Kansas City is a hub of industry situated between two states and as such, the city and surrounding area is a network of highways. The highway system in and around Kansas City ensure a heavy 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. “Missouri is a pure comparative fault state so if you can prove any fault, even one percent, on the part of the truck driver or trucking company then you would be able to recover that percentage of your damages.”
According to legal encyclopedia, NOLO.com, pure comparative fault can be defined this way: “In ‘pure’ comparative negligence jurisdictions, accident victims can recover some compensation for their injuries no matter how negligent they were in their own driving, even where their degree of fault is higher than the defendant’s degree of fault.”
That means, in the state of Missouri, you can seek damages in your accident if you can prove that the truck driver or trucking company had as little as one percent fault. That being said, it is important to understand you will only recover the damages equivalent to the trucking company or truck driver’s degree of fault.
Contact a Kansas City Personal Injury Attorney Immediately
If you’ve sustained a personal injury as the result of a trucking accident in the Kansas City area, call the attorneys at Mann, Wyatt & Tanksley today. With more than 75 years of combined litigation experience, they will fight to get you the compensation you deserve.