Chelsea Dickerson
Dickerson Oxton attorney Chelsea Dickerson is a dedicated advocate for injury victims, focusing her practice on personal injury and mass tort litigation. As co-founder of the firm, she has helped recover millions of dollars for clients in serious injury, trucking accident, motorcycle accident, and wrongful death cases. Chelsea is known for her aggressive, evidence-driven approach and her commitment to holding insurance companies and negligent parties accountable. She also represents consumers nationwide in complex pharmaceutical and medical device litigation.
Driving accidents may be the most prevalent form of personal injury claim, and yet many victims are not prepared to react effectively in a car accident. Immediately after an accident is one of the most critically important moments in a personal injury case. Actions taken and things said in the brief period after a driving accident could help support a claim or decrease the chances of a favorable outcome. This is why it is so important for drivers to understand how to react and how to handle the pressure and stress of a car accident, because their choices could impact their chances of compensation.
This helpful guide can help explain the proper steps to take immediately after a driving accident, with information from both Kansas and Missouri law. Kansas City vehicle accidents can be difficult to prepare for, as accidents on either side of state lines will follow the respective state statutes. This means that accidents on the Missouri side of Kansas City will be handled differently from driving accidents on the Kansas side, often leading to much confusion when navigating a personal injury claim.
Fortunately, the skilled Kansas City car accident law team at Dickerson Oxton is ready to help with your claim. Contact the office today at (816) 542-6599 to schedule a consultation with an attorney.
Legal Factors that Influence a Personal Injury Claim
Before preparing a plan to react effectively in a Missouri or Kansas car accident, it is vital to understand the legal principles and statutes that govern a personal injury claim in Kansas City. Each of these legal factors has a dramatic effect on a case, particularly when determining the jurisdiction of the case. Kansas and Missouri personal injury laws may differ on various issues, and understanding the jurisdiction of the case may influence how an attorney will argue in court.
State Liability Laws
Liability is the legal concept of responsibility for damages that are caused by another party; if one party is at fault for the damages to another party, they may be liable to compensate for these damages in a civil court case. However, states all determine compensation for liability in different ways. Missouri subscribes to a pure comparative negligence model according to R.S. Mo. § 537.765, which means that a plaintiff can receive compensation regardless of their contributory negligence. However, that compensation will be reduced by the degree of contributory fault. In Kansas, according to K.S.A. § 60-258a, the state subscribes to a modified comparative negligence policy, meaning that compensation is barred when the plaintiff is more than 49% liable for the accident.
For example, a car crash in Missouri where the plaintiff is 75% responsible for the accident, perhaps because of texting and driving, will still qualify for compensation. However, this compensation will be reduced to 75% of the court-approved value of the damages incurred. In Kansas, this personal injury claim would not be viable in court because the contributory negligence of the plaintiff outweighs the causal negligence of the defendant.
For more information on Kansas City driving accidents, speak with a skilled personal injury attorney from Dickerson Oxton today.
What to Do After a Kansas City Driving Accident
A personal injury claim can mean the difference between financial anxiety and a quick return to life as usual. Compensation can help a victim of a driving accident recover and replace damaged property, avoid financial stress, and pay medical bills for injuries. However, the success of a personal injury claim often depends on the driver’s actions immediately after the accident. Knowing how to keep calm and avoid admitting fault can help save victims of car accidents from pitfalls that could harm their case. Additionally, these four steps can help build a strong case after a driving accident.
Seek Medical Attention
The priority after a car accident is to preserve life and treat the injuries of anyone wounded in the accident. Generally, this means calling emergency services for a medical professional to treat injuries. Some injuries may be treated on site easily, but others may require an ambulance to bring the patient to the hospital. Legally, contacting emergency services is important because it creates a paper trail that proves the occurrence and financial impact of the injuries from the accident. Once this is done, it is also important to contact law enforcement for an official accident report.
Exchange Contact Information
Both Missouri law under R.S. Mo. § 303.040 and Kansas law under K.S.A. § 8-1604 require drivers involved in a vehicle accident to exchange contact and insurance information. Leaving the scene of an accident without exchanging contact and insurance information, even if the driver gets out of the car and converses with the other driver, may lead to the case being considered a hit-and-run. Hit-and-runs are counted as criminal offenses, which can cause much greater legal issues.
Document the Scene
Drivers in an accident would also benefit from documenting the scene with photo and video evidence. Many personal injury claims are argued on the basis of physical evidence, medical records, and witness testimony. Having extensive photographic evidence of the scene, including weather conditions, nearby road signs, and the details of the accident, can help prove negligence of the other party. Collecting contact information from witnesses can help provide additional strength to a personal injury claim after a driving accident.
Speak with a Driving Accident Attorney
While this step is not strictly necessary for a personal injury claim, the support and advice of a skilled legal professional can be invaluable. Attorneys are trained to understand the nuances of state laws and are familiar with court processes. A car accident lawyer can help evaluate a case, conduct research for evidence, and compile these disparate pieces into an effective personal injury case. Additionally, an attorney can help take the weight and stress off the victim, giving them space to recover and heal from their injuries.
A Kansas City Personal Injury Lawyer Can Help
Due to the nature of car accidents in Kansas City, navigating the legal nuances of jurisdiction, differing state negligence laws, and building evidence into an argument can be overwhelming. Protecting a personal injury claim may hinge on actions taken in the first few moments after the driving accident, but the long-term success of the case may need more. Skilled legal representation from a car accident attorney with Dickerson Oxton can help a personal injury claim succeed. Call the office now at (816) 542-6599 to schedule a consultation with an attorney.