Wondering what happens if both drivers share fault in a car accident? Contact The Hoffmann Law Firm L.L.C. today for a free consultation.
Car accidents aren’t always straightforward. In some cases, both drivers may share responsibility for the collision. Understanding how shared fault impacts liability, compensation, and the legal process is crucial if you find yourself in this situation.
The Hoffmann Law Firm is here to help if you’re navigating a shared fault accident. Our experienced car accident attorneys will fight to ensure you receive the compensation you deserve. Contact us today for a free consultation!
Shared fault, also known as “comparative negligence,” occurs when more than one party bears responsibility for a car accident. This concept acknowledges that accidents often arise from multiple drivers’ combined actions (or inactions).
Types of Comparative Negligence Laws
States handle shared fault differently, based on their specific laws. Here are the main frameworks:
Pure Comparative Negligence
Each party can recover damages proportional to their percentage of fault, even if they are mostly to blame. For example, a driver who is 90% at fault can still recover 10% of the damages.
Modified Comparative Negligence
Recovery is limited if the claimant’s share of fault exceeds a certain threshold (usually 50% or 51%).
Example: In a 51% rule state, a driver 52% at fault cannot recover damages.
Contributory Negligence
Any fault by the claimant completely bars recovery, even if they are only 1% at fault.
These laws are much stricter and apply in only a few states.
Missouri’s Approach: Pure Comparative Negligence
Missouri follows the pure comparative negligence rule, meaning you can recover compensation even if you are partially or mostly at fault. However, your compensation is reduced by your percentage of fault.
How Is Fault Determined?
Fault is usually determined by:
Police Reports
A police report often includes the officer’s observations and conclusions about fault based on evidence at the scene.
Eyewitness Statements
Neutral third parties can provide valuable insights into what happened.
Surveillance or Dash Cam Footage
Video evidence can clarify conflicting accounts.
Accident Reconstruction Experts
In complex cases, experts analyze factors like vehicle speeds, skid marks, and points of impact.
Traffic Laws
Violations such as running a red light or failing to yield can weigh heavily in determining fault.
Yes, shared fault principles apply to property damage and personal injury claims.
Contact The Hoffmann Law Firm L.L.C Today
Shared fault can complicate car accident claims, but understanding how it works can help protect your rights and maximize your compensation. In Missouri, pure comparative negligence allows you to recover damages even if you’re partially to blame. However, minimizing your fault percentage is vital to securing a fair outcome.
The Hoffmann Law Firm is here to help if you’re navigating a shared fault accident. Our experienced car accident attorneys will fight to ensure you receive the compensation you deserve. Contact us today for a free consultation!
Chris Hoffman is an excellent attorney. He is the best above the rest. What makes him different? He communicates promptly - I don't have to leave message after message for him to reach out to me. When I telephone his office, if he doesn't answer the telephone, his assistant does. Chris Hoffman is very attentive and focused. He means business, and he hit the ground running on the cases. I'm so blessed to have him for my attorney.
"Of all the lawyers I have met, this one is a true professional. This attorney goes against the biggest law firms and wins!"
Response from the owner:The compliment is much appreciated. Like every profession, it all starts with training our lawyers to be the best at every aspect of car accident cases. But the foundation of a great case is a great client. Thanks!
I'd say this lawyer is in the top three of the best you'll ever see. Add this attorney to the interview list if you ever get in an automobile accident. This Law Firm is on another level.
Response from the owner:Much appreciated. Techniques that an attorney or any professional uses are paramount for success. This is part of our lawyers training and preparation. It leads to success. Thank you!
People say this is the best car accident lawyer in St.Louis. Yep! Seeing this attorney in action is incredible.
Response from the owner:Great compliment. We work hard to be the best. Our lawyers also work very hard to help other lawyers in our profession. Not matter what, a cases is only as good as the client is. Thanks!
Response from the owner:Thanks! Referrals and recommendations from prior car accident clients is our #1 source of cases. People who grew to trust us send family and friends.
