy Roads in Overland Park, KS?
If you're injured in a weather-related car accident due to icy road conditions, you have the right to file an injury claim against the driver who caused the crash. Under Kansas law, liability depends on several factors, including speed, road conditions, and physical evidence. If a party lost control of their vehicle and caused the crash, they or their insurer must pay for any damages that result.
Likewise, if you're driving on an icy road and you lose control of your vehicle, you or your insurer may be held liable for any damage or injuries you cause. In some cases, both drivers may be partially at fault, and liability will be determined based on each party's level of responsibility for the accident.
Comparative Fault Laws in Kansas
In Kansas, fault is determined based on the rule of comparative negligence. This means that fault is assigned based on each party's level of responsibility for the accident.
The comparative negligence rule applies to both property and bodily injury damages. For example, if you're involved in a weather-related car accident, and you suffer $10,000 in damages, but you are found to be 30% at fault for the accident, your damages will be reduced by 30%. In this case, you would only be eligible to receive $7,000 in compensation.
What to Do After an Overland Park Weather-Related Car Accident
If you're involved in a weather-related car accident, there are several steps you should take to protect your rights and ensure that you receive fair compensation. Here are some things to do after a weather-related car accident in Overland Park, Kansas:
- Call the police and report the accident: It's important to report the accident to the Overland Park police. The police will investigate and create a crash report. This crash report can be helpful in determining fault and liability in the future.
- Gather information: Collect the other driver's name, contact information, and insurance information. Take photos of the accident scene, including the vehicles involved, road conditions, and any visible injuries.
- Seek medical attention: If you or anyone involved in the accident is injured, seek medical attention immediately. Getting medical attention is essential not only for your health, but also for documenting any injuries that may have resulted from the accident.
- Report the accident to your insurance company: Notify your insurance company of the accident as soon as possible. Your insurance company will begin an investigation into the accident and may assist you in determining fault and liability.
- Consult with our Overland Park personal injury attorney: If you're injured in a weather-related car accident, contact our Overland Park personal injury attorney for a free consultation. Insurance companies often delay, discount or deny injury claims even if they have merit. Our Overland Park personal injury attorney can help you understand your rights and the legal process and can help you maximize your recovery.
Determine Liability with Our Overland Park Car Accident Attorney
Icy road conditions can make driving dangerous. Weather-related car accidents are common in Overland Park during the winter months. If you were injured in a crash due to icy road conditions in Overland Park, determining liability can be complicated.
Our Overland Park Car accident attorney is experienced and ready to help. We help our clients to understand the value of your claim and negotiate to get full and fair compensation after Kansas car accidents. Call our office today at 816-203-0143 for a free consultation.
You can also check out our comprehensive Insider's Guide to Accident & Injury Law in Missouri & Kansas. We're on your side, and here to help!