Archive for the ‘Kansas Car Accidents’ Category

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Healing From Automobile Accident Injuries is a Process

Monday, September 1st, 2014

Automobile accident victims know all too well that recovering from an injury, even one which was not classified as severe or life-threatening, is a process and not an event. If you have multiple injuries, your healing process may be even more lengthy and complicated. Whatever your situation, it is likely that the doctors who evaluated and treated your injuries immediately after your accident gave you some sort of idea about what you could expect to happen with your injuries as time went on.

Many times, accident victims are expected to make a full recovery from all of their injuries. Depending upon what injuries a victim has, the time frame within which they are expected to fully recover can vary greatly. Some accident victims are injured in ways which decrease the likelihood of a full recovery. Their doctors are likely to have discussed how much of a recovery they are likely to make, and how long it is likely to take them to reach that degree of recovery. For these accident victims, understanding the concept of maximum medical improvement (MMI) is an important part of obtaining recovery which is adequate to compensate them for the full extent of their injuries.

As an accident victim who is not expected to make a full recovery from his or her injuries progresses through treatment and healing, their doctors will continually evaluate their progress. Once the injured person arrives at a point where their doctors feel as though they will not make additional progress, they may be declared by their doctor to have attained maximum medical improvement, or “MMI”. While achieving MMI may take a considerable amount of time, it is important that you work towards that goal so that you can attain the best state of health that you possibly can. MMI is also an important milestone in your automobile accident injury lawsuit, because once you have achieved MMI, your attorney is able to calculate the full extent of your past damages as well as your expected future damages.

When you achieve MMI, your injuries may not heal any more than they already have, but you may have to continue with treatments like medication, stretching, or physical therapy in order to maintain the level of healing that you have been able to achieve thus far. You worked hard to get yourself to the point of maximum medical improvement, so it makes sense to continue with your doctors’ instructions for maintaining your health.

It can be hard to wait until you have achieved MMI before you settle your Kansas Automobile Accident Case. After all, the insurance company has been calling you with settlement offers and your bills are piling up. As difficult as it might be to wait it out, it could be even more difficult to discover later on that your automobile accident injury case was worth much more than you settled it for. Fortunately, a Kansas Automobile Accident Attorney can be your ally as you play the waiting game. Your attorney will deal with communicating with the insurance company, and they will help you to analyze any settlement offers that are proposed. Once you have achieved maximum medical improvement, your attorney can calculate your damages and pursue compensation which will adequately compensate you for your damages. To learn more about how a Kansas Personal Injury Attorney can help you to obtain the settlement that you deserve, please call our Wichita office today at (316) 264-1548.

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My Injuries Are Being Treated, Now What About My Car?

Thursday, July 31st, 2014

The first thing that most people are concerned about after an automobile accident is their injuries, and rightfully so. When you are hurt, whether your injuries are severe or minor, it is only natural to wonder how long you will be affected by them, and what you can expect during the process of recovery. Once you have been examined by a doctor and your injuries have been treated, you may begin to wonder about something else – your car.

The most urgent question that you are likely to have about your car after your accident is whether it can be repaired or whether it will have to be replaced. Insurance companies decide whether to pay for repairs based upon what the most financially advantageous course of action is for them. Sometimes, estimates will place the cost to the insurance company of fixing your vehicle as greater than its fair market value. At this point, it is more cost effective for the insurance company to reimburse you for the loss of your vehicle than to pay to fix it. In this type of situation, the insurance company will tell you that your vehicle is “totaled”, which means that it has been rendered a total loss.

Determinations of whether it is feasible to repair a vehicle involve estimated costs of repair and the fair market value. It is important that drivers understand what fair market value means, for that reason. A vehicle’s fair market value is the amount that a buyer could expect to pay for a similar vehicle in your geographic area. Fair market value incorporates factors like the condition of the car, its age, mileage, and features. Resources like the Kelley Blue Book, the local newspaper or online car buying websites all offer calculators for fair market value that vehicle owners can use to check the value of their car at any given time.