The Hoffman law firm is truly professional. After hiring them I was truly relieved and knew I was in good hands. Highly recommend!
Response from the owner:Being in good hands is important. Many lawyers take cases with little experience and little resources. Our firm specialized decades ago. We are focused exclusively on accident cases.
The lawyers on tv just dont compare for auto accident injury cases. Mr.Hoffmann is as good as they get.
Response from the owner:Thank you. The TV attorneys are just settlement mills. People are hiring a paralegal, not a lawyer. Our law firm is different. You are represented by an attorney and we do not have settlement quotas.
I would describe this lawyer as highly educated, sharp, and top of his game. Explains the car accident process and treatment options well. The lawyer said if they don’t pay you, we will have the jury take it from the insurance company. Great lawyer. Dynamic person.
Interviewed all the TV car accident lawyers and decided to call this law firm that had great reviews. So happy I did. What a difference!
Response from the owner:TV car accident lawyers are just mass production. This is not a good fit for litigated cases. Paralegals instead of lawyers. Monthly quotas for settlements. Car accident victims end up in a cattle call with the lawyers on TV.
Love my car accident lawyer. This law firm is a step above.
Response from the owner:Our lawyers train and track the best approaches on cases. Whether litigation in cases or the practicalities of certain treatment, the growth of our lawyers over time is paramount. Always staying ahead of and setting practice trends. Thank you.
Serious family member have a car accident injury? Look no further. This litigator is for real. Always two steps ahead of the other lawyer.
Response from the owner:This is a sad reality for car accident lawyers. The #1 passenger in an auto accident is a relative. Helping a family make it through this and putting the family back together is one of the most rewarding things I do as an automobile accident attorney.
This lawyer handles really big accident cases in St Louis. He is a lawyer, accountant and has his masters in tax so he gets the injury cases for individuals that can never go back to work or individuals own a business and cannot run it due to injury. He specializes in valuations of massive loss. Thank goodness a firm like this exists.
Response from the owner:Thank you. When accident are severe and you lose the ability to work or to continue a business, having an accounting and tax background is key. Valuing large losses are second nature for us.
Asked a trauma surgeon who operates on car accident victims who are the best injury lawyers that have taken his deposition. He said “by far” it was Mr Hoffmann. Interviewed several attorneys and this was a correct assessment. In a league of his own!
Response from the owner:Our attorney have deposed nearly all the trauma surgeons at every Level 1 Trauma Center in Saint Louis. These doctors save lives after a car accident. Whether controlling bleeding or reestablishing blood flow or bone structures, they are life savers.
Few lawyers in St. Louis can handle the biggest injury cases! This is one of them!
Response from the owner:Our law firm has made great efforts in terms of training to handle life changing injury cases. Whether in depth knowledge of the medical, loss of income and earning capacity, or lifetime medical care plans, our clients feel confident and know their case is in good hands. Thank you for the compliment.
Cannot say enough about this lawyer. Call if in an accident. This attorney handles the biggest car accidents in St Louis.
Response from the owner:Thanks Ash! Our biggest source of cases is our clients. Our second biggest referral source is defense lawyers telling their relatives to call us. Few lawyers can handle the largest cases. Our law firm welcomes and has trained for this. We don’t do mass production settlement like the lawyers on TV. Our clients can never go back to work. Their cases need massive focus and effort and often long fought litigation.
So glad I called attorney Hoffmann. This time I got it right! So glad I hired the Hoffmann Law Firm - professional, reliable and available.
Response from the owner:Thanks Taylor. Our lawyers answer the phone day, night, weekends and even during lunch. Being professional means training to beat the best defense lawyers. Client rely on us to get results and we do.
Great lawyer. Cares about his clients, knows his stuff and goes the extra mile. I recommend this lawyer for car wreck injury claim. Every other lawyer on TV would not even help with my property claim. This attorney did.
Response from the owner:Thank you for the kind words. Every case starts with a great client. You are correct the car accident lawyers on TV are mass production settlement mills. When injury clients fire them, we get their files and the cases are not worked up at all. Appreciate your confidence in us!
