DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients' cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client's case.

Multi-Car Crash Caused by Distracted Driver in Overland Park KS

Our client was driving eastbound on Interstate-435 Highway, east of Roe Avenue in Overland Park, Kansas.  She was third in a line of four cars that were traveling one behind the other.  When rush hour congestion slowed the traffic, our client brought her vehicle to a stop along with the vehicles ahead of her.

However, the driver of the vehicle directly behind our client was distracted by her phone.  Due to her inattentive driving and speed, she was unable to stop and crashed into the rear of our client’s vehicle. The force of the impact was so strong that it threw our client’s vehicle into the car in front of her, which in turn pushed that vehicle into the car in front of it.  In sum, the negligent driver caused a chain reaction accident involving a total of four vehicles.

Extensive Injuries and Treatment for Post-Concussion Syndrome Symptoms

The damage to our client’s car was so extensive she needed assistance in extricating herself from the wreckage.  She had facial lacerations from the impact and airbags that deployed.  She reported loss of consciousness.  At the emergency room, she was seen for the complaints of pain in her right rib, chest, head, neck, abdomen, and abrasions.

Our client was discharged and sought follow up care for a concussion, headaches, and neck and back pain.  She began experiencing dizziness, falling sensations, floating sensations when lying down in a dark room, headaches, and difficulty reading.  In addition to these symptoms, she also experienced intermittent numbness, and tingling under her arms, which would then radiate to her wrists on both sides.

Our client sought follow up care with specialists, including a neurologist, physical therapist, chiropractor, and vestibular therapist.  She was later referred to a neuro-optometrist for evaluation and visual rehabilitation for convergence insufficiency, diplopia, and deficient saccadic eye movements.

Insurance Companies Attempt to Avoid Coverage

Even though our client was clearly not at fault, and she was badly injured, the insurance companies involved in the crash were not cooperative.  The vehicle driven by the at-fault driver was owned by her employer.  We submitted comprehensive demand packages to both insurance companies of the at-fault driver and her the employer.

The insurance company for the at-fault driver quickly denied coverage on the basis that their policy did not cover business activities of the driver.  The insurance company for the employer took the position that the at-fault driver did not have permission to use the vehicle. 

If these companies had their way, our client would have been left to deal with her injuries and damages all on her own.  Fortunately, she hired our experienced personal injury attorney in Overland Park to fight back.

Pre-Suit Investigation, Mediation and Settlement

Our firm conducted a full investigation into the facts surrounding the crash.  We reached out to witnesses and participated in pre-suit examinations under oath of involved parties.  We also obtained and reviewed the relevant insurance policies, as well as company records. 

As a result of new information uncovered, the parties agreed to participate in a pre-suit mediation and a settlement was reached in the amount of $200,000.  This amount more than compensated our client for her medical needs and provided her with compensation for the pain and suffering she experienced.

Call Our Personal Injury Attorney in Overland Park, Kansas Today

Car accidents on highways are complicated and can result in serious injuries.   If you or a loved one are dealing with the aftermath of a crash in Kansas or Missouri, call our personal injury attorney today at 816-203-0143 for a free consultation.

Our client was so glad she found us, and that we handled everything!

We have offices in Overland Park, Kansas and Kansas City, Missouri and are ready to help you navigate through the legal process to a maximum recovery.

$200,000

Kevin J. McManus
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Kevin McManus is an accident injury and disability lawyer in Kansas City, MO, and Overland Park, KS