If the insurance company decides to fix your car, you get to decide where the car will be repaired, as long as you choose a licensed repair shop. This ensures that you can choose a repair shop which is conveniently located near where you live or work, and that you can use a mechanic that you trust, if you have built a relationship with a mechanic or shop over the years. The insurance company may even pay other costs, like a portion of sales tax, tag fees, registration fees, and storage and towing costs.

After your injuries have been attended to, it is time to address the issue of what will happen to your vehicle. Your car is an important part of your daily life, and it is important for you to get back on the road as soon as you are physically and emotionally ready to do so. Unfortunately, insurance companies can be slow to make decisions about what they will do about damaged vehicles. Getting an attorney involved can help to move the process along. A Kansas Personal Injury Attorney can help you to recover both physically and financially from your accident. To learn more about how a Kansas Personal Injury Attorney can help you to obtain the settlement that you deserve, please call our Wichita office today at (316) 264-1548.

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Kansas Personal Injury Attorney: Three Kansas Bus Accidents Happen Within Two Days

Friday, May 16th, 2014

On weekdays, parents throughout Kansas entrust school bus drivers with the task of transporting their children to and from school safely. On certain days, some children spend additional time on buses when they go on field trips, or to sporting events and other school-related activities. Most of the time, school bus rides are uneventful. Unfortunately, school buses and charter buses which carry students to school activities are sometimes involved in accidents.

This May, three separate accidents involving buses occurred within a span of two days. The first incident occurred on Thursday, May 8, 2014, south of Topeka. A car crashed into the back of a stopped school bus. Fortunately, no injuries resulted from that crash. The next morning, in Smithville, a school bus went off of the road as the driver of the bus swerved to avoid hitting a car which was in the bus’s lane. Unfortunately, seven students sustained minor injuries as a result of the crash. Later that morning, in Kansas City, a charter bus was taking children to a performance when it struck a power pole. The accident appears to have been caused by a medical condition which caused the driver to swerve onto the curb. Fortunately, none of the passengers in the bus were injured, and they were taken to the performance by another bus.

If you are a parent, these three bus accidents may have you wondering just exactly how safe school buses are. The National Highway Transportation Safety Administration has researched this issue, and has found that school buses are, in fact, the safest way for kids to get to and from school. Their research suggests that children who take the bus to school are seven times safer than those who ride in other vehicles driven by parents, family, or friends.

While those safety statistics may be reassuring, you may still be wondering how a vehicle with no seatbelts could possibly keep children safer than a car. There are some important differences between school buses and passenger vehicles which enable them to transport children safely and keep them safe in the event of a collision. One of these differences is size. In a crash, the impact of the collision is distributed throughout the entire school bus. A passenger vehicle is much smaller, so there is less area for the impact to be dispersed through. Inside the bus, school buses differ from passenger vehicles in that their cushioned, high backed seats divide the bus into compartments. These compartments reduce the amount of movement that each passenger experiences during a crash, much like the compartments in an egg carton reduce the likelihood that eggs will break by preventing them from moving around.

Fortunately, the injuries which are sustained by students in school bus accidents are usually minor. Sometimes, though, people who are not inside of the school bus are injured or killed in accidents involving school buses. Pedestrian fatalities can occur if a person is hit by the school bus, or by another driver who is passing the school bus illegally. Other injuries and fatalities can occur if a school bus crashes into a smaller vehicle. If you or someone that you love has been injured or killed in a school bus accident, an experienced Kansas Personal Injury Attorney can help you to recover both physically and financially from your accident. To learn more about how a Kansas Personal Injury Attorney can help you to obtain the settlement that you deserve, please call our Wichita office today at (316) 264-1548.

