In Missouri, a split second on the road can change everything. One of the most common questions we hear at Sticklen & Sticklen is, “Can I still file a claim if I was partially responsible for the accident?” Whether it’s a fender bender in Columbia or a more serious collision on I-44 near Joplin, the answer is often a resounding yes. Missouri follows a legal doctrine known as pure comparative fault, which is designed to ensure that victims are not unfairly barred from seeking justice just because the circumstances of an accident were complex.
Understanding Missouri’s Pure Comparative Fault Rule
Unlike some states that prevent you from recovering any compensation if you are found to be even 51% at fault, Missouri is much more accessible for injured parties. Under the pure comparative fault system, a plaintiff can recover damages even if they are 99% at fault for an accident. However, the total amount of compensation you receive will be reduced by your percentage of responsibility.
For example, if a jury determines that your total damages, including medical bills, lost wages, and pain and suffering, equal $100,000, but they also find that you were 20% responsible for the crash because you were slightly over the speed limit, your final award would be $80,000. This system allows for a fair distribution of liability while ensuring that negligent parties are still held accountable for their share of the harm caused.
How Insurance Companies Use Fault Against You
While the law is designed to be fair, insurance adjusters are trained to use comparative fault to their advantage. Shortly after an accident, you may receive a call from the other driver’s insurance company. They might ask leading questions or request a recorded statement, hoping you will admit to even a small mistake. Their goal is to maximize your percentage of fault to minimize the amount they have to pay out.
This is why having a local attorney who knows the “home field” is vital. At Sticklen & Sticklen, we meticulously investigate the details of your case, analyzing police reports, witness statements, and traffic camera footage, to ensure that fault is assigned accurately. We don’t let insurance companies push our neighbors into accepting less than they deserve.
Protecting Your Right to Fair Compensation
Determining fault is rarely a simple task. It requires a deep understanding of Missouri statutes and a commitment to looking at the evidence from every angle. Whether your accident involved a distracted driver, a failure to yield, or poor road conditions, the nuances of your case matter. By proving the other party’s negligence was the primary cause of your injuries, we work to keep your fault percentage as low as possible, protecting your financial future.
If you’ve been injured in an accident, don’t assume that a mistake on your part ends your legal options. Our father-daughter team is here to provide the compassionate, professional guidance you need to navigate the Missouri legal system.
If you have questions about your accident or how comparative fault might affect your claim, contact Sticklen & Sticklen today. We offer free consultations for our neighbors in Joplin, Columbia, and throughout Mid-Missouri. Let us help you get your life back on track.