Here’s how Missouri’s comparative fault law affects your car accident settlement & what you can do to maximize compensation. Get trusted legal help today!
Understanding the state’s comparative fault law is crucial if you have been involved in a car accident in Missouri. This law directly impacts how much compensation you can recover, especially if you are found partially at fault for the accident.
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What Is Missouri’s Comparative Fault Law?
Missouri follows a pure comparative fault system. This means that in a car accident, each party involved can be assigned a percentage of fault, and your compensation will be reduced based on your share of responsibility. Even if you are 99% at fault, you can still recover damages, but they will be reduced by your degree of fault.
Example of Comparative Fault in Missouri:
Imagine you are involved in an accident where the total damages amount to $100,000. If you are found to be 20% at fault, your settlement will be reduced by 20%, leaving you eligible to receive $80,000 instead of the full amount. If you were 75% at fault, you could still recover $25,000.
How Fault Is Determined in Missouri Car Accidents
Determining fault in a car accident requires an investigation of the facts. Insurance adjusters, police reports, witness statements, and even expert analysis may be used to assign a percentage of blame to each driver. Some common factors that contribute to fault determination include:
- Traffic violations (e.g., running a red light, speeding, failure to yield)
- Distracted driving (e.g., texting, eating, adjusting the radio)
- Weather conditions that impact visibility and road traction
- Failure to obey traffic signals or signage
- Driving under the influence of drugs or alcohol
How Comparative Fault Affects Your Car Accident Claim
1. Insurance Settlements
Missouri’s comparative fault law plays a significant role when dealing with insurance companies. Insurance adjusters will review the details of the accident and assign fault percentages. They often aim to minimize their company’s payout, so they may argue that you were more at fault than you believe.
2. Lawsuits and Court Judgments
If your case goes to court, the jury or judge will determine fault percentages based on the evidence presented. The final compensation awarded will be adjusted according to Missouri’s pure comparative fault rule.
3. Impact on Legal Strategy
Because Missouri allows recovery even if you are mostly at fault, hiring an experienced St. Louis car accident attorney is essential. An attorney can:
- Gather strong evidence to minimize your fault percentage.
- Negotiate with insurance companies to ensure a fair settlement.
- Present expert testimony and accident reconstruction in court if needed.
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How to Maximize Your Car Accident Settlement in Missouri
To ensure you receive the highest possible compensation:
- Gather evidence immediately – Take photos of the accident scene, your injuries, and any property damage.
- Get witness statements – Independent witness accounts can support your version of the events.
- Avoid admitting fault – Even saying “I’m sorry” could be used against you.
- Seek medical attention – Medical records provide crucial documentation of your injuries.
- Consult a Missouri car accident attorney – Legal representation can prevent insurance companies from unfairly reducing your compensation.
Get Legal Help After a Missouri Car Accident
Understanding Missouri’s comparative fault law is key to ensuring you receive fair compensation. If you have been involved in an accident, it is critical to protect your rights and consult an experienced St. Louis car accident attorney. The Hoffmann Law Firm, L.L.C. has over 25 years of experience handling car accident claims and can help you navigate the complexities of fault and compensation.
Call us today at (314) 361-4242 for a free consultation, or fill out our online request form to discuss your case and learn how we can help you maximize your settlement.
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