Missouri follows the “comparative fault” rule, which can significantly impact how car accident claims are handled in the state. Understanding this concept is essential if you’ve been involved in a car accident, as it can affect the amount of compensation you’re entitled to receive.
What is Comparative Fault?
Comparative fault is a legal principle that assigns responsibility for an accident to all parties involved based on their level of fault. In Missouri, a “pure comparative fault” rule is used, meaning that each party’s compensation is reduced by their percentage of fault, regardless of how large that percentage may be.
For instance, if you’re found to be 20% responsible for an accident, your compensation will be reduced by that percentage. So, if your total damages amount to $10,000, you would receive $8,000 after the 20% reduction.
How Fault is Determined
Determining fault in a car accident involves gathering evidence, including police reports, witness statements, and any available video footage. Insurance adjusters, attorneys, and sometimes the court analyze this evidence to establish each party’s percentage of fault. This can include behaviors like speeding, failing to yield, or distracted driving.
Working with a knowledgeable attorney is crucial in building a strong case and ensuring that fault percentages are assigned fairly, as an inaccurate determination could significantly reduce your compensation.
Impact on Your Compensation
Missouri’s pure comparative fault rule allows accident victims to recover damages even if they’re mostly at fault, though compensation will decrease proportionally. Here are some scenarios that illustrate how this works:
- Less than 50% at Fault: If you are less than 50% at fault, you can still receive a substantial portion of your compensation. For example, being 30% at fault means you receive 70% of the total damages.
- More than 50% at Fault: Even if you are more than 50% responsible, you’re still eligible for compensation under Missouri law. However, the higher your percentage of fault, the lower your payout will be.
Why Comparative Fault Matters in Missouri
Comparative fault plays a major role in determining fair compensation and emphasizes the importance of proving the other party’s negligence. This rule ensures that each party involved shares responsibility based on their actions, allowing victims to recover damages even if they’re partially at fault.
Protecting Your Rights in a Comparative Fault State
If you’ve been in an accident, protecting your rights starts with collecting evidence, seeking medical attention, and working with an experienced attorney. A skilled lawyer can help ensure fault is assigned accurately and fairly, maximizing your chances of receiving the compensation you deserve. Contact Sticklen & Sticklen today!