If you were partially to blame for causing your motorcycle collision, you may still be entitled to injury compensation.
However, the amount you can receive will be different depending on whether the accident occurred in Missouri or Kansas.
Missouri’s Pure Comparative Negligence Law
In Missouri, the law follows the doctrine of pure comparative negligence. Under this legal theory, you're still entitled to compensation no matter how much at fault you were in causing the accident. However, the amount you receive is reduced by your percentage of fault.
For example, if you were entitled to $200,000 but were found to be 20 percent to blame, you'd recover $160,000 in compensation. Under the pure comparative negligence doctrine, you could theoretically receive some compensation even if you were 80-to-90 percent at fault. However, you'll most likely also face liability to compensate accident victims in this situation.
The Modified Comparative Negligence Law in Kansas
Kansas follows a different comparative doctrine referred to as modified comparative negligence. This law has a much harsher effect than the rules in Missouri. Here’s how the modified comparative doctrine works:
- If you were less than 50 percent at fault for the accident, you'll receive compensation for your injuries, but the amount is reduced by your percentage of fault.
- If you're found to be 50 percent or more to blame, you're not entitled to any damages.
What to Do If the Insurance Company Claims You Were Partially at Fault
An insurance provider for the other party may raise your comparative negligence as a defense to try to reduce or deny your claim. However, it's important to keep in mind that just because an adjuster claims you were partially or totally to blame doesn't make it true.
You need expert legal counsel right away if an adjuster negates your claim in this way. A skilled attorney will help prove the other driver’s negligence and negotiate a fair settlement for you.
Were You Injured In A Kansas City Area Motorcycle Accident?
If you were injured in a motorcycle accident, you need to speak with an experienced motorcycle accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.