Q Could I Have an Injury Case If the Accident Was Partially My Fault?
In most cases, yes, you may still have a car accident case even if you're partly to blame.
Even if your negligence contributed to the accident and you were partially responsible, you can still be compensated by another party whose carelessness also contributed to the accident.
Typically, the degree of the other person’s responsibility in causing an accident is compared to your responsibility. In other words, if you were 20% at fault and the other party was 80% at fault, the other person will have to pay 80% of the fair compensation for your injuries through his or her insurance company.
Comparing responsibility is called the rule of “comparative negligence” and is how the system works for a car accident in Missouri. However, a Kansas car accident case has a modified comparative fault rule where you can only recover if you are 49% or less at fault.
The question of whether your negligence contributed to the accident, and how much, is something your attorney will negotiate with the other party’s insurance adjuster. So if you think you're partly at fault for your car accident, you should let your attorney know first thing.
It’s also important to stress that you should never admit fault right after a collision, since it’s impossible for you to know all the facts that led to the event. Don't say you're sorry or tell the other driver you were partially responsible.
If you've been injured in a car accident, 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.