Yes. Being partly at fault does not automatically prevent you from pursuing a personal injury claim in Kansas. Under K.S.A. 60-258a, Kansas uses comparative negligence. Your compensation can be reduced by your percentage of fault, and recovery can be barred if your share of fault reaches the legal threshold.
In a two-party case, a person who is 49 percent at fault may still recover 51 percent of proven damages. A person who is 50 percent at fault generally cannot recover because that person’s negligence is not less than the other party’s negligence.
Melinda Young Law helps injured people in Hutchinson and throughout Kansas understand how disputed fault may affect a claim, what evidence can matter, and what options may remain available.
The central question is not simply whether you made a mistake. The issue is how much each person or business contributed to the injury. A driver who was slightly speeding may still have a claim if another driver ran a red light. A customer who was distracted before a fall may still have a claim if a dangerous property condition also contributed to the incident.
Shared fault does not automatically end a Kansas injury claim. The percentage of fault can directly affect whether you recover and how much you may receive.
When you are facing challenges you never expected, Melinda Young is here to help. She will work with you to build a strong case right away. Your main focus should be on your health and well-being. Let us focus on getting you the best results possible.
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How Kansas Comparative Negligence Works 
Kansas law states that an injured person may recover damages when that person’s negligence is less than the causal negligence of the party or parties against whom the claim is made. Any award is reduced in proportion to the injured person’s percentage of negligence.
You can review the current Kansas comparative negligence statute here:
In a simple two-party case:
- If you are 20 percent at fault, your recoverable damages may be reduced by 20 percent.
• If you are 49 percent at fault, you may still recover 51 percent of your proven damages.
• If you are 50 percent at fault, you generally cannot recover from the other party in that two-party case.
For example, assume your total proven damages are $100,000 and you are found 20 percent at fault. The other party is assigned 80 percent of the fault. Your damages would be reduced by your 20 percent share, leaving $80,000.
Cases involving several responsible parties can be more complicated because Kansas law addresses how fault is allocated among multiple parties. The parties included in the fault analysis, the evidence, and the claims being made can affect the result.
A legal review can be useful when a crash, property incident, construction event, or other injury involves more than two people or businesses.
What Types of Injury Claims Can Involve Shared Fault?
Comparative negligence can arise in many Kansas personal injury cases. It is not limited to car accidents.
Common examples include:
- Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Slip and fall claims
• Other premises liability claims
• Construction accidents involving third parties
• Negligent security claims
• Other negligence cases involving several contributing causes
For more information about the firm’s personal injury practice, visit:
https://melindayounglaw.com/kansas-personal-injury-lawyers/
For information about vehicle collision claims, visit:
https://melindayounglaw.com/kansas-car-accident-lawyers/
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How Is Fault Determined in a Kansas Injury Claim?
Fault is usually based on evidence. It is not determined only by who speaks first, who apologizes, or who sounds most confident after an accident.
Insurance companies, attorneys, judges, and juries may consider different forms of evidence when evaluating responsibility.
Evidence may include:
- Police or incident reports
• Photographs of the scene
• Dashcam footage
• Traffic-camera footage
• Surveillance video
• Witness statements
• Vehicle damage
• Event data from vehicles
• Roadway marks, debris, and measurements
• Property inspection records
• Property maintenance records
• Medical records
• Expert analysis when technical issues are disputed
The evidence that matters will depend on the type of claim.
A car accident may require analysis of vehicle position, traffic signals, speed, visibility, road conditions, and driver behavior.
A slip and fall claim may focus on the property condition, how long a hazard existed, whether the property owner or business had notice of the condition, whether warnings were provided, and what the injured person could reasonably see.
An insurance adjuster’s early opinion about fault does not necessarily determine the final legal result. Fault percentages can be disputed during settlement negotiations. If a lawsuit proceeds, a judge or jury may determine the percentages of negligence based on the evidence.
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Why You Should Not Guess About Your Percentage of Fault
People sometimes apologize or blame themselves immediately after an accident. An apology may reflect concern, stress, or uncertainty rather than a legal conclusion about negligence.
You may know that you looked away from the road for a moment, but you may not know that the other driver was speeding or failed to yield. You may know that you were carrying bags when you fell, but you may not know how long a spill had been on the floor or whether the business had notice of it.
A practical approach is to stick to the facts. Describe what you saw, heard, and experienced without guessing about legal fault.
Avoid statements such as, “The accident was probably my fault,” when you do not yet know the full evidence.
Photos, video, witness statements, vehicle data, maintenance records, and other documentation may reveal facts that were not obvious at the scene.
