Motorcycle accidents can result in severe injuries, costly medical bills, and lengthy recovery periods. For riders in Kansas who have been involved in a crash, understanding the state’s comparative fault law is crucial when pursuing compensation. Kansas follows a modified comparative fault system, which can significantly impact the amount of compensation you receive — or whether you can recover damages at all.
If you’ve been injured in a motorcycle accident in Kansas, knowing how this law works and how insurance companies use it can help you protect your rights and maximize your financial recovery.
What Is Comparative Fault in Kansas?
Kansas follows a legal standard known as modified comparative fault (also called comparative negligence) when determining liability in personal injury cases, including motorcycle accidents. Under this system, fault for an accident can be divided among multiple parties, including the injured victim.
According to Kansas law (K.S.A. § 60-258a), you can recover compensation for your injuries as long as you are less than 50% at fault for the accident. However, your total compensation will be reduced by your percentage of fault.
Example of Comparative Fault in Action
Suppose you were involved in a motorcycle accident where a car driver made an illegal left turn in front of you. However, at the time of the accident, you were speeding 10 mph over the limit. The court determines that:
- The car driver was 70% at fault for failing to yield.
- You were 30% at fault for speeding.
If your total damages amount to $100,000, your compensation would be reduced by 30%, leaving you eligible to recover $70,000.
However, if the court finds you 50% or more at fault, you would be barred from recovering any compensation under Kansas law.
How Does Comparative Fault Impact Motorcycle Accident Claims?
Insurance companies often rely on comparative fault laws to reduce payouts in motorcycle accident claims. Even if another driver was primarily responsible for the crash, the insurer may attempt to shift some of the blame onto you to minimize their financial liability. Understanding common tactics insurers use can help you build a stronger case.
1. Arguing That You Were Speeding
Motorcyclists are often unfairly labeled as aggressive or reckless riders. Insurance companies may attempt to argue that you were speeding, weaving through traffic, or otherwise behaving recklessly to assign a greater share of the blame to you. Evidence such as speed calculations, witness statements, and accident reconstruction can counter these claims.
2. Claiming You Were Lane Splitting
While lane splitting — riding between lanes of stopped or slow-moving vehicles — is legal in some states, it is not legal in Kansas. If an insurer claims you were lane splitting during the accident, they may attempt to assign you partial or full fault. If you were lawfully positioned in your lane when the crash occurred, presenting clear evidence can help dispute this claim.
3. Alleging That You Were Distracted
Insurers may argue that you were distracted, such as by using a phone, adjusting gear, or failing to observe your surroundings. Providing evidence that you were riding safely and responsibly — such as dashcam footage or witness statements — can help disprove these accusations.
4. Questioning Your Safety Gear
While Kansas law only requires motorcycle helmets for riders under 18, insurance companies may still attempt to reduce your claim by arguing that failing to wear protective gear contributed to your injuries. Although this does not automatically bar you from recovering compensation, it could affect the damages awarded for certain injuries.
Steps to Protect Your Claim After a Motorcycle Accident
Because Kansas’ comparative fault rule can significantly reduce your compensation, taking proactive steps after your accident can help you build a stronger case and protect your rights.
1. Call Law Enforcement Immediately
Contact the police immediately after the accident and request that officers complete an official accident report. The report may include important details about how the crash occurred, which can help support your claim.
2. Gather Evidence at the Scene
If you are physically able, collect evidence that can help demonstrate the other party’s fault. Useful evidence includes:
- Photos of the accident scene, including vehicle damage, skid marks, and road conditions.
- Eyewitness contact information and statements.
- Traffic camera or dashcam footage, if available.
3. Seek Medical Treatment Right Away
Even if your injuries seem minor, seek medical attention immediately. Delaying treatment may allow the insurance company to argue that your injuries weren’t serious or weren’t related to the accident. Be sure to keep records of all medical visits, treatments, and expenses.
4. Avoid Admitting Fault
Insurance companies may use statements you make at the accident scene — or during conversations afterward — to suggest you were partially at fault. Avoid making statements such as "I didn’t see them" or "I was going a little fast," as these remarks can be taken out of context and used against you.
5. Contact a Motorcycle Accident Attorney
Working with an experienced motorcycle accident attorney can make a significant difference in protecting your claim. A skilled lawyer can:
- Investigate the accident to gather strong evidence.
- Negotiate with insurance companies on your behalf.
- Challenge unfair accusations that place excessive blame on you.
- Present expert testimony to demonstrate the true cause of the accident.
What Compensation Can You Recover in a Kansas Motorcycle Accident Claim?
Even if you are partially at fault, you may still be eligible to recover damages for:
- Medical expenses: Including hospital bills, surgeries, medications, and rehabilitation.
- Lost wages: Compensation for time missed from work and any reduced earning capacity caused by your injuries.
- Property damage: The cost to repair or replace your motorcycle and other damaged property.
- Pain and suffering: Compensation for emotional distress, physical pain, and reduced quality of life.
Contact Lawyer on the Line for Legal Representation
Insurance companies are often quick to point fingers at motorcyclists to reduce their payout obligations. Even if you were partially at fault, you may still be entitled to significant compensation under Kansas law.
If you or a loved one has been injured in a motorcycle accident in Wichita or the surrounding areas, contact us today for a free consultation. At Lawyer on the Line, we are dedicated to helping injured motorcyclists fight for the compensation they deserve and holding negligent drivers accountable for their actions.
