A Driver Convicted of Reckless Driving Causes Bodily Injury: What Happens?

A Driver Convicted of Reckless Driving Causes Bodily Injury: What Happens?

By Pyle Law, Reviewed by E. Thomas Pyle February 01 2024 5:24 am

Were you injured by a driver who was charged with reckless driving at the time of the accident? If the other driver got a citation or was arrested for any crime relating to unsafe driving (reckless driving, speeding, DUI, vehicular manslaughter), that can help prove a personal injury case. Your Kansas personal injury lawyer may help you strategize your personal injury case and settlement timing to coincide with this information.

Kansas’ Reckless Driving Law

Kansas statute reads: “Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.” Reckless driving is a misdemeanor in Kansas, and the penalties include:

• First Offense: Five to ninety days in jail and/or a $25-$500 fine.
• Subsequent Offense: Ten days to six months in jail and/or a fine of $50-$500.

As you can see, despite this charge being a misdemeanor, Kansas takes it seriously and penalizes accordingly. Your personal injury lawyer can help you, again, to use the other driver’s jail time or fine for reckless driving as evidence to prove your claim.

 

Elements to Prove a Personal Injury Case

There are four things your car accident lawyer will need to prove in order to win your case:

• Duty of care—You must prove that the other person owed you some degree of care, such as following traffic laws and driving carefully.
• Breach of duty – This means that the care the other person should have given you was not handled correctly—your lawyer must show that the person failed to meet their obligation of care.
• The breach caused your injury – Connecting the other driver’s breach of care to your injury is necessary. How did, for example, their reckless driving cause your concussion and broken ribs?
• Severity of damage – Lastly, your Kansas personal injury lawyer must show exactly how much damage was caused by the other driver’s negligence. Are your injuries permanent? How much damage was done to your vehicle? 

Does Kansas Limit How Much Compensation You Can Get for an Accident?

The State of Kansas does not limit how much you can recover after an unsafe driver crashes into you. A more realistic “limit” will simply be how much insurance coverage the other driver has. So this begs the question: How much insurance coverage are Kansas drivers required?

• Uninsured Motorist – The law mandates at least $25,000/person for up to two people.
• Liability – The law requires $25,000/person per injury with a minimum of $50,000 per accident.
• No-Fault Coverage (PIP or “Personal Injury Protection”)—Kansas requires drivers to have coverage for at least $4,500/person for medical, $25/day for in-home care for injured parties, $900/month for loss of wages, $2,000 for death coverage, and $4,500 for rehabilitative services.

 

Call Our Kansas Accident Lawyers Today!

Our Kansas car accident attorneys understand the challenges of these cases and are committed to getting you the most compensation. Take the first steps towards returning to your feet after the crash by calling us now at 620-241-9000.  Book your free consultation.