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 Injury Attorneys 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.” [videosingle id="20795" width="100%" height="400" rel="false" /] 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.
FAQ: If I’m Partially at Fault for a Trucking Accident, Can I Still Recover Compensation in Wichita, Kansas?