KANSAS GUIDE 17
Kansas Comparative Negligence & Crash Liability
Kansas uses modified comparative negligence. Under K.S.A. 60-258a, a claimant may recover only when the claimant’s negligence is less than the causal negligence of the party or parties against whom recovery is sought; damages are then reduced in proportion to the claimant’s negligence.
- A claimant at 50% negligence is barred when the opposing causal negligence also totals 50%, because the claimant’s negligence is not less.
- Identify all potentially responsible parties before fault allocation.
- Preserve physical, electronic and witness evidence relevant to causation and percentage allocation.
- Account for Kansas’s several-liability allocation when evaluating multiple defendants.
Primary Kansas Source
K.S.A. 60-258a — Comparative Negligence
Current-law review: September 16, 2026. Apply the statute together with current Kansas appellate authority and the facts of the crash.
VictimsGuide 