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Kansas Single Car Accidents are Dangerous and Often Deadly

Wednesday, December 18th, 2013

This past weekend, a fiery single-car crash in Santa Clarita, California claimed the life of actor Paul Walker and his racing team partner, Roger Rodas. Walker is perhaps best known for his work in the “Fast & Furious” movies.  The accident occurred following a typhoon relief charity benefit event for Walker’s non-profit organization, Reach Out Worldwide.

While not many of us drive exotic cars like the 2005 Porsche Carrera GT that Walker and Rodas were riding in at the time of their accident, their tragic, high-profile crash has sparked many discussions about single-car collisions. These discussions are important, because we are all at risk for being involved in this type of accident every time we drive or ride in a vehicle.

Single-car crashes are often deadly, with accidents involving only one vehicle accounting for a whopping sixty-five percent of all fatal car accidents in the United States.  Fortunately, many of these calamities can be avoided.  If drivers familiarize themselves with the factors that cause one-car collisions, they can reduce the danger to their own lives, as well as the lives of their passengers, by managing those risks that are within their control. Common preventable causes of single-car wrecks include speeding, distracted driving, driving while intoxicated, and drowsiness.

In addition to the risk factors which drivers are able to manage on their own, there are some things which cause single-car accidents that drivers may not be able to control or avoid. Things like the behavior of other drivers, problems with roadway design, and mechanical defects may create situations where the driver of a vehicle is not able to actively avoid a fatal crash.

The actual cause of the accident which killed Paul Walker and Roger Rodas has not yet been determined. This is very troubling for their families, friends, and fans, who desperately want to know what happened. After a fatal car crash, a definitive answer to the question of why the crash occurred can be a source of comfort for the victims’ family and friends. Absent a conclusive answer about the cause of a deadly collision, those who are mourning the loss of the victims’ lives are likely to work through a number of hypothetical scenarios in their minds, hoping to make some sense out of whatever information is available regarding the circumstances under which their loved ones perished.

When the cause of the accident which claimed the lives of Paul Walker and Roger Rodas is determined, the issue of liability will be discussed. Liability for a motor vehicle accident can be ascribed to anyone whose actions caused the accident either on their own or in conjunction with the actions of others.  For example, when occupants of a vehicle are injured or killed as a result of a mechanical defect, the manufacturer of the defective vehicle, the defective part, and sometimes even mechanics who serviced the vehicle are potentially liable to the accident victims or their next of kin for their injuries. If another driver was acting recklessly and their conduct required the driver of the vehicle that crashed to swerve or otherwise attempt to avoid hitting them, they may be liable for damages or losses caused by the accident.

After a damaging or fatal car accident, it is important that those who are responsible for injuries or lost lives are held responsible for their actions. If you have been hurt in a single-car accident, you may be able to recover for your injuries. Family members of people who were killed in one-car crashes may also be able to recover for the loss of their loved ones.  To learn more about your case, please call the Wichita office of Cummings & Cummings, LLC at (316) 264-1548.

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Winter Weather is Just One Thing to Watch Out for on Kansas Roads

Sunday, September 1st, 2013

The days are getting shorter, the nights are getting cooler, and the weather is getting more and more unpredictable. Wet leaves and rainy weather pose hazards to Kansas motorists during the autumn months, and the ice and snow of winter will be here in the not – too – distant future. Whether the roads are slick because of rain, wet leaves, ice, or snow, one thing remains constant during all seasons – many motorists fail to adjust their driving to the road conditions that are present at the time that they are traveling. This creates a danger not only for them, but for the other motorists with whom they share the road, including you.

While you may pay close attention to the look and feel of the road surface while you are driving, you cannot always be assured that other drivers are taking the same precautions. Research has actually shown that many more drivers than you might think fail to adjust their driving to slippery road conditions by doing things like increasing the distance between their vehicle and the vehicle in front of them and reducing their speed. In fact, the other drivers with whom you share the road may pose an even greater hazard to you and your family than the actual road conditions themselves.

