DUI Accident Injury Lawyers in Topeka

Get the help you need to maximize your claim for a drunk driving accident injury.

More than 13,000 people die per year in the U.S. as a result of drunk driving, and many more suffer serious injuries from the accidents caused.

Such injuries can be life-changing, especially if the collision happens at speed. In some cases, drunk drivers even leave the scene of the accident, making the process of seeking compensation for losses even more challenging.

The DUI accident injury lawyers at ITR Law can assess your case during a free case evaluation and help you receive the damages you deserve.

The impact of drunk driving in Kansas

Around 18,500 accidents involving alcohol occur per year in Kansas, killing over 150 people and injuring over 6,000.

Under Kansas law, a blood alcohol concentration (BAC) of 0.8 percent is the legal limit. However, impaired driving can occur at levels well below this, with concentration, speed control ability, perception, coordination, and memory all affected.

Regardless of the level of impairment of the driver, the impact on accident victims can be severe, with extreme losses suffered.

Besides the physical injuries that often require ongoing medical care and potential damage to the vehicle or other property, the experience can leave victims with emotional and mental torment from the pain and suffering caused.

The injuries can impact professional life, personal life, and social life and whole families can feel the effects of the accident.

What should you do after a drunk driving accident in Kansas?

Despite the initial shock of the incident, following a few recommended steps after a drunk driving accident in Kansas can help your recovery from the ordeal:

• Contact the police and provide details of what happened.
• If possible, before leaving the scene, gather video and photos of damage/injuries and the contact details of the at-fault driver and witnesses.
• Seek immediate medical attention (even if your injuries appear to be minor)

You should resist the temptation to post anything on social media about the accident or your injuries as insurance companies do check for information that can reduce or deny claims.

The best course of action is to contact a DUI accident injury lawyer as soon as possible after the accident Your lawyer can then handle all communications and negotiations with the insurance company.

Drunk driving-related injuries range from minor scratches and bruises to catastrophic, life-changing injuries such as traumatic brain injuries and permanent disability.

Depending on the speed and nature of the collision, driving accident injuries can lead to the following types of injuries:

• Bumps, bruises, scratches, scrapes, cuts, and punctures.
• Soft tissue injuries like strains, sprains, and torn muscles.
• Fractured or crushed bones.
• Internal injuries.
• Burns.
• Face and eye injuries.
• Head, neck, and shoulder injuries.
• Ear injuries.
• Back and spinal cord injuries.
• Amputation.
• Secondary injuries, such as infections.

Many accident injuries have the potential to exacerbate existing conditions, which makes it even more important to seek a full medical checkup after the accident even if your injuries appear to be relatively minor.

What damages can you claim after a drunk driving accident in Kansas?

Under Kansas personal injury law, victims of drunk driving accidents can recover two main types of damages: compensatory damages and punitive damages.

Compensatory damages usually include economic damages but non-economic damages can be more challenging to recover. Punitive damages are even less commonly awarded.

Economic damages

Economic or “special” damages are relatively easy to calculate because they have a defined monetary value. They cover all of the out-of-pocket and other expenses incurred due to the accident and the resultant injuries.

On the medical side of things, the following expenses are covered:

• All medical expenses, including emergency treatment, doctor’s fees, surgeries, follow-up appointments, medication, equipment, and ambulatory aids.
• Accessibility items required for your vehicle or home, such as wheelchair ramps, lifts or hand controls, widened doorways, grab bars, handrails, and other modifications.
• Physical, psychological, cognitive, and occupational therapy appointments.
• Home health care.
• Nursing home and/or rehabilitative home care.

Economic losses also include lost earnings and other financial losses due to the injuries. These include:

• Lost wages.
• Loss of earning capacity (if you can work part-time or full-time at a job that pays less).
• Reimbursement for your vehicle and any damaged items of value.

If the drunk driving accident resulted in death, the family of the deceased can also claim expenses for the funeral, burial or cremation as well as probate court fees and probate attorneys’ fees.

Non-economic damages

Non-economic or “special” damages have no monetary value and are, therefore, generally more challenging to calculate than economic damages. They are usually only awarded in Kansas if the accident results in serious injury (with some form of long-term disability) or death.

Non-economic damages include the following:

• Pain and suffering, including emotional distress.
• Loss of quality of life, e.g. the loss of mobility.
• Loss of companionship.
• Loss of consortium (a physical relationship with your spouse).
• Loss of use of a body part, such as a finger or a leg.
• Loss of use of a bodily function, such as bladder or eyesight.
• Inconvenience associated with hiring someone to do housework, garden work, etc.
• The distress associated with excessive scarring and/or disfigurement.

Punitive damages

Punitive damages are designed to punish a defendant for particularly egregious or wrongful acts. While they are rarely awarded in personal injury cases in Kansas, they are more likely in drunk driving cases than in most other types of cases because drunk driving is considered especially reckless behavior that is to be discouraged.

You will be more likely to successfully claim punitive damages if you can prove that the defendant’s actions or inactions were grossly negligent or intentional. Your personal injury lawyer can help with this and may enlist the assistance of expert medical professionals to determine what a reasonable settlement is.

Unlike most states, Kansas has no “dram shop law”. This allows the victim of a drunk driving accident to sue the establishment (a bar or other alcohol vendor) that served the at-fault drunk driver.

The main course of legal action open to a victim in Kansas is to sue the drunk driver and claim compensation through the insurance company.

Most lawsuits are settled out of court with negotiations but filing a lawsuit through your personal injury lawyer is standard practice that can help produce a favorable result for victims.

There is no legal requirement to hire a lawyer to do this but most accident victims find it beneficial to do so to protect their rights and interests and manage the entire claims process while they recover from their injuries.

If you or a loved one has been injured in a DUI accident in Topeka, speak to a personal injury lawyer at ITR Law during a free case evaluation. We can advise you of your legal options and assess how best to claim compensation for your injuries.