Regular readers of this blog should be familiar with the basic assertions that must be proven in a Kansas car accident lawsuit:
- The at-fault driver owed the injury victim a duty of care;
- The at-fault driver breached this duty by operating his or her vehicle in a careless or reckless manner;
- The at-fault driver’s negligent or reckless driving was the primary proximate cause of the crash; and/
- The injury victim suffered injuries, losses, and/or expenses that can be compensated with an award of monetary compensation.
Typically, it is the second element that is the point of contention in car accident lawsuits. There are many ways in which an injury victim may attempt to show that the manner in which the defendant operated his or her vehicle was careless: the injury victim may, for example, show that the defendant committed one or more traffic violations immediately before the crash. Alternatively, the injury victim may attempt to show that the manner in which the at-fault driver operated his or her vehicle was in a manner that a reasonable person would hot have done.
Employee Handbooks May Provide Additional Evidence
If the at-fault driver was engaged in the performance of his or her job duties at the time of the crash, that driver’s employee handbook and policies may provide an additional source of evidence to help establish negligent behavior. For example, suppose you or your loved one is involved in a truck collision involving a delivery truck. Suppose further that the delivery driver’s employee handbook requires that he not be on the road longer than five hours at a time without having taken an hour break. Suppose yet still that the crash occurs after the driver has been on the road for six hours without a break. While there may not be anything unlawful about the driver’s actions, the fact that he broke company policy may be relevant in determining whether he or she was negligent. In this case, the relevant inquiry will be whether an individual in the defendant’s position, with the defendant’s knowledge of company policy, would have chosen to break company policy and drive for six hours.
Obtaining Copies of Handbooks and Other Important Evidence
The fact that such information may be available in your car wreck case underscores the need to obtain legal assistance with your case as soon as possible. In some cases, important evidence needed to establish the essential premises of your case can disappear or become significantly more difficult to find and obtain if too much time elapses. A company may update its employee handbook following a crash and destroy older versions of the handbook that would have been in force at the time of your crash. If the employee is terminated, documentation showing that the employee received the handbook and had agreed that he had reviewed it can likewise be destroyed if steps are not taken quickly to preserve such documentation.
Contact Us Today for Assistance With Your Case
With years of experience handling Kansas car wreck injury cases, Michael R. Lawless is able and poised to take quick action on your behalf after your car crash. Attorney Michael R. Lawless will carefully review the facts of your case and take action to preserve important evidence that you will need to succeed in your injury case.
If you or a loved one have been hurt in a Kansas car accident, give yourself the best possible chance at recovering the compensation you need by calling Kansas Car Accident Attorney Michael R. Lawless, Attorney at Law at (800) 734-3771.