Thousands of trucking accidents occur each year in and around Wichita, Kansas, and often fault might not be clear or there might be shared fault in the accident. That’s why the Mann, Wyatt & Tanksley Midwest Personal Injury Firm is commonly asked, “If I’m partially at fault for a trucking accident in Wichita, can I still recover compensation?”
According to founding attorney and partner, Scott Mann, “You can, but laws vary between states.”
Kansas has what’s called proportional comparative fault, which bars recovery if you are as at fault or more at fault than the truck driver. This means that if you are 49.9% at fault (or less), you can recover 50.1% of your damages (or more).
Example: A truck driver was traveling 30 miles per hour over the speed limit when he hit Mary’s car at an intersection. Even though Mary was partially at fault for not waiting until the road was completely clear before crossing, the insurance company determined the trucker was 60 percent at fault due to his excessive speed, which means Mary was only 40 percent at fault. Although the trucker suffered a broken leg from the accident, he is not entitled to recover for his injury due to the fact that he was more at fault for the accident. However, Mary is entitled to recovery for her injuries.
Contact Mann, Wyatt & Tanksley Trucking Accident Attorneys in Wichita
Have you been injured in a trucking accident in or around the Wichita area? Whether the accident was partially your fault or not, it’s important to contact a trucking accident attorney who can look at all the facts and discuss the best plan of action.
The Mann, Wyatt & Tanksley Midwest Personal Injury Firm works on contingency, so there are no fees unless/until a settlement or verdict is reached, which means you have nothing to lose and everything to gain! We can help you investigate your trucking accident to compile evidence, negotiate on your behalf with the other driver’s insurance company and, if needed, file/pursue a lawsuit.
Request a free consultation with our team of Wichita trucking accident attorneys or contact us directly at (877) 768-2400. We look forward to speaking with you!