If you were in a car accident and think you might have done something wrong, you might assume that means you have no case. That assumption stops a lot of people from pursuing compensation they’re actually entitled to. Kansas law is more nuanced than that.
How Kansas Handles Shared Fault
Kansas follows a modified comparative fault system. Under this rule, you can still recover damages even if you were partially responsible for the crash, as long as your share of fault does not exceed 50 percent. Kansas comparative fault law codifies this standard under K.S.A. 60-258a.
So if a jury finds you were 30 percent at fault and the other driver was 70 percent responsible, you can still recover damages. Your total award would simply be reduced by your percentage of fault. On a $100,000 award, that means you’d recover $70,000.
What Partial Fault Actually Looks Like
Fault in car accident cases is rarely clean. Real crashes involve judgment calls, split-second decisions, and circumstances that almost never fall entirely on one person. Some situations where fault commonly gets divided include:
- You were slightly over the speed limit when another driver ran a red light and hit you
- You changed lanes just as another driver was following too closely behind you
- You couldn’t brake in time, but the other driver made an unsafe turn directly in front of you
- Both drivers entered an intersection at roughly the same moment
In each of these situations, both drivers may have contributed to the crash. That doesn’t mean the injured party walks away with nothing.
How Insurance Companies Use This Against You
Insurance adjusters understand comparative fault rules well. They’ll often try to assign you a higher percentage of blame than the facts actually support, because inflating your fault percentage directly reduces their payout.
This is one reason why what you say after a crash matters. Comments like “I didn’t see them coming” or “I may have been going a bit fast” can be used to drive up your share of fault during the claims process. An Overland Park car accident lawyer can help you push back on those tactics and make sure fault is assigned based on the actual evidence, not pressure from an adjuster.
The 50 Percent Threshold
Kansas draws a hard line at 50 percent. If you are found to be 50 percent or more at fault, you are barred from recovering anything. That’s why fault percentages get contested so frequently. A difference of just a few percentage points can separate meaningful compensation from nothing at all.
What to Do If You Think You Were Partly at Fault
Do not assume your case is over before you talk to an attorney. Fault is determined through evidence, not gut feelings, and what seems obvious at the scene often looks very different once phone records, witness statements, dashcam footage, and police reports are reviewed.
The Law Office of Daniel E. Stuart, P.A. has spent over 30 years representing injured clients across Kansas. Every case is built on what the evidence actually shows, not what the opposing side claims.
If you were hurt in a crash and aren’t sure where you stand, contact an Overland Park car accident lawyer for an honest review of your situation. Getting a clear picture of your options early in the process can change the entire direction of your case.