Gabriela Quijas v. Gene R. White and Werner Enterprises, Inc.

Kansas City, Kansas personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.



Kansas Auto Negligence Law: Key Points



Kansas auto negligence law follows a modified comparative negligence system, meaning that your ability to recover damages in an accident depends on your own percentage of fault. Here's a breakdown of the key points:



Fault and Damages:



50% bar: If you're found to be 50% or more at fault for the accident, you cannot recover any damages from the other driver.

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Gavel and Sounding Block

Reduced damages: If you're less than 50% at fault, you can recover damages, but your award will be reduced by your percentage of fault. For example, if you're 30% at fault and the other driver is 70% at fault, you would receive 70% of your total damages.



Proving Negligence:



To prove negligence in a Kansas auto accident, you must establish the following elements:



Duty of care: The other driver owed you a duty to act like a reasonable driver under the circumstances.

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Driver Yielding Sign

Breach of duty: The other driver breached their duty by acting unreasonably, such as speeding, driving under the influence, or failing to yield the right of way.

Causation: The other driver's breach of duty caused your injuries or damages.

Damages: You suffered actual damages, such as medical bills, lost wages, or pain and suffering.



Additional Important Aspects:



Minimum insurance requirements: Kansas requires drivers to carry $25,000/$50,000 in liability insurance coverage per accident.

Statute of limitations: You have 2 years from the date of the accident to file a lawsuit.



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Settled for an undisclosed sum and dismissed with prejudice.