Archive for the ‘Car Accidents’ Category

Kansas Construction Zones Filled with Serious Auto Accident Hazards

Tuesday, April 5th, 2011

Some of the most dangerous roads in Kansas are the ones where road construction or maintenance is taking place, but many Kansas drivers do not think of road construction as a driving hazard.  Most people view construction zones as a place of traffic tie-ups, and delays, but they are also a dangerous place for Kansas drivers, pedestrians, and road construction crews. Certain safety measures are implemented to insure drivers’ safety in construction zones, but there are over 40,000 people injured each year in road construction areas.  Most people assume that construction zone safety measures such as orange cones, warning signs, orange flags and reduced speed limits are primarily for the protection of construction workers.  However, eighty percent of those involved in serious or fatal accidents in construction zones are motorists and pedestrians.

If you are seriously injured or lose a loved one in a serious Kansas car accident, you may have a right to financial compensation for your injuries and loss.  At the Liberal, KS law firm of Koehn &Tahirkheli. L.L.C., we are committed to providing the highest quality legal services to those who are the victims of the negligence of others in Southwest Kansas.

The most common causes of construction zone accidents in Kansas include the following:

  • Heavy equipment in roadways blocking traffic
  • Confusing signs
  • Unsafe detours
  • Confused drivers in wrong lanes
  • Poorly placed barriers
  • Debris in the road

There are frequently many distractions in a construction zone that cause drivers to make serious errors in judgment when passing through these areas resulting in car accidents.  Sometimes construction zone accidents are caused by incompetent workers who are hired when private contractors do road construction and do not adequately screen, train or supervise their employees.  These poorly trained workers can confuse motorists traveling through construction zones increasing their confusion and the probability of a serious construction zone car crash.  There are many individuals and entities that may be responsible for a construction zone accident including government entities, private contractors, sub-contractors, equipment rental companies or other motorists.

Many times work zone accidents are caused by drivers, who disregard lower speed limits, detour signs, warning signals or protective barriers.  Motorists must pay special attention when driving through construction zones because road conditions can change daily along with the placement of signs and barriers.  It is important that you retain a law firm that has knowledge and experience with the state and federal safety standards that apply to construction zones.  Construction zone car crashes can be challenging to litigate because the situation changes rapidly so evidence can disappear or be destroyed. Issues involving the preservation of evidence can become even more complex if the construction ends, and the roadway re-opens during an investigation because this may leave no evidence at all of the accident.

If you are involved in a car accident caused by road construction, it is important that you seek legal advice from an attorney who is experienced in handling Kansas road construction accidents.  The experienced Kansas car accident lawyers at the law office of Koehn &Tahirkheli. L.L.C. are dedicated to obtaining the best possible outcome for injured Kansas residents.  We offer a free initial consultation so that we can assess your case so you have nothing to lose and everything to gain.  We represent auto accident victims in all types of Kansas auto accidents so give us a call today at (620) 624-8158.

Koehn & Tahirkheli, L.L.C. serves the cities of Liberal, Garden City, Sublette, Elkhart, Johnson City, Hugoton, Ulysses, Dodge City, Meade, Seward County, and serving all other communities in Southwest Kansas.

In Kansas, What Kind of Damages Am I Entitled to When In An Auto Accident?

Tuesday, January 4th, 2011

Kansas courts provide redmedies for personal injury and traffic accident victims for obtaining compensation for damages such as pain, suffering, disability, disfigurement; mental anguish, lost wages, property damage, loss of consortium  and medical bills and other accident related expenses. These damages are recoverable from the date of the accident and under certain circumstances, for the rest of your lifetime should you be suffering from a permanent impairment or injury.

In Kansas there are limits to non-economic damages such as pain and suffering, emotional harm and mental anguish. Insurance coverage held by the wrong doer will greatly impact you ability to recover damages.

Call us today to discuss your Kansas car accident claim and obtain a free initial consultation with a Liberal Kansas auto accident attorney. Koehn & Tahirkheli, L.L.C. serves the cities of Liberal, Garden City, Sublette, Elkhart, Johnson City, Hugoton, Ulysses, Dodge City, Meade, Seward county, and serving all other communities in Southwest Kansas.

Am I Entitled To A Jury Trial Involving Traffic Court in Liberal or Other Kansas City Courts?

