Tag Archives: Kansas Car Crash Lawyer

Kansas Car Crash Lawyer Discusses “The State of Safety” Study

The National Safety Council recently released a report, The State of Safety, and its conclusions are not flattering for Kansas or its eastern neighbor, Missouri. The study looked at each of the 50 states’ laws, policies, and regulations and gave each state a “grade” based on how well these legislative and executive actions prevent accidental deaths and injuries from occurring. Missouri received the lowest scores of all 50 states – an “F
grade in the road, workplace, and home and community safety categories – but Kansas was not far behind. While the Sunflower State received a “B” in the road safety category, it received an “F” in both workplace safety (Kansas actually scored dead last in this category) and in home and community safety. Overall, eleven states including Missouri and Kansas earned an overall grade of “F”.  No state earned a grade of “A.”

What this Study Says – and What It Does Not Say

Upon initially reviewing the findings of The State of Safety report, one might be tempted to conclude that both Missouri and Kansas are dangerous places in which to live. This is not necessarily true: the study makes its conclusions based upon the laws and regulations in existence in each state and determines the likelihood of an accidental injury or death if all individuals involved followed the laws of each state. So, for example, part of the reason Missouri earned an “F” grade for road safety is because the state has no law permitting law enforcement officers to pull drivers over for failing to wear a seat belt in the absence of another traffic violation.

Nonetheless, the study and the sources it used to reach its conclusions can suggest ways in which residents and visitors to the various states are more likely to find themselves injured. Moreover, just because a person may not violate the laws of a particular state does not mean that the person’s behavior cannot be considered negligent or careless. For instance, just because a highway in Kansas has a speed limit of 75 miles per hour does not mean that it is always wise and prudent to travel at such a speed in all conditions. During inclement weather or during a wildfire in which smoke covers the highway, traveling at 75 miles per hour may, in fact, be careless or even reckless.

Are Kansas Roads and Workplaces Safe?

Kansas – like other states – sees thousands of roadway and workplace accidents each year. Whether or not you or your loved ones become victims in such accidents depends not on the existence of sufficient laws and/or regulations but rather on whether in any given moment the individuals involved exercise good judgment and act in a careful, prudent manner. While compliance with the rules of the road or with workplace safety regulations can be evidence that a person acted reasonably in a situation, such evidence is not conclusive by any means. Even when the individual who caused your Kansas crash or accident was “law-abiding,” other evidence and circumstances might show that his or her behavior was nonetheless careless or reckless.

Call Your Kansas Personal Injury Lawyer Today

If you or a loved one find yourself injured on a Kansas highway, speak with Kansas City Personal Injury Attorney Michael R. Lawless about your legal rights and whether you can recover compensation from the at-fault party. Do not believe that “lawful” behavior on the part of the at-fault party means you are not entitled to compensation. Before you accept a settlement or believe you need to pay for your expenses and losses yourself, call Michael R. Lawless, Attorney at Law at (800) 734-3771.

Kansas Car Crash Lawyer Advises of the Dangers of Lending Your Vehicle

Kansas is known for its hospitality and the willingness of individuals to lend a helping hand (even in some of the state’s larger cities). Whether it’s a cup of sugar or a few dollars to help you make ends meet, Kansans are always prepared to assist someone in need. In some cases, this might include lending one’s vehicle to help that person run an errand, apply for a job, or handle that person’s personal obligations. Does this pose any potential legal trouble for you?  Like most legal questions, the answer is a definite, “It depends.”

Individuals Responsible for Their Own Actions

A fundamental principle of our judicial system is that adults are generally responsible for the civil and criminal consequences of their own actions. This principle applies in the context of borrowing another’s car, for example: even though the car may belong to another person, a driver of a vehicle is responsible for ensuring the vehicle is properly ensured and registered before taking the vehicle out onto the street. If the driver gets pulled over, he or she cannot avoid a ticket for improper registration or not having insurance on the vehicle by claiming the vehicle belongs to someone else.

This holds true in the realm of civil law/personal injury law as well.  A person who is driving the vehicle of another and who causes injury to another driver or passenger because of careless or reckless driving may not avoid responsibility for those injuries he or she caused by claiming the car belonged to another person.

Notwithstanding this general principle, however, Kansas law also recognizes that in any personal injury accident several individuals may be to blame for the plaintiff’s injuries. In the context of lending someone your vehicle, you as the vehicle’s owner may be brought into the case as an additional defendant if:

  • Your car had defects or was not in good operating order and you knew or should have known this information and you did not disclose this information to the driver. To illustrate, if you know the brakes on your older car are not working well, you may have a legal duty to disclose this fact to another before you let that person drive your car. If that person gets into a wreck and it is determined that the brakes failed, you may be responsible. If you disclose the problem to the other person and he or she chooses to drive anyway, then he or she may have assumed the risk and be solely responsible for any crashes that result.
  • You know or should know the person shouldn’t be driving. If you lend your keys to someone who is under the influence of alcohol or drugs or who has a significant history of being involved in car wrecks, you may be partly responsible for any injuries this person causes if he or she is involved in a car wreck. In most cases, the focus will be on what you knew or should have known prior to lending your car: you are not expected to know everyone’s blood alcohol content just by looking at them, for example, but you cannot lend your keys to someone that you watched consume a six-pack of beer and not expect to escape all liability.

How Your Kansas Car Crash Attorney Helps You

 When you retain Michael R. Lawless, a seasoned Kansas Car Crash Lawyer, to assist you with your Kansas car wreck case, he will thoroughly evaluate your case and identify all parties who contributed to your crash. By holding all individuals responsible for your wreck accountable, you are in a better position to recover full and fair compensation for your losses and injuries. Call Michael R. Lawless, Attorney at Law today for help by dialing (800) 734-3771.