Car Accident Attorney in Kansas City, Missouri

What if I was partially at fault in a car accident – can I still recover?

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we practice uh in two states mainly uh
Kansas and in Missouri in Missouri it’s
called Pure comparative fault that means
you can be 99% at fault for the
automobile accident and still recover
and under those
circumstances any fault that is
attributed to you for causing the
automobile accident would result in uh a
uh reduction of your compensation or
your reward uh on the Kansas side it’s
called Uh modified comparative fault and
in that case uh the court the jury looks
at the comparative fault of the parties
involved in the accident if the
plaintiff is as much at fault 50% at
fault against one defendant uh for
causing the accident then they are going
to be barred from recovery so in Kansas
we uniquely look at a party’s
contributory or comparative fault to
determine whether or not there’s a risk
that they might not recover at
all

Kansas City, MO personal injury attorney Michael Waddell talks about what you can recover if you’re partially at fault in a car accident. He explains that his practice primarily handles cases in two states: Kansas and Missouri. In Missouri, the law follows a “pure comparative fault” system, which allows a plaintiff to recover damages even if they are largely at fault for an automobile accident. In such cases, the plaintiff’s compensation is reduced in proportion to their percentage of fault.

In contrast, Kansas follows a “modified comparative fault” system. Under this framework, the court or jury evaluates the comparative fault of all parties involved. If the plaintiff is found to be 50% or more at fault for the accident, they are barred from recovering any damages. He emphasizes that in Kansas, understanding a party’s potential contributory or comparative fault is critical in assessing the likelihood of recovery and developing a legal strategy.

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