How Important Is Re-Enactment In Motorcycle Accident Claims?
Re-enactments are almost as important, if not more important than in any other type of accident. The prejudice and perception is that all motorcycle drivers are, somehow, usually at fault for their own accidents. As soon as you retain the police report, someone needs to review that police report and see if a private investigator has to make certain measurements, or an accident reconstructionist has to determine who is at fault for the accident based upon the pictures that were taken by the police. If you have a case where there is a significant question about who is at fault, then preliminarily, the motorcyclist might have been at...
What Types Of Injuries Are Sustained In Motorcycle Accidents?
There are several injuries associated with motorcycle accidents. Most common are close head injuries because either the helmet did not provide enough protection or the driver wore no helmet. Under Kansas law, you are not required to wear a helmet while riding a motorcycle so not wearing a helmet cannot be used against you in the motorcycle case. I will tell you, though, injuries sustained in a motorcycle accident from a driver who does not wear a helmet has a tendency to reduce the value of the claim, even though that is not really supposed to be the consideration given by the jury in these cases. We find that most juries punish or...
How Has Your Experience Been In Handling Motorcycle Accidents?
Clients who are involved in motorcycle accidents typically suffer more serious injuries than those involved in the single car or two car accidents. Most motorcyclists are usually unprotected or have limited protection from almost any collision. A motorcyclist who is hit by a car or a truck will often suffer serious injuries because he or she is not protected by airbags, seat belts and other types of safety measures considered in the design of cars or trucks. A motorcyclist may have a helmet on that may keep him or her from suffering a serious head injury, but they are unprotected from scrapes, bruises and broken limbs, or loss of...
What Are The General Outcomes In Cases Involving Uninsured Motorists?
Generally speaking, underinsured/uninsured insurance companies don’t want to go to court; therefore, in most cases, the uninsured/underinsured carrier will pay their policy limits. However, sometimes cases end up being filed against the insurance carrier because they have way undervalued the case under the value of the underinsured/uninsured policy. However, it is still somewhat rare that these cases end up in court, and in most cases, even when there is a lawsuit, the claim settles before it is brought in front of a jury to present the case.
Is It Advisable To Sue An Uninsured Motorist For Damages?
Occasionally, when a person is...
What Happens If Someone Is In An Accident With An Uninsured Motorist?
If a motorist is involved in an accident with an underinsured motorist, and that person doesn’t have any additional underinsured coverage, then he or she may only recover what the tortfeasor has, as far as level of insurance coverage. If the other driver does not have any insurance coverage at all, the motorist is going to have to figure out whether or not it’s worth it to pursue the uninsured driver individually for a tort recovery in a court of law.
What generally happens in these cases is a qualified attorney will analyze the tortfeasor’s (the person who caused the accident) assets and try to determine whether or not that person...
Does Kansas Require Uninsured Or Underinsured Motorist Coverage?
Kansas law does require minimal auto insurance policy limits of $25,000 per person of underinsured/uninsured coverage and $50,000 per accident of underinsured/uninsured coverage.
What Does Uninsured Or Underinsured Motorist Coverage Actually Cover?
Uninsured or Underinsured motorist coverage will cover a situation where someone involved in an auto accident, who was not at fault, has a claim against another driver who has less insurance than they do and who does not have enough insurance to cover all of the damages of the accident victim.
For example, if an accident victim has a case that is worth $100,000 and the person who caused...
What Are The Car Insurance Requirements In Kansas?
Everyone who owns an automobile in the state of Kansas, which is titled and in condition to be driven on the road, must maintain a basic policy of automobile insurance that includes minimal policy limits. Every car that is on the roadway, therefore, is required to have basic insurance coverage that at a minimum provides $25,000 in coverage for a person in the event that he or she causes an accident and is sued by the other driver if a claim is made against that individual for negligence. The insurance company will provide $25,000 of coverage for that claim at a minimum and $50,000 per accident if there are multiple claims which is...
What Should Someone Do If Their Claim Is Denied?
If they deny the claim outright, quite frankly, you are going to need to have somebody professionally investigate the case. You must make sure that the denial is not reasonable. Most likely, after a professional investigation is done with the assistance of a lawyer and their experts, then a lawsuit will need to be filed. That lawsuit will need to be filed in the proper venue. It is so important that the proper venue is chosen by an experienced trial lawyer. An experienced truck trial lawyer will know the differences between possible venues that could be available because of the uniqueness of these particular types of claims.
When...
What Are The Common Injuries Sustained In A Trucking Accident?
We do see a lot more crush injuries due to the weights and forces involved in most trucking accidents. We also see more amputations due to the forces involved causing ejections from the vehicles. The last thing I would say that we see more often in semi truck and vehicle collisions is closed head injuries. They are caused by the passengers striking their heads violently in these types of accidents.
What Are The Biggest Challenges That Clients Face In Commercial Vehicle Accident Claims?
The biggest challenge is that the trucking industry is quite sophisticated, and in most cases, immediately after a truck is involved in a collision,...
Who Are The Liable Parties In A Commercial Vehicle Accident?
The possible liable parties would be, of course, the driver of the vehicle as an individual and as the employee who is working at the time of the accident. The second most likely targeted party would be the employer whom the driver works for. The company has a legal responsibility to train, monitor and provide assistance to the driver. They often are sued in these cases from the fact that they are legally responsible for the trucker’s negligence in most states. The third party that can be legally responsible is the insurance carrier. Federal law actually allows you to sue the insurance carrier as a named party in addition to suing...
What Types Of Vehicles Are Involved In Trucking Accidents?
Generally speaking, commercial vehicles are any vehicles that are used by businesses in the course and scope of their occupation or profession. So that could include vans and pickup trucks, but really any vehicle used in the scope and course of employment are the truck driver or drivers of the vehicles would be considered a commercial vehicle. Limos are another example of a common commercial vehicle that we see around here. Many times though there are standard four door sedans that are used as commercial vehicles that would also fall into this particular category.
Are Commercial Vehicles Subject To Different Rules & Regulations...
What Steps Should Someone Follow If They Are In An On Job Auto Wreck?
If someone is involved in an auto wreck while on the job, the first thing he or she needs to do is report the work related accident to their employer. The second step they need to take is to request medical treatment, or at the very least, a medical evaluation to be sure of the extent of any injuries from the accident. The third thing that needs to be done is the person needs to sit down with a workers’ compensation and personal injury lawyer and start asking questions about how this particular accident is going to or not going to be covered by the various policies of insurance. The sooner they can get educated about what their...
