Missouri is a comparative law state, which means that it is possible for both, or multiple drivers, to be found at-fault and partially responsible.
The driver who is responsible and liable for paying for an accident in Missouri is generally the one who is found negligent for it. The doctrine of negligence states that someone is considered at-fault if they do something that directly leads to an accident.
It also states that if you don’t do something or fail to act in a specific way, and an accident happens as a direct result, you may likewise be deemed negligent and at-fault.
Missouri is a comparative law state, which means that it is possible for both, or multiple drivers, to be found at-fault and responsible. So, if you are in an accident, you can be found partially responsible, whether you agree or not.
When You May Be Held Responsible
There are many reasons why a driver can be found partially responsible for an accident. Even if you were following the rules of the road, it might be possible for an insurance company to claim that you didn’t follow your duty of care in an accident, and, therefore, you hold some responsibility for it happening. They may claim that you are partially at-fault for the accident.
For instance, if someone rear-ends you, it is generally reasonable for you to assume that, since they hit you from behind, they are at-fault and responsible, especially if you didn’t receive a ticket for any actions you took.
However, if it was raining out, and you didn’t have your turn signal on, it might be possible for the insurance company to claim that your failure to use a turn signal was partially to blame for another car smashing into the back of your vehicle.
What If You Believe That You Aren’t At-Fault
It is difficult to fight against an organization like an insurance company, but it is possible with help.
If you don’t work with a St. Louis car accident lawyer, pleading your case and not paying for a portion of the accident may be extremely difficult. If you don’t have someone in your corner who is looking out for you, it becomes challenging to win against an insurance company’s assertion that you are to blame.
If you are found partially responsible, you will be responsible for paying for your “portion” of the accident. Once the total cost of damages is calculated, each party is generally responsible for paying for the portion of negligence that they contributed to the crash.
If an insurance company is claiming that you are partially responsible for an accident and you don’t believe that you are, it’s highly recommended that you speak with an experienced St. Louis car accident attorney to represent you and to ensure that you aren’t left paying for something that was not your fault. In fact, to ensure your legal rights are protected, it is recommended to speak with an experienced attorney before you decide to speak with the other driver’s insurance company.