Understanding Comparative Fault Rule In Kansas And Missouri Automotive Injury Cases

In this article, you can discover…

• How comparative fault in car accidents applies in Kansas and Missouri.
• Who decides fault in a negligent car accident case.
• How an experienced car accident attorney can help defend your case.

What Is The Comparative Fault Rule, And How Is It Applied In Kansas And Missouri Car Accidents?

Comparative fault dictates that the portion of fault you share for your car accident, in some way, impacts the damages that you can receive.

In Kansas, the law states that your damages are reduced by the percentage of fault a jury determines you share for your accident, so long as you are less than 50% at fault. For example, if you are found by a jury to be 30% at fault for your accident and would have been awarded $100,000 if you shared no fault, your award would be reduced by 30%, leaving you with $70,000.

However, should you be found to be 50% or more at fault for an accident in Kansas, you’ll walk away with nothing.

In Missouri, however, there is no such percentage limit. You can receive damages even if you are 99% at fault for an accident, though your damages will likewise be reduced by 99%. For example, in a Missouri case worth $100,000 had you shared no fault for the accident, a case where you are found to be 99% at fault would allow you to walk away with $1,000.

Who Determines The Percentage Of Fault In A Kansas Or Missouri Auto Accident Case?

A jury will determine the percentage of fault that you may have shared in your auto accident. In both states, you and your attorney will present your case to a jury. They will examine the facts of your case, consider the choices made by each driver, and determine how responsible you and the other party were for the accident.

For example, imagine you and another driver are both running a red light, and the other driver turns in front of you, causing an accident. A jury will likely find that both of you are at fault, as neither of you should have been running a red light. However, the driver who turned in front of you would share more responsibility for the collision, allowing a jury to perhaps find you 10% responsible and the other party 90% responsible for your accident.

Attorney Darren Fulcher is an experienced, hard-working car accident attorney serving Kansas and Missouri. Since 1998, he’s helped clients just like you understand comparative fault, demonstrate the other party’s liability, and walk away with the damages they deserve.

Have questions, or in need of legal help? Reach out to The Fulcher Law Firm, for an initial consultation today.

Call For A Free Consultation - (816) 203-0005

How Can A Car Accident Lawyer Prove The Other Driver Was More At Fault?

An experienced car accident lawyer can delve into the details of your case, find evidence of the other party’s negligence, and present this evidence convincingly to a jury.

In a recent case I handled, my client was in heavy traffic, driving an older SUV, and crossed a median with solid yellow lines to get to a designated left turn lane. Another driver in a low-profile vehicle came out of a parking lot and went across multiple lanes and the same solid line. As this second driver turned left, he hit my client.

The insurance company claimed that both parties were equally at fault, but I argued that had the second driver not crossed two lanes of traffic and a solid yellow line (regardless of what my client was doing), no accident would have occurred. What’s more, he was in a low-profile vehicle and had no excuse not to see my client.

Had my client gone to anyone else for his case, he would not have been compensated for damage to his vehicle or his personal injuries. But by carefully examining the facts of his accident, I was able to determine that even if my client had been driving down the median, he could have turned either left or right from that space and had not violated any traffic laws. That’s the difference a good attorney can make.

How Do You Prepare Clients Emotionally For The Possibility They Might Share Partial Fault?

Honesty is the best policy, and I explain to each client that the way they perceive their accident may not be the way a judge or a jury sees their accident. Having said that, car accidents can be incredibly stressful. I understand what you’re going through; I’ve seen it and lived it myself, and understand how painful an accident can be.

This is why, at The Fulcher Law Firm, we’ll work hard to get you the best outcome possible for your case and make sure a jury clearly understands the full context of your accident and your losses. If you’ve been in a car accident, even if you may share some degree of fault, please reach out to us for a case evaluation.

Still Have Questions? Ready To Get Started?

For more information on comparative fault laws in Kansas and Missouri, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (816) 203-0005 today.