Rear-End Collision Attorneys in Kansas City

Rear-end collisions are one of the most common types of accidents on the roads today. These incidents can cause significant vehicle damage and lead to serious injuries for those involved.

If you or someone you care about has been injured in a rear-end collision, you may be eligible to seek compensation for your damages through a personal injury claim. Proving liability in a rear-end accident may seem straightforward, but complexities can arise, making it crucial to seek experienced legal guidance. 

That’s where we come in. At Denning Law Firm, LLC, our attorneys are dedicated to protecting your rights and supporting you through this challenging time. Reach out to our experienced personal injury attorneys for assistance in navigating the insurance process and pursuing the financial compensation you deserve. 

If you need help anywhere in the Kansas City area—including both Kansas and Missouri—as well as Overland Park and surrounding communities, set up a consultation with Denning Law Firm, LLC today. 

Determining Liability 

In many rear-end accident cases, the driver of the trailing vehicle is usually presumed to be at fault. However, this is not always the case as there are circumstances where the lead driver might share or hold the responsibility for the accident. It’s essential to understand the specific laws regarding rear-end collisions in Missouri and Kansas. 

In both states, all drivers are required to follow at a safe distance, ensuring they can stop safely to avoid a collision. Missouri law mandates that drivers must maintain a safe gap between vehicles, accounting for speed, traffic, and road conditions. Additionally, sudden stops or dangerous maneuvers by the lead driver can influence liability. 

Kansas law similarly requires drivers to avoid following another vehicle more closely than is reasonable and prudent. Like Missouri, Kansas considers the behavior of the lead driver in determining liability, especially in cases where the front vehicle stops abruptly.

Determination of Fault

The laws regarding the determination of fault in rear-end collisions differ between Kansas and Missouri. Missouri is a fault state. In Missouri, the victim of a rear-end collision can immediately file a claim against the other driver without first filing a claim under their own insurance policy. 

On the other hand, Kansas is a no-fault state. In Kansas, the injured party generally must file a claim through their own insurance policy before pursuing a claim against the other driver's insurance, regardless of who is at fault. 

Both states follow a comparative fault system, which allows liability to be apportioned between the involved parties. In Kansas, you can seek damages from the other party provided you are less than 50% at fault. In Missouri, you are entitled to seek damages from the other party regardless of your fault percentage, even if you are found to be 99% at fault.

Statute of Limitations 

Be aware of the time limits for filing a personal injury or wrongful death claim following a rear-end accident. In Kansas, you have two years to file a personal injury claim, while in Missouri, the time frame is five years. For wrongful death claims, you have two years to file a lawsuit in Kansas and three years in Missouri. 

What Damages Are Available?

The specific damages you may be entitled to will depend on the severity of your injuries and losses. Generally, compensation can cover various expenses related to the accident, including medical bills, future lost wages, vehicle repair or replacement costs, pain and suffering, loss of consortium, and funeral and burial expenses in the case of wrongful death. 

What Steps Should I Take Next?

After attending to your injuries and ensuring your physical and mental well-being. Contact an experienced rear-end accident attorney. If you are the victim, a lawyer can help you gather evidence, guide you through the insurance claim process, and advise whether you should pursue a lawsuit against the at-fault party. If you are representing a loved one affected by the accident or who lost their life, an attorney can help initiate a wrongful death claim. 

FAQ

How soon should I contact an attorney after a rear-end accident? 

It's advisable to contact an attorney as soon as possible after a rear-end accident. The sooner you seek legal representation, the better equipped your attorney will be to gather timely evidence, communicate with insurance companies, and uphold your rights. Prompt legal advice can also help you avoid potential pitfalls that could affect your claim. 

What types of evidence should I collect after a rear-end accident? 

It's important to collect various types of evidence after a rear-end collision to support your claim. This can include photographs of the accident scene, vehicle damage, and any visible injuries. Obtain contact information and statements from witnesses, as well as the other driver's information. Additionally, securing a copy of the police report, any medical records, and repair estimates can bolster your case. 

What if the insurance company offers a settlement too quickly? 

Be cautious if an insurance company offers a settlement quickly after the accident. While it might be tempting to accept a quick payout, it's important to first consult with an attorney who can help you determine whether the offer adequately covers all your damages and future expenses. An attorney can help you evaluate the settlement and negotiate for a fair compensation amount that truly reflects your injuries and losses.