How to Value a Rear End Collisions in Kansas City
As Kansas City car accident attorneys, one of the most common kinds of accidents we see are rear-end car accidents. Rear-end car accidents occur when one car strikes another car from behind. In most situations, the car in the rear is at fault because that driver did not keep a safe distance and stop in enough time to prevent the accident.
These factors and others are discussed below.
Our Kansas City car accident law firm has helped countless injury victims and their families recover after rear-end crashes. If you have questions and want to speak to our Kansas City car accident attorney, please call us today at 816-203-0143, for a free, no obligation consultation.
Rear-end Car Accidents in Kansas City
Rear-end car accidents can occur anywhere in Kansas and Missouri and arise in a variety of circumstances. Two vehicles may be traveling in the same direction and one may stop suddenly. The car in the rear of may not have enough time to stop or may be distracted, fatigued, drunk or impaired. This car may have faulty brakes, or the driver may have been driving too fast.
Speeding and reckless driving are common causes of many crashes in Kansas and Missouri, including rear-end accidents. “Texting and driving” is a dangerous behavior that can result in a rear-end car accidents. In addition, inclement weather or driving too fast for the conditions leads to many rear-end car accidents. Rear-end car accidents typically increase in number during rainy, cold or snowy weather.
Who’s At Fault for a Rear-end Car Accident?
In most cases, the driver in the rear is at fault for causing a rear-end car accident because he or she did not keep a safe distance and stop their vehicle in time to prevent this crash. However there are some exceptions to this rule.
For example, if the front car swerved and cut off the car in the rear than the front car may share in the fault due to this aggressive, dangerous maneuver. Similarly, if the front car changes lanes without signaling or looking, or if the car in the front does not have functioning brake lights, this may contribute to causing the crash.
Another situation that may arise is that the rear-end accident may be primarily caused by another crash in the front. Multiple car crashes can occur and result in rear-end collision that are secondary to the original collision. Multiple vehicle crashes can be very complicated to determine liability, but an experienced car accident attorney can help sort out how the accident happened and who is liable.
Comparative Negligence and Settlement Value
The issue of liability is of critical importance in determining the potential value of a car accident claim. If you are at least partially at fault, your right to recover may be reduced or even eliminated.
Both Kansas and Missouri utilize a doctrine known as “comparative negligence.” While this doctrine is different in Kansas and Missouri, it operates in both states to reduce the recovery of a party who is partially at fault in causing an accident.
Missouri is considered “pure comparative negligence.” This means that your recovery is reduced by the amount of liability assigned to you, regardless of the amount. If you are 50% at fault, your recovery is reduced by that 50%.
By contrast, Kansas is considered “modified comparative negligence.” This is different than Missouri because in Kansas you are barred from recovering any compensation if you are 50% or more at fault for causing the crash.
For this reason, it is critically important that you gather all potential evidence to support how the accident occurred and how the other parties contributed or caused the accident.
Compensation In Rear-end Accidents in Kansas City
If another party is at fault for causing a rear-end car accident, you're entitled to assert a claim to recover your losses and damages caused by the crash. The type of compensation you may recover can reimburse you for losses such as:
- past and future medical bills,
- past and future lost wages,
- past and future pain and suffering,
- permanent disabilities, scaring or long-term impairments.
The amount of compensation you may be able to recover for your rear-end car accident injuries depends upon the severity of your injuries, the amount of your medical bills, the amount of your lost wages, your pain and suffering and whether you sustained any long-term impairments. In addition, your claim value is impacted by whether or not you are partially liable for the crash, and the amount of insurance available.
Our Kansas City car accident attorney will be able to assist you in evaluating each of the above elements to determine the potential range for your car accident claim recovery. In addition, we will gather the documents and information necessary to present the strongest case possible to the insurance company.
Perhaps most importantly, we will make sure to identify all potential insurance policies. In cases involving uninsured motorists, hit and run drivers, and under-insured motorists, this is particularly important. If you fail to identify all potential insurance policies, you will not get the money you deserve.
Contact Our Kansas City Rear-end Car Accident Attorney
Every car accident claim is unique, so there is no magic formula that can give the precise amount of compensation for every rear-end car accident claim. However, the best car accident attorneys in Kansas City should be able to provide you with a reasonable estimate of what your claim is worth after evaluating the above factors and gathering the necessary information.
No one asks to be in a car accident, and the experience regardless of the circumstances can be traumatic, frustrating and overwhelming. Our experienced car accident attorneys are ready and willing to assist you, to help guide you through the process and to ensure that your legal rights are protected.
Please call us today for a free, no obligation consultation at 816-203-0143. Or download a copy of our attorney's free car accident e-book, Crash Course, to learn more.