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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.