How does liability for a car accident get determined?
In order to determine liability for a car accident in Kansas, it is usually necessary to prove negligence on the part of one or both of the involved parties. Negligence is the failure to exercise the level of care that a reasonably prudent person would have used in the same or similar circumstances. Negligence can be proven through evidence like witness testimony, photographs, or video of the accident scene, accident and police reports, and medical records. In Kansas, the concept of comparative fault is used to determine the liability of each party in a car accident. With comparative fault, each of the involved parties is allocated a portion of the fault based on the degree of their own negligence in causing the accident. If one of the parties is found to be more than 50 percent at fault, they will generally be held liable for all damages caused by the other party. However, if both parties are found to be less than 50 percent at fault, then each party is responsible for a specific percentage of the damages. In addition, the state of Kansas requires drivers to have automobile insurance in order to have financial protection in the event of an accident. If someone is injured, their insurance company can cover the costs of medical bills, lost wages, and other damages associated with the accident. Even if someone is not found to be at fault in an accident, they can still seek compensation from the other party’s insurance company. Ultimately, determining liability for a car accident in Kansas is a complex process that requires the knowledge of an experienced attorney.
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