Defendant's Attorney: Briana C. Cowell and James R. Jarrow

Description: Wichita, Kansas personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

Kansas Auto Negligence Law: Key Points

Kansas auto negligence law follows a modified comparative negligence system, meaning that your ability to recover damages in an accident depends on your own percentage of fault. Here's a breakdown of the key points:

Fault and Damages:

50% bar: If you're found to be 50% or more at fault for the accident, you cannot recover any damages from the other driver.
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Gavel and Sounding Block
Reduced damages: If you're less than 50% at fault, you can recover damages, but your award will be reduced by your percentage of fault. For example, if you're 30% at fault and the other driver is 70% at fault, you would receive 70% of your total damages.

Proving Negligence:

To prove negligence in a Kansas auto accident, you must establish the following elements:

Duty of care: The other driver owed you a duty to act like a reasonable driver under the circumstances.
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Driver Yielding Sign
Breach of duty: The other driver breached their duty by acting unreasonably, such as speeding, driving under the influence, or failing to yield the right of way.
Causation: The other driver's breach of duty caused your injuries or damages.
Damages: You suffered actual damages, such as medical bills, lost wages, or pain and suffering.

Additional Important Aspects:

Minimum insurance requirements: Kansas requires drivers to carry $25,000/$50,000 in liability insurance coverage per accident.
Statute of limitations: You have 2 years from the date of the accident to file a lawsuit.

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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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