Texting and driving are some of the most dangerous driver habits of the 21st century. In spite of statistics and research highlighting the extreme risks of texting and driving, drivers – particularly young drivers – use their cell phones behind the wheel at higher rates than ever. In 2018, distracted driving claimed 2,841 lives. Texting is one of the worst forms of distracted driving, as it takes the driver’s hands, eyes, and mind off the driving task. If a driver caused your accident while texting, come to the Kansas City texting and driving accident lawyers of Wendt Law Firm P.C. for a free legal consultation. The law may entitle you to damage recovery.
Why Hire Us?
Our Kansas City distracted driving attorneys have over 50 years of combined experience dealing with car accident cases.
We are prepared to fight for your rights in court where a fair settlement cannot be reached.
Samuel Wendt has received many awards for his services to personal injury law, including Missouri and Kansas Super Lawyer every year since 2008.
We work on a contingency fee basis. You will not pay anything unless we are successful, and our fee will be taken as a percentage of your eventual settlement.
We offer a free consultation to anyone who has been a victim of a Kansas City distracted driving accident.
What Are the Things That a Distracted Driving Accident Attorney Could Do for Me?
A distracted driving crash can lead to devastating and life-altering injuries. Victims should focus on their recovery, and seek legal representation to fight for compensation on their behalf. Not only does this save time and stress, car accident claims with representation usually end up with a bigger settlement, even when legal fees are considered.
Deal With Insurance Companies
For one, a lawyer will protect you against insurance companies. Insurance companies didn’t get to be as big as they are by paying out large amounts of compensation. They hire insurance adjusters whose job is to devalue your claim. Never accept a settlement before speaking to an insurance claims attorney, once you do you will forfeit your right to claim more.
Your attorney at Wendt law will have in-depth knowledge of Missouri and Kansas distracted driving laws. They will use their skills and experience to prove fault and secure maximum compensation. While financial compensation for damages such as medical bills and lost wages might be easy to quantify, your attorney will make sure that you are also fairly compensated for your pain and suffering, and loss of enjoyment.
Evidence Your Claim
Your attorney at Wendt Law will guide you on every step of your claim, and keep you informed throughout. They will get to work quickly to protect evidence such as CCTV footage, police reports, eyewitness statements, and mechanic reports. They will also approach experts such as medical professionals and accident reconstruction specialists to strengthen your claim if necessary.
Distracted Driving Facts in Kansas City
According to an in-depth study on traffic accidents in the Kansas City region, distracted driving kills an average of 33 people in the area every year. It causes serious injuries to an average of 366 more. Distracted driving is a serious issue that plagues the streets of Kansas and Missouri. These statistics refer to all forms of distraction, not just texting. However, texting is a significant contributor to distracted driving crashes. So significant, in fact, that both states have passed texting and driving laws:
Drivers 21 years old and younger may not text and drive. The law bans texting for commercial drivers as well. “Texting” includes sending, reading, or writing any type of electronic message. The only exceptions are if the driver is summoning emergency help, reporting illegal activity, or preventing injury. Drivers may only talk on cell phones while driving in limited circumstances, such as with a hands-free device.
In Kansas, no driver may text and drive. Drivers of any age cannot use any wireless communication device to write, send, or read written communications. These include texts, emails, and instant messages. Drivers may use handheld cell phones to make calls unless they have learner’s permits or intermediate licenses. Again, exceptions to the texting law exist in the event of emergency correspondence.
According to the National Highway Traffic Safety Administration (NHTSA), reading one text takes your eyes off the road for an average of five seconds. Driving at 55 miles per hour, this is the equivalent of traveling the length of a football field blindfolded. This puts into perspective how dangerous texting and driving is and how quickly it can result in a deadly car accident. Drivers who cause accidents while texting may be guilty of negligence, even if the activity is technically legal. Texting and driving create an unreasonable risk of harm to drivers and others on the roadway.
What Types of Accidents Can Texting and Driving Cause?
Texting while driving can cause any type of accident. However, the most common are rear-end accidents, this is because distracted drivers are more likely to use their cell phones in stop-and-go traffic. While these types of accidents can only cause minor damages, if a distracted driver was driving at high speed, then the resulting damages can be devastating.
Other common types of distracted driving accidents include:
If you have lost a loved one in a distracted driving accident then you can claim compensation for funeral expenses, loss of income to a family household, and more. No amount of money can make your loss easier, but you should not have to face financial burdens because of someone else’s negligence.
Types of Injuries From Texting and Driving Accidents
As one of the more preventable types of car accidents, texting and driving is completely avoidable. In addition to putting the phone away from the driver physically, there are also apps that prevent the phone from functioning while the car is in motion. Texting while driving can lead to a number of injuries to every person involved, including the driver, passenger, and pedestrian/bystander. Injuries that can come from texting and driving include:
At Wendt Law Firm P.C., our car accident lawyers have experience with all types of auto collisions and personal injuries. We can help you seek justice and maximum compensation after a texting and driving car accident regardless of your specific diagnosis. Collect copies of your medical records, treatment plans, and x-rays before coming to see us. We can review your injury-related documents for a more comprehensive evaluation of what your case is worth.
Are You in a Fault or No-Fault State?
Before you can file a claim for damages against someone for texting and driving, you must understand whether you live in a fault or no-fault state. Kansas is a no-fault state, while Missouri is a fault state. In Kansas, you will not have to prove that the other driver was texting and driving to receive insurance benefits. Your own insurance company will have to pay you benefits whether or not the other driver was at fault.
A no-fault claim can be easier to win, but it may result in less compensation than a fault claim based on the limits of your personal injury protection insurance. You may only file a fault-based claim against the distracted driver in Kansas if you have serious injuries, such as those that will affect you for life. In Missouri, on the other hand, the fault-based insurance law always gives you the right to hold the distracted driver responsible.
If you live in Kansas City, Missouri, you will bring an insurance claim against the person who was texting and driving at the time of your collision. It will be up to that driver’s insurance company to pay for your damages. To win a fault-based insurance settlement, you or your lawyer may have to prove the other driver’s fault for the crash. Hiring an attorney to represent you could make it easier to win this type of claim.
What is the fine for texting and driving in Kansas?
In Kansas, the fine for texting and driving is just $60. Considering the devastation it can cause, this seems very lenient. However, you can hold distracted drivers responsible by proving their liability for your damages.
How many fatalities are caused by texting and driving?
According to the NHTSA, over 400 fatal crashes happen each year as a result of texting while driving in the United States. The problem is not just caused by young or novice drivers, distracted driving facts show that it is an increasing problem in all age groups.
Is texting and driving a moving violation in Kansas?
Yes, texting while driving is illegal for all drivers in Kansas.
Can you get pulled over for texting and driving in Missouri?
If you are over the age of 21, then texting while driving is not a violation in Missouri. However, if you are driving dangerously then you could still be pulled over.
Contact a Kansas City Texting and Driving Accident Lawyer
If you have been in a car accident with a distracted driver then you deserve compensation for your injuries. Hiring high-quality representation could be the difference between getting by with a lowball settlement and securing the full amount you deserve.
With over 50 years of combined experience and a commitment to personal injury cases. Our team at Wendt Law has what it takes to go above and beyond for your case.