Car accidents often involve split-second decisions that leave both drivers questioning what went wrong. You might have been texting while the other driver ran a red light, or perhaps you were speeding when someone pulled out in front of you without looking. When collisions involve mistakes from multiple parties, determining fault becomes complex, but being partially responsible does not necessarily eliminate your right to compensation.
Understanding Comparative Negligence Rules in Kansas City
The good news is that Missouri and Kansas both recognize that accidents rarely involve one completely innocent party and one entirely guilty driver. However, these states handle shared fault differently.
Missouri operates under a pure comparative fault system, meaning you can recover compensation regardless of your percentage of fault. If you’re found 80% responsible for an accident but suffered $100,000 in damages, you can still recover $20,000 from the other driver.
Kansas takes a more restrictive approach with modified comparative fault rules. Under this system, your negligence must be less than 50% to recover any compensation. If you are found 49% at fault, you can still recover 51% of your damages. However, if your fault reaches 50% or higher, Kansas law completely bars you from receiving compensation.
Common Car Accident Scenarios Involving Partial Liability
Let’s examine a few situations where fault is divided between drivers. For example, in rear-end collisions, the following driver usually bears primary responsibility. However, the front driver might share fault if they suddenly stopped without cause or had broken brake lights. If you sustained $50,000 in damages and were found 30% at fault in this scenario, you would recover $35,000 in both Missouri and Kansas, since your fault percentage stays below the 50% threshold.
Consider another scenario involving excessive speeding. If you were driving 20 miles per hour over the speed limit when another driver made an illegal left turn, investigators might assign you 60% liability for your speed. In Missouri, you could still recover 40% of your damages, which would be $20,000 on a $50,000 claim. However, in Kansas, your 60% fault percentage would completely prevent you from recovering any compensation.
How to Maximize Your Compensation in Shared Fault Situations
When a car accident happens and the other party accuses you of negligence, your financial recovery hangs in the balance. In these situations, you need an attorney on your side who can level the playing field and fight for the highest possible settlement on your behalf.
A specialized Kansas City injury attorney will immediately begin gathering evidence to minimize your fault percentage, including traffic camera footage, witness statements, police reports, and accident reconstruction analysis. They will also identify factors that increase the other driver’s responsibility, such as distracted driving, equipment failures, or traffic violations. They understand which evidence carries the most weight in fault negotiations and how to leverage that evidence to shift liability percentages in your favor.
Speak with a Lawyer from Dollar, Burns, Becker, and Hershewe
When someone else accuses you of causing a car accident, an attorney becomes your strongest advocate. Dollar, Burns, Becker, and Hershewe will fight for your right to maximum compensation while applying proven strategies to help minimize your percentage of fault. Contact us at (816) 876-2600 for a free consultation—our Kansas City car accident lawyers will explain your options and begin building your case strategy.