Semi-truck accidents are disproportionately likely to result in severe and catastrophic injuries. The National Safety Council (NSC) reports that more than 5,700 people were killed nationwide in tractor-trailer crashes in 2021. Tens of thousands more people sustained devastating injuries. Truck companies must be held accountable if their negligence contributed to a serious crash. This raises an important question: Can you recover financial compensation if you are partially responsible for your own crash? The answer is “yes”—at least when certain criteria are satisfied. Here, our Kansas City semi-truck accident attorney explains the key things that you should know about partial fault for tractor-trailer crashes in Missouri and Kansas.
Truck Accident Injury Claims Fall Under State Law: Comparative Fault in Missouri/Kansas
When a truck accident occurs in Kansas City, the laws of Missouri or Kansas will apply, depending on where the accident happened. Both states are comparative negligence jurisdictions—but there is an important difference in how the law is applied:
- Missouri (Pure Comparative Fault): In Missouri, a pure comparative fault system is followed. This means that if you are partially at fault for the truck accident, you can still recover compensation. However, your recovery will be reduced by your percentage of fault.
- Kansas (Modified Comparative Fault—50 Percent Bar): Kansas is also a comparative negligence state. However, the state follows a modified comparative fault system with a 50% bar. If you are 50% or more at fault for your accident, you cannot recover.
Every Semi-Truck Accident Should Be Thoroughly Investigated
A comprehensive investigation of a crash is a must. The details/evidence gathered will impact the attribution of the fault and the consequent compensation recovery. Among other things, the investigation should include collection of evidence from the scene, examination of the vehicles involved, review of any available camera footage, interview witnesses, analysis of the truck driver’s logs and history, review of vehicle inspection records, and more. Be proactive: Consult with a Kansas City semi-truck accident attorney as soon as possible after a serious collision.
The Bottom Line: You Can Still Pursue Compensation Even With Partial Fault
In summary, being partly at fault for a truck accident in Kansas City does not necessarily preclude you from recovering compensation. The key is understanding the comparative fault rules that apply in the state where your accident occurred. In Missouri, any degree of fault will diminish your compensation but not eliminate it, whereas in Kansas, you must be less than 50% at fault to recover damages.
Set Up a Free Case Review With a Top-Tier Kansas City Truck Accident Lawyer
At House Law LLC, our Kansas City semi-truck accident attorney fights to help injured victims maximize their financial support. If you have any questions about comparative negligence in a trucking accident claim, professional representation can help. Contact us today for a free consultation. From our Kansas City office, we represent truck accident victims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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