As a personal injury lawyer, I know there is no such thing as a “slam dunk” car accident lawsuit. Judges and juries can sometimes be unpredictable – and even wrong. That said, there are some car crashes where the blame falls squarely on the shoulders of one driver. Think of a distracted or texting driver who rear-ends a car stopped at a red light; the drunk driver who runs through a stop sign and T-bones another vehicle; the speeding driver who loses control and plows into a nearby car.
But in many car crashes, there is plenty of blame to go around. If you suffered injuries in a car accident and seek compensation from the driver you claim was at fault, their response may be that the accident was, at least in part, due to your own actions. And if a judge or jury finds that they are correct and that you bear some of the responsibility for the crash, what happens to your claim for damages? Are you entirely out of luck if you’re partially at fault?
The answer depends on where the accident occurred and how much responsibility you bear for the crash.
The Doctrine of “Comparative Fault”
Often, an accident occurs because of the combined negligence of both drivers, each contributing to the collision in their own way.
For example, a driver who stopped suddenly and unexpectedly may have had a broken brake light when they were rear-ended by another driver who was tailgating. If the brake light was working, perhaps the crash wouldn’t have happened. If the driver of the second car wasn’t following way too closely, they might have been able to stop before impact. In situations like this, the driver in the rear car may have a defense or a partial defense to the injury claims. However, the injured lead driver may still be able to obtain compensation based on the doctrine known as “comparative fault.”
Missouri’s Comparative Fault Rule
In 1983, Missouri adopted a “comparative fault” rule, also known as “proportionate responsibility,” for personal injury and wrongful death claims. Under this rule, which 11 other states also apply, a plaintiff found to be partially responsible for a car accident can still obtain compensation for their injuries and losses. But the amount of damages they would otherwise get if the other driver was 100 percent at fault will be reduced by the percentage of their responsibility for the crash.
Here’s how it works. A jury finds that an injured car accident plaintiff incurred $200,000 in damages for their injuries and losses. But the jury also concludes that the plaintiff was 25 percent at fault for the accident, while the other driver was 75 percent at fault. That award of $200,000 in damages would then be reduced by 25 percent, still allowing the plaintiff to recover $150,000 in damages from the defendant.
In Kansas, You Cannot Recover Damages If You Were More At Fault Than The Other Driver
Kansas also has a comparative fault rule, but there is one critical difference between how the rule is applied in each state. A plaintiff who could recover under Missouri law is barred from receiving any compensation in Kansas if they were 50 percent or more at fault for the accident. In Kansas, if a judge or jury finds that you were partially to blame, you can still recover damages, but only if they conclude that your percentage of fault was 49 percent or less.
Specifically, K.S.A. 60-258a provides that “the contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence… if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made…”
Simply put, if the crash was more your fault than the combined fault of the other driver or any other defendant, you are out of luck in Kansas.
Don’t Presume You Have No Case – Let’s Talk First
You are not a judge, you are not a jury, and you are not an experienced car accident attorney. Even if you feel that you may have been partially at fault for your accident, there is a good chance you may still be able to obtain compensation for your injuries. The best way to find out is to schedule a free initial consultation with me. We can review the facts and circumstances of your accident and injuries and determine the best way to proceed.
Please reach out to me today at 816.931.1400 to arrange for your free consultation. I welcome the opportunity to help you.
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