The crash itself happens in seconds. The noise, the jolt, the airbag—then silence. But in the aftermath, everything slows down. Who caused it? Whose insurance pays? What really happened?
You might assume fault is clear-cut. Spoiler: it rarely is.
In Salina, Kansas, determining fault after a car accident is a multi-step process—one that involves more than just pointing fingers and filling out a police report. Car accident lawyers in Salina KS know that behind every crash is a tangled mess of facts, assumptions, and often, competing narratives.
So how do they figure out who’s truly to blame? Let’s break it down.
Step One: The Police Report Is a Starting Line—Not the Finish Line
When the officer hands over that official-looking report, it might feel like the case is closed. But for attorneys, it’s just the beginning.
Yes, a police report may contain useful details:
- Statements from drivers and witnesses
- Diagrams of the scene
- Preliminary conclusions about fault
But here’s the thing: police officers aren’t judges. They arrive after the crash, rely on what they’re told, and often don’t witness the collision themselves.
A lawyer will read the report carefully—then go further.
Step Two: Eyewitnesses Can Make or Break It
Was someone walking their dog nearby? Sitting at the red light next to the crash? Eyewitnesses often fill in crucial gaps, especially when drivers give conflicting accounts.
But memories fade fast. And stories shift. That’s why attorneys move quickly to:
- Interview witnesses
- Lock in testimony through written or recorded statements
- Cross-check versions of the story
If a third party says you had the green light and the other driver blew through the red? That could swing everything.
Step Three: Evidence Tells the Unspoken Truth
Forget what people say—look at what the scene shows.
Lawyers often collect and review:
- Photos of vehicle damage
- Skid marks or debris patterns
- Traffic camera footage
- Dashcam video
- Weather conditions at the time
Even black box data (yes, your car might have it) can be pulled to reveal speed, braking force, and steering input seconds before impact. It’s like CSI for car crashes—and the details don’t lie.
Step Four: Kansas Comparative Fault Law—Because You Can Be Partially to Blame
Here’s where things get legally nuanced. Kansas follows a modified comparative fault system.
In short:
- If you’re less than 50% at fault, you can still recover damages
- But your compensation will be reduced by your percentage of fault
- If you’re 51% or more at fault, you get nothing
That means proving the other party was more at fault becomes essential. Even a small shift in percentages—say, from 40% to 30%—can impact how much money ends up in your pocket.
So, yes, the details matter. A lot.
Step Five: Insurance Companies Love Gray Areas—So Lawyers Close the Gaps
Insurance adjusters aren’t neutral. Their job is to minimize payouts. And if there’s any ambiguity about who caused the crash? Expect them to exploit it.
That’s why car accident lawyers in Salina KS don’t just collect evidence—they build a narrative. They present a clean, compelling version of events backed by hard proof.
And when insurers try to muddy the waters with lowball offers or vague claims? They push back. Hard.
Final Thought: Fault Isn’t Just a Feeling—It’s a Legal Strategy
You might feel certain you weren’t to blame. Or maybe you’re unsure. Maybe you’re worried you made a mistake.
That’s exactly why fault evaluation is so important—and so complex.
It’s not about casting blame for the sake of it. It’s about making sure the right party takes responsibility, and that you don’t get stuck paying for someone else’s recklessness.
Because getting fault right is the first step toward getting justice.