Car accidents can be a traumatic and overwhelming experience for anyone involved. Aside from the physical injuries, there is also the stress and confusion of determining who was at fault. In the state of Kansas, the fault is determined by using a “modified comparative negligence” rule. This means that each driver involved in the accident is assigned a percentage of fault, and they are then responsible for paying that percentage of the damages.
So, how do you determine fault in a Kansas car accident? Here are some steps to follow:
- Assess the scene: Take note of any skid marks, debris, and damage to both vehicles. This information can help you determine how the accident occurred and who may be at fault.
- Gather information: Obtain the names, contact information, and insurance details of all drivers involved in the accident. You should also get the contact information of any witnesses who may have seen what happened.
- File a police report: Even if the accident is minor, it is important to file a police report. The report will contain important information about the accident, including who the responding officer believes was at fault.
- Determine who had the right of way: If the accident occurred at an intersection or involved a left turn, it is important to determine who had the right of way. This can help establish who was at fault for the accident.
- Consider any traffic violations: If either driver was violating traffic laws at the time of the accident, such as running a red light or speeding, they may be considered at fault.
- Determine the role of weather and road conditions: If weather or road conditions played a role in the accident, such as rain or ice on the road, this may affect who is at fault.
- Seek legal advice: If you are having difficulty determining fault, or if you believe that you were not at fault but the other driver’s insurance company is assigning you partial fault, it may be wise to seek the advice of an attorney who specializes in car accidents.
In the state of Kansas, the fault is assigned based on a “modified comparative negligence” rule. This means that if you are found to be more than 50% at fault for the accident, you may not be able to recover damages. If you are found to be less than 50% at fault, you can recover damages, but the amount you can recover will be reduced by the percentage of fault assigned to you.
It is important to remember that fault can be disputed by either driver or their insurance company. If you find yourself in this situation, it is important to gather as much evidence as possible to support your claim. This may include photos of the accident scene, witness statements, and medical records documenting your injuries.
If you are found to be partially at fault for the accident, it is important to remember that you can still recover damages. However, the amount you can recover will be reduced by the percentage of fault assigned to you. For example, if you are assigned 25% fault and your damages total $10,000, you would only be able to recover $7,500.
In some cases, a fault may be assigned equally between both drivers. This is known as “comparative negligence.” In Kansas, if both drivers are found to be equally at fault, neither driver can recover damages from the other.
Determining fault in a Kansas car accident can be a complex process. It is important to assess the scene, gather information, and consider any traffic violations or weather conditions that may have played a role. If you are having difficulty determining fault or are in dispute with the other driver’s insurance company, seek the advice of an experienced car accident attorney who can guide you through the process and ensure that you receive fair compensation for your injuries and damages.
As a law firm, at Melinda Young, we can provide valuable assistance to those who are involved in car accidents in Kansas and need help determining fault. Our team of experienced personal injury attorneys can conduct a thorough investigation of the accident, negotiate with insurance companies on behalf of our clients, represent them in court if necessary, and provide legal advice and guidance throughout the process.
We understand that determining fault in a car accident can be a complex and overwhelming process, which is why we are committed to helping our clients navigate this process and receive the compensation they deserve. We have a deep understanding of the laws governing fault in car accidents in Kansas and can provide valuable legal insights and strategies to help our clients achieve the best possible outcome for their cases.
If you have been involved in a car accident in Kansas and need help determining fault, please don’t hesitate to contact us. We are here to help and will work tirelessly to ensure that your legal rights are protected and that you receive fair compensation for your injuries and damages.