What If I’m Partially at Fault in a Kansas Car Accident?

A common belief after an accident is that any admission of responsibility—from a moment of distraction to exceeding the speed limit—bars you from receiving financial compensation. This is a critical misunderstanding.

Under Kansas law, a system known as “modified comparative fault” allows you to recover damages even if you share some of the blame, as long as your level of fault is determined to be less than 50%. This legal principle is fundamental to how personal injury claims are resolved across the state, from Topeka to Manhattan.

Understanding Shared Fault in a Kansas Car Accident

When more than one person is responsible for an accident, Kansas uses a legal rule called “modified comparative fault.” This might sound complicated, but the idea is fairly simple. It is a system that compares the fault of everyone involved to determine who pays for the damages.

Under the Kansas Statutes §60-258a, you can still recover money for your injuries as long as your percentage of fault is less than 50%. If your fault is determined to be 50% or more, you are barred from recovering any compensation from the other parties.

Here is how it works in practice:

• Investigators will look at the evidence to assign a percentage of fault to each driver involved in the crash.
• If you are found to be less than 50% at fault, the total amount of your compensation will be reduced by your percentage of fault.
• For example, if you have $100,000 in damages but are found to be 20% at fault, you could still receive $80,000.

This system allows for a fair distribution of responsibility, acknowledging that multiple factors can contribute to a single collision.

How is Percentage of Fault Determined?

Figuring out the exact percentages of fault is the most critical and often the most contested part of a personal injury claim. After an accident, the other driver’s insurance company will launch its own investigation. Their goal is to pay out as little as possible, which often means trying to shift as much blame onto you as they can. They are not on your side, and their determination of fault is not the final say.

A thorough investigation is needed to establish a more accurate picture of what occurred. Several key pieces of evidence are used to assign fault:

1. The Official Police Report: While not always the final word, the report filed by the responding officer provides an initial summary of the incident and any citations issued.
2. Witness Statements: Independent witnesses who saw the accident can provide objective accounts that support or challenge the drivers’ stories.
3. Physical Evidence: This includes photos of the vehicle damage, skid marks on the road, and pictures of the accident scene, such as a busy intersection like Gage Boulevard and Huntoon Street in Topeka.
4. Kansas Traffic Laws: Violations like running a stop sign, failing to yield, or speeding are strong indicators of fault. According to the Kansas Department of Transportation, thousands of crashes each year are caused by drivers failing to follow basic traffic rules.

All of this information helps build a complete story of the accident, which is necessary to argue for a fair assessment of fault.

Why You Shouldn’t Admit Fault After an Accident

When you’re back home after an accident, you can expect a call from the other driver’s insurance adjuster. It is crucial to be very careful in this conversation. Insurance adjusters are trained to ask questions designed to get you to say something that can be used against you.

Even a simple “I’m sorry” can be twisted to sound like an admission of guilt. You may not know all the factors that led to the crash, so it is best to stick to the facts you are certain of. You can protect your rights by following a few simple guidelines:

• Avoid giving a recorded statement to the other party’s insurance company without first speaking to an attorney.
• Do not guess or speculate about your speed, the timing of events, or what the other driver was doing.
• Never downplay your injuries by saying “I’m fine” or “It’s not that bad.” The full extent of some injuries may not be apparent for days or even weeks.

It is always better to be cautious and protect your ability to tell your side of the story accurately when the time is right.

How a Kansas Car Accident Attorney Can Help When You’re Partially at Fault

When you are facing a situation where you might be considered partially at fault, having a dedicated legal advocate is invaluable. A personal injury attorney’s role is to stand up for you, making sure the insurance company treats you fairly and that the percentage of fault assigned to you is accurate and justified. They work to protect your right to compensation.

An experienced legal team can help level the playing field by:

• Performing a detailed, independent investigation into the crash to uncover all the facts.
• Gathering crucial evidence, such as witness statements, traffic camera footage, and cell phone records.
• Handling all communications with the insurance companies so you don’t have to worry about saying the wrong thing.
• Negotiating forcefully to minimize any percentage of fault assigned to you and maximize your recovery.
• Accurately calculating all of your damages, from current medical bills and lost wages to future care and your pain and suffering.

Having a skilled representative who understands the local courts in Topeka, Lawrence, and Manhattan can make a significant difference in the outcome of your case.

What Kind of Compensation Can I Receive?

Even if you are found partially responsible, you may be able to recover financial compensation, known as damages, for the harm you have suffered. These damages are typically divided into two categories. The first is economic damages, which cover your financial losses, such as medical bills, lost income from being unable to work, and the cost to repair or replace your vehicle.

The second is non-economic damages, which compensate you for the personal, non-financial impact of the accident. This can include physical pain and suffering, emotional distress, and loss of enjoyment of life. The final amount is calculated and then reduced by your percentage of fault.

Contact Palmer Law Group Today

Worrying about being partially at fault in a car accident only adds to your stress. Please remember, in Kansas, a minor mistake does not erase your right to hold another party accountable for their share of the blame. At Palmer Law Group, we understand what you are going through. Our attorneys have been serving clients throughout Kansas from our offices in Topeka and Manhattan since 1980.

We believe that you deserve a team that will fight tenaciously for you every step of the way. Let us focus on your case so you can focus on healing. If you or a loved one has been injured in an accident, don’t let uncertainty stop you from exploring your options.

Contact Palmer Law Group today at (785) 363-9867 or through our online form for a free case consultation. Our Topeka car accident lawyers are here to listen to your story and explain your rights.