Auto Accident Injury in Wichita, KS
Kansas follows a no-fault insurance system, meaning your insurance typically covers medical expenses up to a certain amount, regardless of who caused the crash. But if your injuries are serious, you may have the right to file a claim against the at-fault driver for additional damages.
This guide will walk you through what to do after a crash in Wichita, explain the relevant laws, and help you understand how to recover compensation for your injuries, vehicle damage, and more.
You also need an auto accident attorney who understands the laws in and around Wichita, KS that will fight for your legal rights and help you receive the financial compensation you deserve.
Auto Accident Injury Statistics in Wichita, Kansas
In 2023, Wichita experienced over 10,000 traffic accidents, marking a significant concern for road safety in the city. Notably, the East Kellogg Drive and South Rock Road intersection was identified as the most accident-prone, with 99 crashes reported during the year. Other high-risk intersections included Kellogg Drive and South Seneca Street (81 crashes) and Kellogg Drive and South Broadway Avenue (45 crashes).
Statewide, Kansas reported 59,865 traffic crashes in 2023, resulting in 387 fatalities and 13,822 injuries. Of the fatalities, 51.3% of occupants were not properly restrained, highlighting the critical importance of seatbelt use.
What to Do After an Auto Accident
The minutes and hours following a car accident can be overwhelming—but what you do next plays a crucial role in protecting your health, your finances, and any legal claim you may pursue. Whether the crash occurred on I-135, Kellogg Avenue, or near downtown Wichita, following a clear process helps ensure you don’t miss any critical steps.
Receive Immediate Medical Attention
Getting prompt medical care after a car accident in Wichita isn’t just smart—it’s essential for both your health and any potential injury claim. Some injuries, like concussions, internal bleeding, or soft tissue trauma, may not show symptoms right away. Delaying treatment could not only worsen your condition but also make it harder to prove that your injuries were caused by the crash.
Kansas is a no-fault insurance state, which means your own Personal Injury Protection (PIP) coverage typically pays for medical expenses and lost income after an accident, regardless of who was at fault. However, under Kansas Statutes § 40-3107, to qualify for those benefits, you must seek medical attention promptly and follow through with treatment.
File a Police Report
Filing a police report after a car accident in Wichita, KS, is both a legal requirement and a practical necessity. According to Kansas Statutes Annotated § 8-1604, you must report any crash that results in injury, death, or property damage of $1,000 or more. In most cases, this means nearly every accident involving another vehicle should be officially reported.
Gather the Appropriate Documentation
If you’re able and it’s safe, begin collecting the following while still at the crash site:
- Driver and Vehicle Information
- Names, addresses, phone numbers, and email addresses of all drivers
- Driver’s license numbers and issuing states
- Insurance providers and active policy numbers
- Vehicle make, model, year, color, license plate number, and VIN
- Photo and Video Evidence
- Damage to all vehicles from various angles
- Traffic signs, signals, and road conditions (e.g., potholes, skid marks, lighting)
- Weather and visibility at the time of the crash
- Any visible injuries or debris at the scene
- Position of vehicles before they are moved
- Witness Statements
- Names and contact info of any witnesses
- Ask if they’re willing to give a short written or recorded statement about what they saw
Recovering Damages After an Auto Accident Injury
Under Kansas’s no-fault insurance system, your own Personal Injury Protection (PIP) coverage pays for certain economic losses like medical bills and lost wages, regardless of who caused the accident. PIP benefits generally include:
- Up to $4,500 for medical expenses
- Up to $900/month for disability/lost income
- Up to $2,000 for funeral expenses
- Survivor’s benefits and in-home services, if applicable
However, if your injuries meet the “threshold” for serious injury, as defined under K.S.A. § 40-3117, you may step outside the no-fault system and file a claim or lawsuit against the at-fault driver. This includes cases involving:
- Permanent disfigurement or disability
- Fractured weight-bearing bones
- Loss of body function
- Medical expenses exceeding $2,000
- Death
Auto Accident Laws in Kansas
Liability Laws for Wichita
Kansas follows a modified comparative fault rule under K.S.A. § 60-258a. This means:
- If you are 50% or more at fault, you cannot recover damages.
- If you are less than 50% at fault, your compensation is reduced by your percentage of fault.
For example, if you’re found 20% responsible for the crash and awarded $100,000, you would receive $80,000.
Statute of Limitations in Wichita
Under Kansas Statutes § 60-513, the statute of limitations for filing a personal injury lawsuit, including those related to motor vehicle accidents, is two years from the date of the accident.
Work With an Experienced Auto Accident Lawyer Near Wichita, KS
A skilled Wichita car accident attorney can guide you through every step, from filing your initial PIP claim to determining whether your injuries qualify you to seek additional compensation from the at-fault driver. They’ll help you document your damages, handle negotiations with insurance companies, and ensure your case is filed before time runs out.
After a car accident, you have enough to worry about. We can help you find an auto accident attorney for your unique case. Get the financial restitution that you deserve if you’re the victim of someone else’s conduct.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in Kansas!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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