Can an Insurance Company Reduce a Claim by Blaming You?
Yes. When comparative negligence is an issue, an insurance company may argue that you share responsibility and that your compensation should be reduced.
That does not mean every fault argument is supported by the evidence.
Consider a claim with $80,000 in proven damages:
- If you are assigned 10 percent of the fault, the reduction would be $8,000.
• If you are assigned 30 percent of the fault, the reduction would be $24,000.
A dispute over fault percentages can make a substantial difference in the amount at issue.
Preserving evidence can matter because:
- Video can be overwritten.
• Vehicles can be repaired.
• Damaged property can be replaced.
• Road conditions can change.
• Witnesses can become harder to locate.
• Business records may become harder to obtain as time passes.
What Damages May Be Available When You Share Some Fault?
If Kansas law permits recovery, comparative negligence generally reduces the recoverable amount rather than automatically eliminating every category of damages.
Depending on the type of case and the available proof, a claim may involve losses such as:
- Medical expenses
• Future medical care supported by evidence
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Physical limitations
• Loss of normal activities
• Other documented accident-related expenses
The damages available in a specific case depend on the facts, the type of claim, applicable insurance rules, the evidence, and the percentage of fault assigned to each party.
No outcome or settlement amount can be guaranteed.
What Should You Do if You Think You Were Partly Responsible?
Do not assume that partial responsibility means you have no claim. Focus on your health and on preserving information that may help explain what happened.
Useful steps may include:
- Seek appropriate medical care.
• Photograph the scene, vehicles, property condition, or other relevant evidence when it is safe to do so.
• Save witness names and contact information.
• Keep medical bills, wage records, repair invoices, and receipts.
• Preserve letters, emails, texts, and insurance documents.
• Avoid detailed social media posts about the accident or your injuries.
• Review any release or settlement document carefully before signing.
• Keep a record of communications with insurance companies.
• Consider speaking with a Kansas personal injury attorney before accepting a disputed fault percentage or signing a release.
Many Kansas personal injury actions are subject to a two-year filing period under K.S.A. 60-513. The date the period begins can depend on the facts, and different claims can be subject to different rules or exceptions.
You can review the current Kansas statute here:
You can also read more about Kansas personal injury filing deadlines here:
A Hutchinson Example of Shared Fault
Imagine a collision at an intersection in Hutchinson, Kansas. One driver enters the intersection after failing to yield. The other driver is traveling above the posted speed limit.
Both actions may have contributed to the crash. One driver may receive a larger percentage of fault, while the other may receive a smaller percentage.
If the injured person’s share of fault remains below the applicable Kansas recovery threshold, that person may still recover damages. The recoverable amount would be reduced by the percentage of fault assigned to that person.
Now consider a fall at a business. A customer is looking at a phone and does not immediately notice a wet floor. If the business created the hazard, knew about it, or should have known about it under the applicable legal standard, the property condition and the customer’s conduct may both become part of the fault analysis.
Shared fault is fact-specific. Two cases that sound similar at first can lead to different outcomes after the evidence is reviewed.
How an Attorney Can Help With a Comparative Fault Dispute
A Kansas personal injury attorney can review the evidence and the legal issues that may affect a comparative fault claim.
Depending on the case, an attorney may:
- Investigate how the incident occurred.
• Identify potentially responsible parties.
• Preserve photographs, video, records, and other evidence.
• Review police reports or incident reports.
• Evaluate insurance coverage.
• Gather medical and wage documentation.
• Review statements made by witnesses and involved parties.
• Examine how an insurer calculated a proposed fault percentage.
• Respond to fault arguments that are not supported by the available record.
• Evaluate how K.S.A. 60-258a may apply when several parties share responsibility.
These issues can matter in multi-vehicle crashes, commercial vehicle cases, construction accidents, premises liability cases, and other claims involving more than one possible responsible party.
You can learn more about attorney Melinda Young here:
https://melindayounglaw.com/attorney-melinda-young/
Speak With Melinda Young Law About a Kansas Injury Claim
If you were injured in Hutchinson or elsewhere in Kansas and believe you may have been partly at fault, do not assume that partial responsibility automatically prevents you from pursuing a claim.
Melinda Young Law can review the facts, available evidence, insurance issues, and comparative negligence questions that may affect your options.
Call or text: 620-501-8080
Phone link: tel:+16205018080
Contact the firm here:
https://melindayounglaw.com/contact/
Melinda Young Law serves injured people in Hutchinson and throughout Kansas.
This article is for general informational purposes only and is not legal advice. Every case is different. Consult an attorney about your specific situation.