Whether you have a personal injury claim against the other driver in the collision was negligent, or at fault, in causing the collision. A vehicle collision is almost always the result of one of the drivers failing to follow the rules of the road. Fault, under the laws of Kansas and Missouri, means negligence. Negligence is the failure of a person to do something they are supposed to do (keep a lookout for other traffic) or doing something they are not supposed to do (run a red light).
Both Kansas and Missouri use a legal concept called “comparative fault.” This means that the fault of all drivers involved in the collision will be compared and a percentage of fault assessed to each of the drivers. In Kansas, a driver who is injured in a collision must be less than fifty percent at fault in causing the collision or they can not file a claim. If the driver is less than fifty percent at fault, any damages suffered by a driver partially at fault in causing the car wreck will be reduced by the amount of their fault. The same is true in Missouri that driver’s damages are reduced by the amount of their fault, although there is no requirement that the driver be less than fifty percent at fault in order to pursue a personal injury claim.
Passengers are rarely, if ever, assessed fault. Any comparison of fault will be with the other driver and the driver of the car in which they are a passenger.
If you would like to obtain additional information about making a personal injury claim resulting from an auto accident, you can request a copy of Mike’s book, The Kansas & Missouri Auto Accident Victim’s Guidebook, by clicking here or you can call Mike at 913-789-7477 to schedule a free consultation to talk about your claim.