Several major highways run through Wichita and the surrounding area, meaning an increased presence of large commercial trucks. If these trucks collide with a passenger vehicle, they can cause catastrophic personal injuries or even death. If you decide to bring a case against the truck driver or the trucking company, there are three phases to every trucking case. Personal injury lawyer, Scott Mann of Mann, Wyatt & Tanksley Injury Attorneys, explains that the first phase that could help you win your case is called comparative fault.
“You must establish that there is fault on the part of the truck driver or the trucking company,” Mann said. “Kansas has what’s sometimes called the ‘51% Rule’ which means you must prove that the truck driver and trucking company in combination were at least 51% responsible for the accident.”
Legal encyclopedia, NOLO.com, says the 51% Rule falls under a type of law known as modified comparative negligence. Their definition states: “An accident victim’s recovery is limited if the victim’s fault exceeds a certain degree. (In Kansas) an accident victim can only recover damages if his or her fault is less than that of the defendant.”
So it’s important to understand, if you bring a case against a trucker and/or trucking company in the state of Kansas, your comparative fault must be assessed as 49% or less. Even if comparative fault is split equally, you receive no compensation in the case.
Contact a Wichita Personal Injury Lawyer Immediately
If you’ve recently suffered a personal injury from a trucking accident in the Wichita area, contact Mann, Wyatt & Tanksley Injury Attorneys to set up a free consultation today. With more than 75 years of combined litigation experience, we have helped clients receive the compensation they deserve for:
- Medical treatment
- Rehabilitative care
- Lost wages from time take off work
- Future lost income for disabling injuries
- Property damage
- Pain and suffering
- Emotional trauma