As you might imagine, the beginning of the winter driving season is the time during which the most accidents occur. As the weather transitions from fall into winter, drivers must adapt to the changes in road conditions. This often takes some time, and unfortunately, creates an even greater risk of accidents and injury as this adaptation occurs. Another complicating factor is that at the start of the winter driving season, inexperienced drivers who have yet to drive on icy or snow covered roads are learning first – hand what it is like to drive in those conditions. This creates additional risk for them, and for you, if you are sharing the road with them.

While you may not always be able to protect yourself from the risks posed by wet roads, ice and snow, and other drivers who are driving badly, knowing the risks can help you to be more aware of exactly what it means to be driving in Kansas during the fall and winter months. If you are involved in an accident, be sure to get help right away if you are injured. Also, do not speak to anyone from the other motorist’s insurance company. They do not have your best interest in mind, and they are hoping to resolve your claim as quickly and cheaply as possible, perhaps even before the full extent of your injuries and the damage to your vehicle have been determined. Contact a Kansas automobile accident attorney right away to ensure that your rights and interests are protected every step of the way.

The knowledgeable Kansas auto accident attorneys at Cummings & Cummings, LLC know that many drivers of passenger vehicles put other motorists at risk when they fail to adjust their driving to the weather conditions at hand, especially during cold and snowy winter weather. If you have been injured in an automobile accident, our dedicated team of Kansas automobile accident lawyers will work diligently to obtain the compensation that you need to recover both physically and financially from your accident.  We have over 30 years of combined litigation experience so contact us today at (316) 264-1548 to learn about your rights and options.

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How Can You Minimize Your Risk of a DUI Conviction in Kansas?

Saturday, December 22nd, 2012

When drivers are stopped for DUI in Wichita or the surrounding areas of Kansas, it can be a terrifying experience.  Everyday upstanding citizens from all walks of life are cited or arrested for DUI, including professionals, police officers, judges, teachers and those in virtually all occupations.  When you are stopped by the police and know you have been drinking, there is an understandable tendency to panic.  However, the way you respond when you are pulled over by a law enforcement officer can play a significant role in determining whether you spend the night at home or in a county jail cell.  At the Sedgwick County DUI defense law firm of Cummings and Cummings, we see many clients that make critical errors because they are overwhelmed by stress and fear during a traffic stop after consuming alcohol.  We have provided a number of answers to common questions we see about how to handle a DUI stop.

Take a Deep Breath and Relax: This suggestion is far more important than you might think when it comes to avoiding a DUI arrest and/or conviction.  Drivers often presume that most DUI stops all proceed along a fixed pattern: (1) stop, (2) discussion, (3) field sobriety testing, (4) breath testing of BAC and (5) arrest.  Many times when officers pull over a driver, they do not have sufficient legal justification to conduct BAC testing or field sobriety testing.  The officer will look for physical signs of intoxication like watery red eyes, slurred speech or the odor of alcohol to justify initiating a DUI investigation.  If you act unusually nervous or evasive, the officer may attempt to use this to justify prolonging the stop and investigating further.

Do Not Be a Chatty Kathy: This may be the biggest mistake made by motorists stopped by police in Sedgwick County.  Many people assume that if they are cooperative the officer will be more likely to let them go.  The exact opposite is true!  If you admit to drinking, using prescription drugs or consuming a controlled substance, the officer will often use this information to initiate a DUI investigation and present this information in court.  While you must provide your Kansas driver’s license when lawfully stopped, you do not have to answer questions about where you are coming from or whether you have been drinking.  One way to handle these questions is to indicate you would like to speak to an attorney before answering any questions.  It is also worthwhile to ask if you are free to leave.

Just Say No: The officer may ask you to submit to field sobriety testing or a field blood alcohol concentration (BAC) breath test.  If you have had anything to drink or taken any form of drug prior to driving, you should respectfully decline to participate.  These tests are used to establish probable cause for a DUI arrest.  Voluntarily participating in these tests in the field may provide additional evidence against you while offering no benefit to you.

