Why Fault Matters in Kansas Car Accident Claims
After a car accident in Wichita, one of the first questions many people ask is who was at fault. This question becomes even more stressful when the other driver or the insurance company claims that you share some of the blame. In Kansas, being partially at fault does not automatically prevent you from recovering compensation, but it can significantly affect the outcome of your claim.
Kansas follows a specific legal rule for determining fault in car accident cases. Understanding how this rule works is critical if you want to protect your right to compensation for medical bills, lost wages, and other losses.
Kansas Uses a Modified Comparative Fault System
Kansas follows what is known as a modified comparative fault rule. Under this system, an injured person can recover compensation only if they are found to be less than 50 percent at fault for the accident. If your share of fault reaches 50 percent or more, you are barred from recovering damages from the other party.
If you are found to be partially at fault but still below the 50 percent threshold, your compensation is reduced by your percentage of fault. This makes fault determination one of the most important issues in any Kansas car accident case.
For example:
- If you are found 10 percent at fault, your compensation is reduced by 10 percent
- If you are found 30 percent at fault, your compensation is reduced by 30 percent
- If you are found 50 percent or more at fault, you recover nothing
Because even a small shift in fault can have a large financial impact, insurance companies often focus heavily on blaming injured drivers.
How Insurance Companies Use Partial Fault Against You
After a crash, insurance adjusters begin investigating almost immediately. Their goal is not to determine fairness but to limit how much the company has to pay. One of the most effective ways to do this is by arguing that you were partially responsible for the accident.
Insurance companies may claim you were speeding, distracted, following too closely, or failed to react quickly enough. Even when the other driver clearly caused the crash, insurers often look for small details they can use to shift some blame onto you.
Common arguments insurers make include:
- You could have avoided the accident by braking sooner
- You were driving slightly over the speed limit
- You were distracted or not paying full attention
- You failed to yield or merge properly
These claims can dramatically reduce a settlement if they are not challenged with evidence.
How Fault Is Actually Determined After a Crash
Fault is determined based on evidence, not assumptions. In Wichita car accident cases, fault may be evaluated using police reports, witness statements, vehicle damage, photographs, traffic camera footage, and accident reconstruction when necessary.
Police reports often play an important role, but they are not final or binding. Officers make initial assessments based on what they observe at the scene, which may be incomplete. Insurance companies and courts may reach different conclusions once all evidence is reviewed.
Strong evidence can help show that your actions did not substantially contribute to the crash or that the other driver bears the majority of responsibility.
Why Admitting Fault Can Hurt Your Claim
Many people unintentionally damage their own claims by apologizing or making statements at the scene of the accident. Saying things like “I did not see you” or “I am sorry” may feel polite, but insurance companies often treat these statements as admissions of fault.
It is important to stick to the facts when speaking with police and avoid speculating about what caused the crash. You are not required to accept blame at the scene, and doing so can create unnecessary obstacles later.
What Compensation Is Still Available If You Are Partially at Fault
If you are less than 50 percent at fault, you may still recover compensation for a wide range of losses. The key is understanding that the final amount will be reduced based on your share of responsibility.
Compensation may include:
- Medical expenses and future medical care
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
Even with a reduction, these damages can be substantial, especially in cases involving serious injuries.
Why Legal Representation Matters in Partial Fault Cases
Cases involving shared fault are often more complex and more aggressively defended by insurance companies. Adjusters know that increasing your percentage of fault directly reduces what they have to pay.
Having experienced legal representation can help level the playing field. An attorney can gather evidence, work with experts, challenge unfair fault assessments, and handle communications with the insurance company on your behalf.
Riedmiller, Andersen & Scott represent injured drivers throughout Wichita and surrounding areas in serious collision cases. Our car accident attorneys understand how Kansas fault laws are applied and how to push back when insurers attempt to shift blame unfairly.
When Partial Fault Claims Often Arise
Partial fault disputes commonly occur in certain types of accidents. These include intersection collisions, lane change crashes, rear-end accidents involving sudden stops, and accidents involving poor weather or road conditions.
In these situations, insurance companies frequently argue that both drivers share responsibility. That makes early investigation and documentation especially important.
Protecting Yourself After a Wichita Car Accident
If you are involved in a car accident and believe fault may be disputed, take steps to protect yourself as soon as possible. Seek medical care, document your injuries, take photos of the scene, and avoid giving recorded statements to insurance companies without legal advice.
The sooner you act, the easier it is to preserve evidence and protect your version of events.
Talk With a Wichita Car Accident Lawyer About Your Options
Being partially at fault does not mean you are out of options. Kansas law allows recovery in many shared fault situations, but the outcome often depends on how well fault is argued and supported.
If you were injured in a car accident in Wichita and are being told you are partially to blame, contact us to discuss your case. We can help you understand how fault may affect your claim and work to pursue the compensation you deserve.
