Our Car Accident Lawyers Explain What Kansas City Drivers Need to Know About Comparative Negligence
Being involved in a car accident is stressful enough, but if you believe you're partially at fault, you may be worried that you won't recover any compensation for your injuries. The good news is that Kansas City follows a comparative negligence system, which means you may still be eligible for compensation, even if you share some of the blame. Our experienced Kansas City car accident lawyers are here to explain how this law works and what you need to know to protect your rights. With the right knowledge and guidance, you can understand the legal process confidently and work towards a fair settlement.
What Is Comparative Negligence?
Comparative negligence is pivotal in determining fault and damages in personal injury cases, including car accidents. Unlike a simple blame game, this principle recognizes that responsibility for an accident can be shared among multiple parties.
Under comparative negligence, each person involved in an accident is assigned a percentage of fault based on their actions—or lack thereof. This percentage directly influences how much compensation an injured party can recover, making it crucial to understand how this principle could apply to your situation.
The goal of comparative negligence is to create a fair system where compensation is aligned with each party’s contribution to the accident.
How Comparative Negligence Affects Your Personal Injury Settlement
In Kansas City and across Missouri, the law operates under a "pure comparative fault" system. This means that even if you're partially responsible for an accident, you can still seek compensation.
Recovering Compensation
The concept of pure comparative fault directly influences the amount of compensation you might receive. For example, if you’re found to be 20% at fault for an accident, your total compensation would be reduced by 20%. So, if your damages are calculated at $100,000, you would receive $80,000 after the reduction. This reduction is proportional to your level of fault, but it doesn't eliminate your right to recover damages altogether. This system is designed to be fair, acknowledging that accidents often involve shared responsibility.
The Role of Settlement Negotiations
Comparative negligence also plays a significant role in settlement negotiations. Insurance companies are well aware of this principle and often use it to minimize their payouts. They might argue that you were more at fault than you actually were, hoping to reduce their financial liability. This is why having our skilled Kansas City personal injury lawyers by your side is important. Your lawyer can counter these tactics, ensuring that fault is fairly assigned and that your compensation reflects the true extent of your damages.
Why Missouri’s System Works in Your Favor
One of the biggest advantages of Missouri’s pure comparative fault system is that it allows you to pursue compensation even if you are primarily at fault. Unlike states with stricter rules, Missouri’s system doesn’t bar you from recovering damages, regardless of your percentage of fault. This is particularly beneficial if the other party is more responsible for the accident. It means that even if you’re 90% at fault, you can still recover 10% of your damages, ensuring that you are not left without any compensation.
Common Scenarios
The following examples show how fault can be shared in different accident scenarios. Every case is different, and the details of your accident will determine how comparative negligence is applied.
- Rear-end collision. Driver A hits Driver B from behind after Driver B stops suddenly. Driver A might be found 80% at fault for following too closely, while Driver B could be 20% at fault for braking abruptly without a clear reason.
- Intersection accident. Driver C runs a red light and crashes into Driver D, who was speeding. In this case, Driver C might be 70% at fault for ignoring the signal, while Driver D could bear 30% of the blame for speeding.
- Merging incident. Driver E merges onto the highways without signaling, causing Driver F to swerve and hit a guardrail. Driver E could be held 60% at fault for not signaling, with Driver F taking 40% of the fault for not maintaining control of their vehicle.
Protecting Your Rights After a Car Accident
In Kansas City, understanding how comparative fault can impact your car accident claim is crucial to securing fair compensation. The following steps are essential to take after a car accident.
- Document everything. Collect as much evidence as possible at the scene. This includes taking photos of the accident, recording license plate numbers, and noting the make and model of all vehicles involved. Also, gather witness information and obtain a copy of the police report. Keeping a detailed record of all accident-related expenses and documentation is essential, as this evidence will be crucial in determining fault and how much compensation you may be entitled to under Missouri’s comparative fault laws.
- Seek medical attention. Even if you feel uninjured, it's essential to get checked by a medical professional. Some injuries may not appear immediately, and having a medical record is vital to support your claim, especially in a comparative fault situation where the other party might argue that your injuries are unrelated or exaggerated.
- Be cautious when speaking with insurance companies. Insurance adjusters often look for any opportunity to reduce their payout, and anything you say could be used to shift more blame onto you. Avoid admitting fault or providing a recorded statement without consulting your lawyer first. In Missouri, your compensation can be reduced by the percentage of fault assigned to you, so it’s crucial to avoid statements that could harm your case.
- Consult a lawyer. Navigating Missouri’s comparative negligence laws can be confusing, but our Kansas City personal injury lawyers can help. They will protect your rights, gather evidence to minimize your fault percentage, and ensure you receive the compensation you deserve, even if you are partially at fault for the accident.
At Peterson & Associates, P.C., we understand Missouri's personal injury laws and how comparative negligence can affect your case. Read the case results and client testimonials on our website to learn how we have secured settlements for our past clients. Every car accident case is different, and while past results don’t guarantee future outcomes, these examples can show you why we’re the right choice for your Kansas City car accident case.
Our car accident client Amy Fouchia was pleased with her experience with our firm and commented, “Had an amazing experience with Peterson & Associates. They were the first law firm I contacted to seek advice about my car accident after my friend recommended them. Meaghan and Ross were both communicative and reassuring during the whole process making it easy and stress free.”