Comparative Negligence in Kansas: The Dreaded “He Said, She Said” Situation
Every state has their own rules to establish who owes what once fault is determined after an accident. In some states, like Missouri, your recovery is simply reduced by whatever percentage you are found to be at fault. Even if you are found to be 99% responsible for the accident, you can still recover 1% of your damages from the other party. This is called pure comparative negligence. On the opposite end, a small minority of states follow a rule called contributory negligence where even if you are found to be only 1% responsible for the accident, you are barred from any recovery. Comparative negligence in Kansas falls somewhere in between.
Understanding Comparative Negligence in Kansas
Kansas follows a variation of what is called modified comparative negligence. K.S.A. 60-258a states that a party may recover “if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made, but the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party.” In everyday terms this means that if you are found to be 49% or less at fault in an accident then you can still make a recovery, reduced by your percentage of fault. However, if you are found to be 50% or more at fault, then you cannot recover any money.
Unfortunately, this means that if one party is not found to be more at fault than the other in your accident, you could lose out on any recovery. Enter the dreaded “he said, she said” situation. It is not uncommon for car accidents to occur at an intersection where both parties claim that they had the green light, and that the other driver had the red light. If there is no additional evidence available to establish that one party was in the wrong, then more likely than not it will be determined that each party shares 50% of the responsibility and neither party can recover from the other.
Related: Patterson Legal Group Knows How Car Insurance Differs by State
Things You Can Do In a “He Said, She Said” Scenario
So what can you do to avoid a “he said, she said” situation after an accident? First, if there are any witnesses in the area, make sure that you get their names and contact information. If they are willing, you can even have them write out a statement. While most responding police officers make efforts to obtain witness information, sometimes they miss a key witness whose statement can be crucial to your case.
Next, check the area for camera footage. Newer cars with autonomous driving often record footage of the last few hours you’ve driven, while dash cams have become one of the most popular automotive accessories. That said, the majority of cars on the road do not have built-in cameras or dash cams recording footage.
However, surrounding businesses often have cameras facing the intersection. It is imperative that you obtain this footage as soon after the accident as possible, as it is not uncommon for it to be erased after a few weeks. Keep in mind that in Kansas, the cameras above the stop lights are typically there to monitor traffic flow and are not actually recording the intersection.
Lastly, if you are able, take a wide variety of photos immediately after the accident. Accident photos can help establish the point of impact on the vehicles, as well as the location of the collision within the intersection. These photos can often help establish who was in the intersection first, which may be enough for us to cast doubt on the other party’s story and get an insurance company to pay up.
Contact a Kansas Car Accident Lawyer
Finding witnesses and obtaining footage can be crucial to getting the money that you deserve after a car accident. However, documenting your claim can be complicated. This is where the Kansas car accident attorneys at Patterson Legal Group can help. Our team is available to assist you 24 hours a day, 7 days a week if you’ve been in an accident. Let our highly skilled legal team take you through every step of the process. When you work with Patterson Legal Group, you can be assured of being treated fairly by experienced Kansas personal injury lawyers that will do everything possible to get you the highest settlement possible.
You can reach Patterson Legal Group by phone at (888) 687-2400 or connect with us online through LiveChat. For more than 25 years, our personal injury attorneys have been helping people throughout Kansas, Missouri, and Oklahoma fight back against insurance companies and get the highest compensation for their injuries. Best of all, we work on a “no win, no fee” basis, so you don’t pay a dime unless we win money on your behalf. Give us a call today and you’ll quickly learn why we’ve become one of the most trusted names in personal injury law.
