We at Foster Wallace, LLC frequently encounter this question from our clients: “If I share some of the blame for a car accident, can I still recover compensation?” The answer lies within the nuanced framework of Missouri and Kansas’s negligence laws.
Comparative Fault and Contributory Negligence in Missouri
Missouri adopts the principle of “pure comparative fault.” This principle allows you to recover damages even if you are partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. In some states, if you are found to be even slightly at fault for a car accident, you may be barred from recovering compensation. This is known as 'contributory negligence.' However, Missouri follows a more lenient rule called 'pure comparative fault.' This law allows injured parties to recover damages even if they were 99% at fault for the accident..jpeg)
Under the pure comparative fault rule, the compensation you receive is reduced by your percentage of fault. For example, if you suffered $100,000 in damages and were found to be 20% at fault, you would only recover $80,000 - the total damages minus the percentage that corresponds to your fault.
Unlike Missouri’s “pure comparative fault” principle, Kansas adopts a “modified comparative negligence” rule. This rule allows you to recover damages if you are partially at fault for the accident, provided your fault is less than 50%. However, like Missouri, your compensation will be reduced by your percentage of fault.
For example, if you suffered $100,000 in damages in a Kansas car accident and were found to be 30% at fault, you would only recover $70,000 - the total damages minus the percentage that corresponds to your fault. But if you were found to be 50% or more at fault, you would not be able to recover any damages.
Determining Fault
A crucial step in the pure comparative fault process is determining the degree of fault for each party. This is usually a point of contention and often relies heavily on evidence from the scene of the accident, witness statements, police reports, and, in some cases, expert testimony.
It's crucial to note that insurance companies might attempt to assign more blame to you to minimize the amount they need to pay. Hence, having an experienced personal injury attorney on your side is beneficial in challenging such claims and negotiating fair compensation.
How a Personal Injury Lawyer can Help
At Foster Wallace, LLC, our seasoned personal injury attorneys can guide you through the complexities of both Missouri and Kansas’s comparative fault systems. We strive to ensure your percentage of fault is accurately represented and that you receive the maximum compensation to which you're entitled.
In addition to gathering evidence and determining fault, we handle negotiations with insurance companies and opposing counsel and represent you in court, if necessary. We understand the implications of a car accident on your life and work tirelessly to advocate for your rights.
While being partly at fault for a car accident in both Kansas or Missouri does not necessarily preclude you from receiving compensation, it can significantly affect the amount of compensation you’re eligible to receive. As such, it is in your best interest to consult with a knowledgeable personal injury attorney to understand the full implications of your situation.
