Hurt in a car crash in Kansas City? You need compensation to pay your bills and support your family. Insurance companies can be difficult to work with after a serious crash. It is crucial that you are able to prove negligence. Here, our Kansas City motor vehicle accident attorney explains what negligence is and why it matters so much for an automobile accident claim.
Negligence is the Failure to Take Proper Care
The American Bar Association (ABA) explains that negligence is the “basis for most personal injury lawsuits.” Broadly defined, it is the failure to exercise reasonable care in a manner that contributes to an accident. Some notable examples of negligence in car crash claims include:
- Speeding;
- Running red lights;
- Running stop signs;
- Failure to yield;
- Following too closely;
- Distracted driving; and
- Intoxicated driving.
There are four required elements of negligence. The victim needs to prove that the defendant owed him or her a duty of care, that the defendant breached that duty, that actual harm was suffered, and that the defendant’s failure to exercise reasonable care actually contributed to the accident.
Auto Accident Liability is Based on Fault (Missouri and Kansas)
Negligence is a vital element in motor vehicle accident claims because these are fault-based legal cases. Indeed, in both Missouri and Kansas the at-fault party can be held legally responsible for a crash. The driver—or other party, such as a trucking company, highway maintenance crew, or vehicle manufacturer—who was determined to be “at fault” for an accident can be held liable for the resulting damages.
Understanding the Role of Comparative Fault in a Car Accident
Comparative fault is a legal doctrine that reduces the amount of damages a plaintiff can recover in a lawsuit based on the percentage of their own responsibility for causing the accident. All motor vehicle crashes in the Kansas City metropolitan area are subject to comparative fault rules:
- Missouri: Under Missouri law, car crashes are subject to a pure comparative fault standard of liability. Each party to a crash is liable for their share of the damages.
- Kansas: Under Kansas law, car crashes are subject to a modified comparative fault standard. An injured victim can still seek compensation so long as they are at fault for less than 50 percent of the blame for the accident.
Remember, fault is based on negligence in most car accident claims. To prove another driver’s negligence, it is crucial that you have access to all relevant evidence—from photographs to witness statements to police reports. An accident should be thoroughly investigated by a Kansas City lawyer.
Contact Our Kansas City Auto Accident Lawyer Today
At House Law LLC, our Kansas City auto accident attorney has the professional expertise that you can trust. If you or your loved one was hurt in an automobile accident and you have questions about negligence, please do not hesitate to contact us today for a free case review. With an office in Kansas City, we fight for the rights of car crash victims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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