Understanding Comparative Fault in Missouri Car Accidents

When it comes to car accidents in Missouri, determining fault is crucial for insurance claims and potential lawsuits. Missouri follows a legal principle known as "comparative fault," which can significantly impact the outcome of your case.

What is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal concept that allocates responsibility for an accident among all parties involved based on their percentage of fault. In Missouri, this principle is governed by state statute 537.765.

How Does Comparative Fault Work in Missouri?

Missouri follows a "pure" comparative fault system. This means:

• Each party can be assigned a percentage of fault for the accident
• You can recover damages even if you're partially at fault
• Your compensation will be reduced by your percentage of fault
• You can recover damages even if you're 99% at fault (though your recovery would be minimal)

Example of Comparative Fault in Action

Suppose you're involved in a sideswipe accident where the total damages are $100,000. The court determined you were 30% at fault, while the other driver was 70% at fault. Here's how it breaks down:

• Total damages: $100,000
• Your fault: 30%
• Other driver's fault: 70%
• Your potential recovery: $70,000 (70% of $100,000)

Why Comparative Fault Matters

Understanding comparative fault is crucial because:

1. It affects your potential compensation
2. It encourages a thorough investigation of the accident
3. It can impact insurance negotiations
4. It may influence whether a case goes to trial

Proving Fault in Missouri Car Accidents

To establish fault in a car accident case, you'll need evidence such as:

• Police reports
• Witness statements
• Photos and videos from the accident scene
• Expert testimony (e.g., accident reconstruction specialists)
• Medical records showing the extent of injuries

It's crucial to document the accident scene thoroughly to support your case.

Common Factors in Determining Fault

Courts and insurance companies consider various factors when assigning fault, including:

• Distracted driving (e.g., using a cell phone)
• Speeding or reckless driving
• Failure to obey traffic signs or signals
• Driving under the influence
• Failure to yield right of way
• Poor road conditions or weather (which may introduce third-party liability)

The Importance of Legal Representation

Given the complexities of comparative fault, having experienced legal representation is crucial. A skilled St. Louis car accident attorney can help:

• Investigate the accident thoroughly
• Gather and present compelling evidence
• Negotiate with insurance companies
• Represent you in court if necessary
• Ensure you receive fair compensation based on the true allocation of fault

Understanding comparative fault is essential for anyone involved in a car accident in Missouri. It can significantly impact your ability to recover damages and the amount you may receive. If you've been in an accident, it's crucial to act quickly to preserve evidence and protect your rights. Don't hesitate to seek legal advice to navigate the complexities of comparative fault and ensure you receive fair compensation for your injuries and damages.