Kansas “At-Fault” Laws
In Kansas, there is a statute called the Kansas Automobile Injury Reparations Act. The purpose of this act is, “to provide a means of compensating persons promptly for accidental bodily injury arising out of the ownership, operation, maintenance or use of motor vehicles in lieu of liability for damages to the extent provided herein” (Kansas Legislature Legislative Resources). The State wishes to ensure that people who are not at fault in an accident receive quick and efficient compensation. Kansas is an “at-fault’ state, otherwise known as a “tort state”. In a “tort state”, fault must be established before filing for compensation. If you are on a motorcycle and are hit by someone who cut you off, the other driver is labeled the “at-fault”. This is what will be established by an experienced personal injury lawyer before taking on a case, ensuring there is a case to bring to the insurance companies. Jerry Wallentine and his paralegals work hard to ensure that the cases we take are those that have fallen victim to someone else’s negligence.
Modified Comparative Negligence
While Kansas is also a “tort state”, meaning that the process begins in the same way a Missouri claim would, their stance on comparative negligence differs. This can be attributed to the purpose of their Reparations Act, causing Kansas to use a rule called “modified comparative negligence” for accidents. This means that the state follows a 51% rule; if it is decided that you are 51% or more at fault for an accident in which you sustained injuries, you will not receive compensation. That being said, if you are 41% at fault for an accident, you can still receive compensation. However, the compensation you will receive is based on the percentage left over – this will be the percentage that you are not considered “at fault”. Also, Kansas does not have a specific statute to protect motorcyclists from this modified comparative negligence. This is an important reason why you should seek out a personal injury attorney, especially if you are unsure of the steps needed to file. If you are a victim of someone else’s carelessness, but you were on a motorcycle at the time of the accident, insurance companies may try and take advantage of you. Oftentimes insurance companies will try to place blame on the rider of a motorcycle, saying that there is an inevitable risk that comes with owning one. In the state of Kansas, this can be tricky because of modified comparative negligence.
Martin & Wallentine, LLC
If you or a family member have been in a motorcycle accident, you need to call Jerry Wallentine. Jerry is an experienced personal injury attorney, and he will be able to advise you on the tricks that insurance companies may use. He will do everything he can to fight for you, getting you maximum compensation.
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska