Comparative Negligence Laws
When a negligent driver causes your accident, you should be able to hold them accountable. However, in some states, if you are found somewhat negligent, you may not be able to collect compensation.
Kansas Comparative Negligence Laws
Kansas follows the 51% rule of modified comparative negligence when it comes to personal injury cases involving negligent drivers. So, what does this mean for those who have been in an accident? Well, it means that if you are found 51% or more at fault for your injuries, you cannot recover compensation.
However, if you are less than 50% at fault, you can be awarded damages adjusted to your percentage of fault.
Missouri Comparative Negligence Laws
Missouri follows pure comparative negligence, which means that even if you are at some sort of fault for your accident, you can receive compensation. If the injured party was at fault in some way, damages received would be deducted in relation to the injured party’s percentage of fault.
So, even if the injured person is 99% at fault for the accident, the court can still award compensation for that 1% of the fault the other party contributed.
Illinois Comparative Negligence Laws
Illinois uses a modified comparative negligence law. That means the injured party can only recover damages if they are less than 50% at fault for an accident. For instance, if you receive a settlement of $100,000 but are 20% at fault for the accident, you’d only receive $80,000.
If you are found liable for being responsible for over 50% of the accident, you will not be able to recover financial damages.
Oklahoma Comparative Negligence Laws
Oklahoma’s comparative negligence laws have been modified so that you can recover damages even if you were partially at fault for an accident. This state follows the 50% rule. This means that you are able to receive compensation if you are 49% or less at fault for the accident. However, your recovery is reduced by the amount of fault for which you are liable.
You cannot recover damages if you are responsible for 50% or more of the accident.
Colorado Comparative Negligence Laws
Colorado follows the 50% modified comparative negligence law as well. The court assigns a percentage of fault to each party involved in the accident. If you are responsible for less than 50% of the accident, you can receive compensation. Your final amount of compensation is reduced by the amount of fault you are responsible for.
If you are at fault for over 50% of the accident, you are not able to receive damages.
Nebraska Comparative Negligence Laws
Nebraska uses a 50% modified comparative negligence rule. The court assigns a percentage of fault to each party involved in the accident. If you are less than 50% at fault, you can still receive compensation, but your total award will be reduced by your percentage of fault.
However, if you are more than 50% at fault, you cannot recover any damages.
DM Injury Law Is Here to Help!
Here at DM Injury Law, we know how tricky the rules of negligence can be in the states we practice in, and that’s why we’re here to help. We handle all types of car accidents, ranging from drunk driving to Uber and Lyft accidents. You deserve some peace of mind during this challenging time. We’ll handle the hard work while you recover from your injuries.
When you’re ready, reach out to us to discuss your case over a free consultation. We serve many locations, including:
- Kansas City, MO, and KS
- Topeka, KS
- Wichita, KS
- Columbia, MO
- St. Louis, MO, and IL
- Oklahoma City, OK
- Denver, CO
We also take cases in Nebraska. Contact us today to get started.