Be Courteous: While law enforcement officers are not supposed to arrest you for being rude, they are normal people who may be controlled by their emotions.  If you are argumentative and verbally hostile, this may escalate a situation and give the officer reason to look extra close for a reason to arrest you.

Admittedly, these suggestions are simple and fairly straightforward, but many motorists fail to observe these practices when overwhelmed by the stress of flashing red lights and an armed police officer.  If you or a close family member have been arrested for DUI, experienced Sedgwick County DUI defense attorney Bill Cummings provides a diligent defense to protect his clients from the harsh penalties of a Kansas DUI conviction.  We offer a free initial consultation that is absolutely confidential so call us today at 316-264-1548 to learn how we can hel

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What You Can Expect With Holidays and DUIs This Year

Tuesday, November 13th, 2012

In our lives there are very few things that we can expect, and predict to go a certain way from start to finish. While there are only a few that can be expected there are many occasions, and instances in our lives that we not only cannot expect, but when we have the opportunity to do so never can truly predict what its outcome may be. Holidays are an aspect of the year that we can expect to occur seasonally, which we can expect to either celebrate with our friends, or family.

Alcohol’s Place During The Holidays

Unfortunately, however, we cannot always predict how a holiday will be celebrated, and the outcome of things taken to the extreme. Soon to come pertaining to holidays is that of Thanksgiving, Christmas, and New Years. During these three holidays one can assume a few factors such as travel, great food, enjoyable fellowship, and probably that of alcohol. Alcohol is one substance that always seems to have a spot on the guest list at many holiday functions regardless of whether it has to do with your family, friends, or co-workers. Yet, holidays are just like normal days within the year that can be full of potential for an accident, or mistake to occur.

During the holiday season each year we see an increase of DUI related crimes, or accidents that take place all over the country. From individuals simply driving erratically to that of serious auto accidents taking place alcohol is one aspect of a holiday that can negatively affect you and your loved one’s holiday season now and for years to come. Aside from the danger an individual puts themselves in when driving under the influence they face serious legal consequences that can affect their lives now, and later on multiple levels such as legally, personally, and professionally.

This holiday season make sure that you have a great time of food and fun with your friends and loved ones. However, make sure that when alcohol is present that it is drunken modestly if you know you will be traveling on the roads later, or have a designated driver in place.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C.
129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

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How Your DUI Effects Your Future

Tuesday, November 6th, 2012

Our lives are full of mistakes that constantly are occurring each and every day. When we deal with our mistakes we deal with the cause, the accident, and the eventual effect, which all vary on many different levels. One mistake that many individuals make today is that of driving under the influence. When an individual gets behind the wheel of a vehicle under the influence of either drug substances, prescription medication, and most commonly that of alcohol they are putting their lives at danger, and the lives of other innocent motorists and pedestrians alike.

Your Desk and DUI Coming Face-To-Face

While many individuals are familiar with the physical damages and legal consequences that they can face when involved in a DUI related accident, or are found to be driving under the influence, are you actually familiar with the implications a DUI charge, or conviction has when dealing with the professional aspect of your life? When charged or convicted with a DUI crime you can expect that discrepancy to be apparent, and present on your permanent legal record, which can be seen when a company, or organization runs background checks. Yet, how does this actually hinder you from many future employment opportunities?

Many companies, businesses, and organizations today will not hire an individual that has a past criminal discrepancy such as a DUI crime. On your application for employment you can expect to be asked whether or not you have had a past criminal charge, with additional questions pertaining to later follow. Think you can simply put “None”, and you are all clear? Think again. As stated previously it is a routine part of interviewing prospective employees to run a background check that shows whether or not there are actually any legal discrepancies or not. Today, it is more important than ever to have a position of employment, especially with the country still dealing with that of an economic recession.

Make sure that you do not have to deal with this issue in the future by contacting an experienced, and understanding DUI attorney when you have either made the mistake of having a little too much to drink and getting behind the wheel, or have been falsely accused of driving under the influence.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C.
129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

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Lab Errors Result in Over 50,000 DUI Cases Being Reexamined

Thursday, September 20th, 2012

Today, driving is an average portion of our lives, which we participate in almost everyday. Unfortunately, driving behind the wheel under the influence of alcohol, prescription medications, and other substances is also average within the United States. When an individual under the influence gets behind the wheel of a motor vehicle they are not only putting themselves at risk of being involved in a serious automobile accident, but also other innocent people on the road as well. However, when it comes down to that of a DUI crime can you always count on crime and forensic labs to produce accurate results?

The Purpose of Forensic Labs

Crime and forensic labs are there for many different purposes. However, when it comes down to a DUI crime the majority of the time they take and analyze blood samples, perform urinalysis tests, and other testing methods in order to check the blood alcohol content of an individual, or if there were in drugs present in their system.  Usually, these tests are very procedural and have to be done in a specific order and evaluated in a specific way in order to convey true, and accurate results.

A Purpose Being Undermined

Recently, unfortunately, one crime lab failed to properly administer, and accurately examine blood samples, and urine tests, which has now caused nearly 50,000 DUI cases to be reexamined. The report dealing with the issue stated that the majority of the issues derived from one forensic analyst who was basically just sloppy with his work, and mishandled samples, as well as drugs within the lab. Currently, other lab analysts are quickly going back through the analyst’s work in order to make sure that those who were convicted of a DUI as a result of lab work were actually under the influence.

While accidents, and mistakes on our part are a common aspect of life that we deal with everyday it should not be existent within a crime lab. Make sure that when you are charged with a DUI crime to contact an experienced DUI attorney in order to fight for your rights, your case, and your life. Without one you can easily be convicted of a crime you did not commit and live with consequences now, and the rest of your life.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

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Understanding Underage Drinking

Thursday, September 6th, 2012

Alcohol, today, is a very present aspect within our society. Whether you actually notice it or not alcohol is everywhere whether it is on advertisements, in your grocery store or convenience store, and even when you sit down for dinner at a restaurant; it’s there. However, alcohol today can also be present elsewhere such as that of underage individuals. In recent times, underage drinking has not only begun to occur more frequently, but has ultimately skyrocketed within the past few years. However, do those under the legal age of alcohol consumption actually understand the potential consequences they face when drinking, as well as when doing so behind the wheel of a motor vehicle?

The Facts of Underage Drinking

If you were to either go to a high school classroom, or a class full of college freshman and asked “Who in here has ever consumed alcohol?” would you be surprised that not only half, but the majority of the class would probably raise their hand? Studies today show that alcohol is now very commonly used amongst teenagers, and young adults under the age of 21. When students go to college they are faced with many different aspects than they were at home, such as the “everyone’s doing it” factor.

College Meets Consequences

Unfortunately, many individuals within this age range do not truly understand what the outcome of alcohol can be. When an individual under the age of 21 consumes alcohol and gets behind the wheel of a motor vehicle they put not only themselves, but also others, and especially their future at risk. Many times, students within a collegiate setting that are charged, or convicted with a DUI can have their scholarships revoked, not be allowed further transportation registered at that campus, and can even be removed from the university. Unfortunately, this impacts a student’s future greatly, which can follow them for many years to come. A DUI charge and conviction can always interfere with post-graduate studies such as medical school, law school, and graduate schools.

Make sure that you take the time out of your day to discuss alcohol with your teenager, or young adult and explain what alcohol actually is, and the negative affects it causes, especially behind the wheel of a motor vehicle.

For a free consultation with one of our experienced Kansas auto accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.

We Offer Full Bilingual Services for Croatian-Speaking Clients

Personal Injury Cases are Taken on a Contingency-Fee Basis You Pay No Attorney’s Fees Unless We Win Compensation For You

Free Consultations Evening & Weekend Appointments Available Visa & MasterCard Accepted

Cummings & Cummings, L.L.C. 129 East 2nd Street Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704

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