What is comparative negligence?

Comparative negligence is a legal doctrine used in Kansas car accident cases that compares the amount of fault each party involved in the accident has in causing the damages. It assigns a certain percentage of blame to each party, and depending on the percentage, will determine how much compensation each party is entitled to. Under Kansas law, a party can be found partially at fault for a car accident and still be able to recover damages from the other party. The court will assess each party’s percentage of fault for the accident and award a certain percentage of the total damages to each party. The total damages awarded to each party will be based upon their respective amount of fault. For example, if one party is found to be 50% at fault and the other is found to be 50% at fault, the court will award 50% of the total damages to the first party and 50% of the total damages to the second party. If one party is found to be 70% at fault and the other is found to be 30% at fault, the court will award 70% of the total damages to the first party and 30% of the total damages to the second party. This system is beneficial in cases where it is unclear which party is responsible for the damages. It allows the court to assign a fair amount of fault and compensation to each party without the need for a trial.

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