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If you were involved in a car accident and think you may share some blame, you might be wondering whether you still have a case. Many people assume that even a small mistake ends their right to compensation, but that isn’t always true.
In both Kansas and Missouri, the law allows injured drivers to recover compensation even when they share some responsibility for a crash. This is because of a legal concept known as comparative fault. Under this rule, the court looks at everyone’s actions and assigns a percentage of fault to each party. Your recovery may be reduced, but it is not necessarily eliminated.
Being in a partially at-fault car accident means more than one driver contributed to the crash. Fault is rarely all-or-nothing.
Common examples include:
Sometimes there are multiple contributing factors that led to the collision. For example, one driver may have been speeding while the other made an unsafe turn. In those situations, both may share responsibility.
A comparative fault car accident claim looks at the actions of everyone involved and determines each driver’s role.
A partially at-fault car accident is evaluated under comparative negligence rules. In Kansas, this is called comparative negligence. In Missouri, it is called comparative fault.
Insurance companies and courts assign a percentage of fault to each party. This process is known as fault determination and involves a careful liability assessment. Evidence like crash reports, photos, and witness statements matters greatly when fault is disputed.
In a shared fault accident claim, even small details can change how much money you receive.
Kansas follows a modified comparative fault rule. This means:
So in a partially at-fault car accident, your percentage of fault is critical. If you are 49% at fault, you may still recover 51% of your damages. But at 50%, recovery stops.
That is why early case evaluation is so important. Our car accident attorney can review these details quickly.
In a partially at-fault car accident, your damages are reduced by your fault percentage. This is called a compensation reduction.
For example:
If your total damages are $100,000 and you are 20% at fault, your settlement amount may be $80,000.
Damages can include:
A comparative fault car accident claim does not erase your losses. It adjusts them.
Who Decides Fault After a Car Accident?Fault is often debated after a partially at-fault car accident. Police reports play a role, and you can learn how to get a police accident report in Kansas. Insurance adjusters also conduct their own review. However, fault is often negotiated, not fixed. Disagreements over evidence are common in a shared fault accident claim.
Car accidents are not always caused by just one driver. In many crashes, both drivers may have made mistakes that contributed to what happened. When this occurs, fault is divided between the parties involved. Below are common scenarios where shared blame often arises.
Rear-end collisions are often blamed on the driver who was following too closely. However, there are situations where the front driver may share responsibility. Sudden stops without warning, broken brake lights, or unsafe lane changes can all contribute to shared fault in these crashes.
Intersection accidents frequently involve conflicting stories about who had the right of way. One driver may claim they had a green light, while the other insists on the same. Speeding, distracted driving, or failing to yield can all play a role, leading to divided fault.
Left-turn accidents commonly involve disputes over timing and visibility. The turning driver must usually yield, but the oncoming driver may share blame if they were speeding or ran a yellow light. Poor lighting or obstructed views can also contribute to shared responsibility.
Multi-vehicle crashes often create chain reactions where several drivers contribute to the collision. One car may stop suddenly, another may be following too closely, and a third may be speeding. In these situations, fault is often divided among multiple parties.
Insurance companies often shift blame in a partially at-fault car accident to lower payouts. They may use recorded statements or selective evidence.
They rely on common insurance tactics to reduce the value of your shared fault accident claim. Early admissions can hurt your case, especially before a full liability assessment is complete.
To protect your position in a partially at-fault car accident, strong evidence matters:
Understanding the value of your case can also help when negotiating a comparative fault car accident claim.
Many valid claims involve shared blame. A partially at-fault car accident does not mean you should walk away from your right to recover compensation. In both Kansas and Missouri, the law allows injured drivers to pursue damages even if they made a mistake. What matters most is your percentage of fault and how it affects your final recovery.
Insurance companies often count on people assuming they do not have a case, which saves the insurer money. Before giving up, speak with a car accident lawyer in Missouri or a Kansas attorney who understands shared fault accident claim rules. A careful review of the facts may show your claim is still strong and worth pursuing.
We investigate liability, challenge unfair insurance conclusions, and present evidence clearly. In a partially at fault car accident, even reducing your fault from 40% to 25% can make a major difference in your recovery.
Our team works to present the facts truthfully and push back when insurers try to shift blame unfairly.
If you were involved in a crash and think you may share some blame, you probably have a lot of questions. Below are clear, simple answers to help you better understand your rights and options after a car accident in Kansas or Missouri.
Yes. Under Kansas’s modified comparative fault rule, you can still recover compensation if you are less than 50% at fault. Your total recovery will simply be reduced by your percentage of fault, rather than eliminated completely.
You do not have to accept the insurance company’s opinion. Fault determinations can be challenged with stronger evidence, witness statements, crash reports, and legal advocacy. Insurance adjusters often assign higher fault percentages to lower payouts, and those decisions can be negotiated.
Does partial fault affect pain and suffering compensation?Yes, partial fault reduces all types of damages, including pain and suffering. If you are assigned a percentage of fault, your non-economic damages will be lowered by that same percentage, just like your medical bills and lost wages.
Yes, fault percentages can change as new evidence comes to light. Additional documentation, accident reconstruction, or legal review may shift how responsibility is divided. Negotiations between attorneys and insurers often result in adjustments to initial fault findings.
You should be cautious. Recorded statements can be used against you to increase your assigned fault percentage. Even casual comments may be interpreted as admissions. It is often wise to speak with an attorney before giving detailed statements.
If you were involved in a partially at-fault car accident, do not assume you are out of options. At Wallentine Injury Law, we focus on helping injured drivers throughout Kansas and Missouri understand where they truly stand. Attorney Jerry “Wally” Wallentine has nearly two decades of experience handling automobile injury claims and has recovered millions for clients, including several seven-figure results. He has even served as a pro tem judge in Johnson County, giving him valuable courtroom insight.
We understand how insurers think and how to build strong cases that stand up under scrutiny. Call us today at 913-934-6333 for a free consultation and let our team evaluate your case.
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