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What Are The Rights Of A Passenger In A Work Vehicle?

As a passenger in a work vehicle, the person has two things going for them. They have the right of worker’s compensation benefits under Kansas law if he or she was/is in the course and scope of employment when the accident occurred. Additionally, the individual can make a claim for the negligent conduct of the driver of the work vehicle as well as the driver of the other vehicle if it’s a two car accident. One thing Attorney Roger Riedmiller warns is that as a passenger in an automobile, if the person’s co-employee caused the accident, he or she may be limited in their right to pursue that co-employee for damages because that co-employee...

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Who Are The Potentially Liable Parties In An Auto Accident On The Job?

Ultimately the insurance carriers will pay for the damages that are sustained in an on the job auto accident if it can be proven their insured was negligent in causing the accident. Technically, however, in Kansas the legally responsible party is the one who is more negligent than the other. If that is the case then a lawsuit can be filed against both the employee and the employer in an accident. This is done when the insurance just covers one or the other or there is separate insurance that covers the two entities; the employee and employer. Essentially, though both the employee and employer could technically be held responsible...

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How Common Are Auto Accidents When People Are On The Job?

Auto Accidents that occur while people are on the job happen quite frequently in Kansas. There are a number of occupations that involve driving of either company vehicles or the employee’s personal vehicle. In fact, the most common type of work/auto accidents involve large trucks, including semi-trucks. In Kansas, because of the distance between cities, the frequency with which these collisions occur is quite high. What Are Some Other Examples Of Auto Accidents Occurring While On The Job? Certain occupations are certainly subject to a higher risk for auto collisions. For example, nurses and home health aides who drive from home to...

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What Components Make A Viable Auto Accident Case?

How Important Are Evidence And Photos In Auto Accident Cases? If fault is not an issue, then photos and witness statements aren’t as important in an auto accident case. However, if fault is an issue, then they can become critical and a failure to get a timely witness statement can be deadly to your case. The problem with the witness statement is that if you don’t get one as soon as possible, then he or she may forget the most important points of the case. The same thing happens with photos. If your accident was affected by the conditions of the road and you don’t have pictures taken at the time of accident that shows what...

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How Important Is It To Seek Medical Treatment After An Auto Accident?

If You Fail To Seek Medical Treatment Right Away, At What Point Do You No Longer Have A Case? There is no definitive answer as to how long is too long to seek medical treatment after an auto accident. However, the first and the most important thing is that no matter what you think about your condition, after an accident you should always have it checked out either in the emergency room or as soon as possible with your own family physician. You must verify that you did not sustain or suffer any injuries as a result of this accident. There are many cases where people develop symptoms 30-90 days after an accident. If they didn’t...

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Common Questions Asked About Auto Accident Cases

What Are The Steps Someone Should Take If They Have Been Injured In An Auto Accident And They Suspect They Will Need To File A Claim? If you are injured in an auto accident be sure to sure to notify your own insurance company. This is necessary because there are some benefits that first need to be paid by your insurance company. In this scenario, it is assumed that at the time of the accident the police were called and a proper investigation took place with a proper police report. You should obtain that police report once it is completed, which can take anywhere from a few days after the accident to a few months. Additionally, you...

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Frequently Asked Questions Regarding Auto Accident Cases

What Are The Biggest Misconceptions People Have When It Comes To Auto Accidents? One misconception people have regarding auto accident cases is that the attorney will take all of their money but that’s just not true. Attorneys can only take a fair and reasonable percentage of the recovery in a case. Without an attorney, in most cases, you definitely stand to lose money and not getting the most that you are entitled to. Other types of claims often come into play, and if you don’t have an attorney to negate or reduce those claims as well such as health insurance liens, no fault liens and hospital liens, then you lose a lot...

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How Is Fault Determined In Auto Accident Cases?

What Is Fault And No-fault State And How Does That Apply In Kansas In Kansas, fault in an auto accident case is typically determined by reviewing the police report and determining the facts recorded by police are accurate and clear. For example, the facts help determine who had the right of way in an intersection or who did what in causing the collision. Most of the time with the police report, it’s quite clear. For instance, in a rear-ender where one vehicle collides with a stopped vehicle, it is pretty obvious the driver in the vehicle that was moving was at fault and the driver in the stopped vehicle was not at fault. Those...

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Unexpected Calls You Get After An Auto Accident

I had a phone call the other day from a client who had just been in an accident 1 week ago and suffered whiplash type injuries. She was getting a little better but she told me that she was at the doctor’s office to get some treatment when she decided to call me because it was kind of strange for her to be at this doctor’s office in the first place. She explained to me that she was resting at home on her couch when she got a call from somebody who said that they had arranged an initial free appointment for them with a doctor who would see them at 2 p.m. that afternoon. Not only would they see her initially for free but they would send...

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Filing a Report After an Accident

If you are involved in an automobile accident, protect your legal rights by never admitting to wrongdoing for your actions at the scene of the accident. Admissions and apologies are unwise since you may be dazed and unable to assess the facts of the case. If you are able to do so, simply exchange drivers’ licenses, registrations, and insurance information with the other driver(s). In addition, ask the law enforcement officer on the scene if you can fill out a motor-vehicle accident report form. Be short and careful with your descriptions of what happened- just the facts you know for certain and don’t speculate. By having the facts...

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Knowing What NOT to Say

After an accident, an insurance company claims adjuster representing the person likely to be held liable for the accident will probably contact an injured party. When this happens, accident victims should strive to understand that claims adjusters are professional negotiators who settle the matter in the most favorable manner for their insurance company. Thus, if you have been in an accident, never give an oral statement to the other party’s insurance company. No matter how tempted you may be to get into a discussion with the person representing the other side, you should resist the impulse. Those injured in accidents should consult...

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Witnessing an Accident

Witnesses can be very valuable in helping accident victims prove their cases. While those injured in accidents are often surprised by the events swirling around them, witnesses can often describe what happened before, during and after an accident. Thus, they may be able to provide extremely important information about who was at fault. It should also be noted that even witnesses who did not actually see an accident might be able to provide very relevant input. If they saw the victim immediately after the accident, they may be able to confirm his or her pain and discomfort. Sometimes, witnesses may hear statements that give an indication...

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