If you are involved in a car accident case and it is found that you were texting at the time of the collision, it could make things complicated for you. However, it does not necessarily stop you from getting compensation for your injuries. It is illegal to text and drive in Kansas, but you might still be able to get money for your injuries.
Kansas follows the modified comparative negligence system, where you can still get damages even if you are partly at fault. However, the percentage of fault should not be more than 50%. Your texting will be a factor in figuring out how much fault you share, but there are other factors that they consider. This includes the other driver’s actions, road conditions, etc.
For example, if another driver ran a red light and hit your car while you were texting, both of you might share some fault. The other driver’s mistake and your texting will be considered together. Since these cases are so tricky to understand, it is important to have an attorney from Pottroff & Karlin LLC on board. A good car accident lawyer can help you understand your case.
What is the comparative negligence system in Kansas?
Kansas uses a system called “modified comparative negligence”. This determines how much money you can get after an accident caused by texting and driving. According to this law, if you are 50% or more responsible for the accident, you cannot get any compensation from the other driver.
Texting while driving does not automatically stop you from getting money for your injuries. However, it can still reduce the amount you get, or you might get no compensation at all. All of it depends on how much blame you get for the accident.
Texting while driving is very dangerous. Research shows that people who text while driving are 23 times more likely to be in a car accident. When you look at your phone to read or send a text, you are not paying attention to the road.
If you look at your phone for just five seconds on a highway, where speeds are higher, it is the same as driving the length of a football field without looking at where you are going.
What are the legal consequences?
In Kansas, it is illegal for you to text while driving, no matter how old you are. This rule applies even if you are stopped at a red light or a stop sign. If you break this law, you could face legal trouble, including fines. The first time you get caught, you will have to pay a fine. The penalties keep increasing as you keep breaking the rules.
If you are in an accident while texting, determining who is responsible is not always easy. The court looks at many things, not just whether you were texting. They consider other factors like how the other driver was behaving, road and weather conditions, and what happened before the accident.
For example, if the other driver was speeding or ran a red light, both of you might be partially responsible. The goal is to figure out how much fault each person has in causing the accident.
How to effectively build your legal case
Even if you were texting before or at the time of the accident, you can still show that the other driver’s actions mostly caused the accident. You can do this with the help of evidence like witness statements, police reports, or video footage from nearby cameras. A good lawyer can help you gather this evidence and build a strong case by carefully looking at all the facts.
Involved in a car accident while texting? You have rights!
If you are involved in a car accident where you were texting, do not be scared to file a claim. Hire an attorney to determine your chances of winning!
