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Castle Law Office

Q
Can I Sue for a Drunk Driving Accident If I Was Partially at Fault?

A

In many situations, you can sue even if you were partially to blame for a drunk driving accident. Our attorneys work in both Kansas and Missouri, so we'll use them as examples:

Missouri is one of the states that follows the pure comparative negligence system. In such a system, a judge or jury decides on a percentage of fault to assign to each party.

For example, say you were found to be 40 percent responsible for an accident that caused you $10,000 in damage, and the other party — the drunk driver — was found to be 60 percent responsible. In Missouri, you would receive 60 percent of the $10,000, or $6,000.

Kansas is one of 11 states operating under statutes of modified comparative fault, at 50 percent. What this means is that an injured party can't recover if he or she is 50 percent or more at fault. If 49 percent at fault, the injured party can get damages, though these will be reduced by the degree of fault.

At first reading, you may be able to tell that these laws can get confusing to anyone not familiar with legalese. This is where a personal injury law firm and an attorney knowledgeable in the rules and regulations of your state will be able to help you.

Remember as well that you will have to be aware of the statutes of limitation — five years in Missouri and two years in Kansas — and make sure you don't allow too much time to elapse before contacting an attorney.

Call us today at 816-842-7100 to speak with an attorney that will fight to get you the compensation you deserve. Or you can click here to email us and schedule your free consultation. 

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