Car Accident Frequently Asked Questions
Injured? Call the Potts Law Firm Today
Founded in 2002 by attorney Derek Potts, the Potts Law Firm has a winning combination of proven legal experience, energy and enthusiasm.
Our aggressive advocacy on behalf of our clients has earned the respect of our peers.
Potts’ legal knowledge and expertise has earned him leadership positions in several national litigations.
Our accident lawyers have obtained significant verdicts and settlements on our clients’ behalf and successfully resolved hundreds of catastrophic injury cases.
Let our injury and accident lawyers put our legal experience and energy to work for you. For a free evaluation of your accident claim, contact us toll free at (800) 220-9341 or use our online contact form.
Based in Kansas City, Missouri, the Potts Law Firm provides a free initial consultation to accident victims in Kansas City, Missouri; Independence, Missouri; Lee’s Summit, Missouri; Overland Park, Kansas; and Olathe, Kansas.
Frequently Asked Questions
I was in an automobile accident and another driver was at fault. But the other driver’s insurance company is claiming that my actions may have contributed to the crash, too, and is bringing up something called comparative fault. Could you explain what that means?
I was in a crash with an at-fault driver who was using her cell phone at the time of the accident. Is use of a cell phone illegal?
I was involved in a car accident caused by a drunk driver. The driver had been previously convicted of DWI and only recently had his license reinstated. Should I proceed differently after a car crash caused by a drunk driver?
What should I do if I was involved in a car accident caused by an uninsured driver?
Am I supposed to report a car accident caused by an uninsured driver to the state?
I was in an automobile accident and another driver was at fault. But the other driver’s insurance company is claiming that my actions may have contributed to the crash, too, and is bringing up something called comparative fault. Could you explain what that means?
Determining the degree of fault is a critical part of resolving a car accident claim. Sometimes, more than one driver did something that contributed to a traffic accident, and two or more drivers may be partially at fault. Missouri is among the states that recognize comparative fault. The compensation you are entitled to receive depends on the degree to which you are at fault in the accident. The law is different in Kansas. An experienced auto accident lawyer negotiates aggressively with the insurance adjuster to limit the comparative fault that you are assigned. You need a comparative fault accident lawyer standing up for you if you may be partially at fault in an accident.
I was in a crash with an at-fault driver who was using her cell phone at the time of the accident. Is use of a cell phone illegal?
It’s possible the cell phone distracted the driver’s attention and contributed to the crash. If the driver was under age 21 and sending text messages, they were violating Missouri law. Texting requires drivers to take their eyes off the road. It is illegal for drivers of any age to use a cell phone to send text messages in Kansas, under a recently enacted law. Sometimes driver distraction is only revealed by an aggressive attorney’s investigation. An experienced auto accident attorney at the Potts Law Firm will obtain the cell phone records of the at-fault driver and use those records to show whether the driver was using a wireless communication device at the time of the crash.
I was involved in a car accident caused by a drunk driver. The driver had been previously convicted of DWI and only recently had his license reinstated. Should I proceed differently after a car crash caused by a drunk driver?
Good question. Drivers convicted of the first offense of drunk driving can get restricted driving privileges after a 30-day suspension. Drunk driving is a criminal offense, and the at-fault driver may face criminal charges. Repeat offenders face more serious penalties. You may file a separate civil lawsuit seeking compensation for your injuries and damages from the drunk driver who caused your accident. Driving drunk shows disregard for the safety of other motorists. The driver should be held accountable for his negligence.
What should I do if I was involved in a car accident caused by an uninsured driver?
Missouri and Kansas laws require that all motor vehicle drivers and owners have auto liability insurance. Still, many drivers are involved in crashes with uninsured drivers. Automobile insurance policies sold in Missouri and Kansas are required to include uninsured/underinsured motorist coverage. If the at-fault driver cannot pay for the damages they caused, your own insurance policy should cover the costs. But you may need an experienced auto accident attorney to negotiate on your behalf to ensure that you receive maximum compensation.
Am I supposed to report a car accident caused by an uninsured driver to the state?
Yes, Missouri law requires you to report to the Driver License Bureau any accident involving an uninsured driver if the accident happened less than 12 months ago and someone was injured or killed or the accident caused more than $500 in property damage. If the Driver License Bureau determines that the at-fault driver doesn’t have liability insurance, the uninsured driver will receive a suspension of their driver’s license.
Contact a Trusted Auto Accident Attorney
If you have been seriously injured in an auto accident caused by another driver or have lost a loved one, the car accident lawyers of Potts Law Firm offer free initial consultations about your accident and legal rights. We assist car crash victims in Kansas City, Missouri; Independence, Missouri; Lee’s Summit, Missouri; Overland Park, Kansas; and Olathe, Kansas. Our commitment and aggressive advocacy on behalf of clients has earned the respect of our peers.
For a free evaluation of your automobile accident and legal rights, contact us toll free at (800) 220-9341 or use our online contact form.
