Brad Pistotnik Law
Abogado El Toro

What comparative fault law does Kansas have?

Kansas is a conservative state that follows the comparative fault rule that says that if you are 50% or more at fault you are unable to collect any monetary damages for your bodily injury from a car accident, truck accident, motorcycle accident or other pedestrian and vehicular accident. Kansas has very strict conservative rules and make it a defense type state that is not always a good place for injured plaintiffs. Regardless, at Brad Pistotnik Law, we’ve worked hard since 1983 to determine ways to convince insurance carriers and juries that cases with comparative fault can be shown to be less than 50% fault. In that case, the injured plaintiff loses the percent of fault that they have but can still recover for the other fault from the defendant. If you are 50% at fault you get zero damages, but if you are 49% at fault you still collect the other 49%.

I litigated a case in Missouri recently that had an injured car dealer who was crushed under a moving vehicle at an auto auction. This unfortunate person ended up having to have an amputation of the leg. Fortunately, the accident occurred in Missouri where they do not have a comparative fault law like Kansas. In Missouri, they still have pure comparative fault so if you are 50% at fault you can still collect for the other 50%. This change in law made a substantial difference for this individual.

The Kansas comparative fault statute can be found at K.S.A. 60-258a. This comparative fault statute states the contributory negligence of a party in a civil action does not bar that party or its legal representative from recovering damages for negligence resulting in death, personal injury, property damage or economic loss, if that party’s negligence was less than the causal negligence of the party or parties against whom a claim is made. In that event, the award of damages to that party must be reduced in proportion to the amount of negligence attributed to that party. When the comparative negligence of more than one party is at stake then each party is liable for that portion of the total dollar amount awarded as damages to the claimant in the proportion that the amount of that party’s causal negligence bears to the amount of the causal negligence attributed to all parties against whom recovery is permitted. Clearly, these rules are confusing to the average person. The jury instructions that are given will help control the outcome of the case. Different judges may give modified jury instructions. The instructions in state court may be different from federal court. Most cases are won or lost based upon the evidence and whether or not a judge provides fair jury instructions to properly instruct a jury on the correct law. At Brad Pistotnik Law our lawyers are experienced to understand the fine distinctions that arise from changing a few words in a jury instruction to a different meaning. Judges normally are not supposed to give causation type instructions but sometimes they do and when they do it causes extreme jury confusion. If the wrong comparative fault instruction is given it can cause a plaintiff to lose a case.

When you have an auto accident, truck accident, motorcycle accident, bicycle and vehicle accident, farm accident or construction accident, you need a trained and skilled auto accident attorney or lawyer and/or a skilled and trained truck accident lawyer. If you have been in a motorcycle accident then you need a skilled motorcycle accident attorney or lawyer. Brad Pistotnik has been practicing law since 1981. Brad has helped personal injury victims since 1983. Brad Pistotnik has helped tens of thousands of injured persons over the last several decades and we continue our practice with a concentration in truck accidents, tractor-trailer accidents, fleet vehicle accidents, motor carrier accidents, car accidents, motorcycle accidents, bicycle-vehicular accidents and other accidents involving moving vehicles and farm equipment or big equipment and heavy equipment.

Brad Pistotnik Law has lawyers that practice in Kansas, Missouri, Nebraska, Oklahoma and Illinois. We work across all of these states and we will come to you by car or plane to your home or hospital. If you have been injured and need a personal injury attorney or lawyer then call Brad Pistotnik Law whether you live in Garden City, Wichita, Kansas City, Springfield, Decatur, Chicago, Lincoln, Kearney, Omaha, Blackwell, Enid, Oklahoma City, Tulsa, Garden City, Dodge City, Kingman, Pratt, Hutchinson, Salina, Liberal, Colby, Goodland, Satanta, Ulysses, Bird City, Ness City, Scott City, Emporia, Newton, McPherson, Colby, Hays, Abilene, Guymon, Manhattan, Lawrence, and other large and small cities and towns across these 5 states.

We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206. Our new office on E. Kansas Avenue next to Applebees opens in February of 2018 so we can help clients across southwestern and northwestern Kansas and in the panhandle of Oklahoma.