Tuesday, December 14th, 2010

In Liberal, Kansas and other city courts throughout the state of Kansas, these courts try a lot of misdemeanors and traffic cases.  In city courts in the state of Kansas you are not entitled to a jury trial.  You will have a trial to the bench.  Keep in mind that if you do not like that decision you may appeal it to a district court judge.

Call our Liberal Kansas traffic court attorneys to discuss your traffic court case today.

Things to Consider When You Are Injured in A Kansas Car Accident.

Sunday, December 5th, 2010

An important thing to note when dealing with insurance companies is that the insurance company may send you a letter in the mail.   At this point you do not really know where you stand as far as medical bills, repairs to your car or anything. You may receive this letter with an offer for a specific sum of money as long as you sign on the dotted line.

To a person who has just been hit by another car it seems like a lot of money and appears that it will go a long way.  However, with medical bills, car damage, and other expenses it may not be enough.  Many people make a mistake by failing to consider  what is going to happen a year from now. What is going to happen when the injury I thought I had ends up being a more severe injury?  What is going to happen when you are in rehabilitation and not working and do not have any income coming in?

If someone takes that settlement offer, they are really stuck.  They are stuck with whatever amount you agreed to at the time.  These type of settlement offers are something that people need to be really hesitant about. They really need to look at that amount of money and think about how many medical bills are going to be outstanding.

They need to weigh medical bills outstanding versus if they have health insurance or not.   They also need to consider If that amount is going to be able to help pay for their lost wages and if they’re going to have more lost wages in the future.  People really need to be hesitant when they get correspondence from the insurance company with a settlement offer.  Not all settlement offers are bad.  Some of them are okay.  Some settlement offers can get you where you need to be.

Keep in mind, the insurance companies are not in business to lose money.   They are out to make as much money as they can.  In order for them to do that, they often try to settle for the least amount of money that is going to come out of their pocket.  People really need to be aware of that that is the way they operate.  They need to be on the look out for that.

Call our law firm to speak with a Southwest Kansas auto accident attorney about your claim.

What Are The Statutory Minimum Car Accident Insurance Policy Requirements In Kansas?

Friday, December 3rd, 2010

You’ll find that 95 percent of Americans on our roads today that have insurance, they have the statutory minimums, which is 25,000/50,000, or $25,000 per person, $50,000 per accident.  If you were involved in even a halfway serious accident, that is not going to come anywhere near the amount of damages necessary to make you whole.   It is not very much more money to go and talk to your insurance agent and increase the limits to 100/250 thousand dollars.  Even an umbrella policy, which is a million dollar policy, which can also extend to your home, is only going to cost you probably another 20 dollars a month to get that extra coverage.  In the end, if you are a person that is at fault in an accident, and someone gets paralyzed, then you’re talking about a minimum of $300,000 worth of damages.   If it’s your fault, you could be on the hook for that money.  On the flip side, if your insurance only covers twenty-five thousand and they get a judgment for three hundred, you’re on the hook for $275,000.  This means if you have any assets at all, those assets are going to be taken away from you through that action.  If you can afford to, increase your insurance.   At the very least go talk to an insurance agent and find out how much it would cost to increase it.  If you are in an accident you need to really protect yourself.

You can also have underinsured coverage, which would then extend to cover damages done to you.  If the other person who hit you is at fault and they only have $25,000, that underinsured of your own insurance can then get you more money.   Along with that goes uninsured motorist coverage, which all policies have.   So if that person who hit you doesn’t have insurance, your insurance then can help pay for that money to get you where you want to be.  You really need to talk to your insurance agent and see about upping your insurance in order to protect yourself.

Contact our Liberal Kansas car accident attorneys to discuss your claim if you have been injured in a car accident.

Things To Consider When Hiring An Attorney in Kansas For A Car Accident

Wednesday, December 1st, 2010

Many of people are really hesitant to file a lawsuit. Many people will say, “We’re not the kind of people to sue”. Things often times change later down the line. Many times people will hear that they only have two years to file this lawsuit. It has now been a year and a half, and they have all these medical bills piling up. Sometimes their vehicle is still at the tow shop, or they own money to the tow company. Many people have already attempted to contact the insurance company and they’re frustrated because they don’t seem to making any headway.

That is not to say that the insurance companies won’t work with people. Handling it themselves could potentially save them money because they don’t have to let an attorney get a share of the insurance proceeds. However, it can also be harmful to them, because they would then settle for less than their case is actually worth. In essence, even though they’ve been paying an attorney money, they’re still coming out behind. They are settling for less than it’s worth.

Almost everybody comes in with a similar kind of fact scenario. They’re worried about their medical bills and they’re worried about work. Because they maybe can’t work now, they don’t have any income coming in they are struggling. Many times it is a situation where someone is living paycheck to paycheck and when they can’t get that paycheck, their whole life ceases. They can’t pay their bills, they are behind on everything, and are scared about what’s going to happen next.

There are situations where people are served for collection of a debt that is owed through a bill that’s associated with this accident. They don’t have the money to pay for it, don’t know what is going to happen in court when they go and don’t know where to turn. They just don’t know, and they can come to us. They can come in, ask us questions and we can explain to them the following: “These papers you were served are for the collection of the medical bills that was due. What is going to happen is the first hearing is that they are going to obtain all your personal information including your bank accounts and employment records and they may try to start a garnishment your wages or seize some money out of your accounts to pay for the bills”.

What is The Statute of Limitation on an Action Involving a Car Accident in Kansas

Monday, November 15th, 2010

The statute of limitations is two years for a negligence action and one year for a personal tort action. Usually that’s from the date of the accident or the date of the occurrence which gives rise to the action. For example, if somebody comes up and slugs you, you’ve got one year from the date that he hit you to file a tort action.

What to Say and Not to Say To The Insurance Adjuster Handling Your Kansas Car Accident

Monday, November 1st, 2010

If anyone ever reads their insurance policy or anything, one of the first things that the insurance company is going to tell you is to not admit fault. You don’t want to admit fault because Kansas goes under the comparative fault type standard. Basically what an insurance company looks and what is looked at if the case ultimately goes to trial is what percent fault one party is in comparison to the other party.

If your fault exceeds the other parties’ fault, then that will severely limit the amount of damages you can get. It could possibly even make it non-existent. Where as if they find out you were slightly at fault, or where you weren’t at fault at all, then it makes a better case for you. so then the possible client that was hurt in the accident can go in turn and get a better judgment or better settlement offer in that regard. James, what was your question anyway- I started going on- I know there was more I was going to say.

The other thing that is important whenever there’s an accident is that law enforcement needs to be called. Even if it’s a minor fender bender people need to not think, “Well, we really don’t need too call the police. Let’s just handle this ourselves”. In some cases they’ll be an accident and one party will say, “Hey, I don’t have insurance, let’s not call the law enforcement“. Then the other person will say, “Well, we need to call.” Then they’ll say, “Well, here I’ll agree to pay you X amount of dollars if we don’t call them because I don’t want to get into trouble.” People need to not fall into that trap of not getting law enforcement involved.

Law enforcement is a neutral third party that’s going to come in, look at the scene, look at the accident, make a report, interview witnesses, interview the people in the accident, and then we can use that to determine who’s the person that’s at fault. Who is at fault is ultimately going to determine whose insurance company should pay? Even if the person that hit you doesn’t have insurance, there are still uninsured and underinsured motorist coverage that the person that is deemed to be not at fault can collect on. So you always need to make sure law enforcement it called if you’re in an accident. No matter how big or small, if someone from law enforcement is there they will take pictures, which will be information that invaluable throughout the process of a case.

Another thing a person involved in an accident needs to make sure they do is go to a doctor immediately. Don’t ever wait. If you think you’re okay, you never know because you might have whiplash. At first you might think, “ This isn’t so bad”. However two weeks down the road when you visit the doctor because you are injured, it is not going to reflect well that so much time has gone by. It will usually be brought up in settlement negotiations that you need not go to the doctor right away. Always go to a doctor, even if you don’t think you have that big of an injury because you never know.

And that first doctor’s appointment where they might say you look okay, and that you’ve got a couple of bumps and bruises. They’re still making a report of the accident in their notes. Then later, if you go back in, for whatever reason, then they can go back to the previous report. The doctor probably didn’t go into that much depth at the time because there wasn’t an injury report at that time. It’s will likely not reflect negatively against the possible plaintiff because there wasn’t anything to start with.