Missouri's Comparative Negligence Laws in Auto Accidents

Missouri follows a pure comparative negligence system for car accidents. Here's what that means for you:

Shared Fault Allowed: Unlike some states with contributory negligence rules, Missouri allows you to recover compensation even if you were partially at fault for the accident.
Percentage of Fault Matters: The key factor determining your compensation is the percentage of fault assigned to you. The court will determine the total damages you suffered and then reduce that amount by your percentage of fault.
Example: Imagine you suffer $10,000 in damages from a car accident, but the court finds you 20% at fault. You would still be entitled to recover compensation, but it would be reduced by 20%. In this case, you would receive $8,000 ($10,000 total damages x 80% because you were 20% at fault).

Here are some additional points to consider regarding Missouri's comparative negligence laws:

Burden of Proof: The party claiming fault (usually the other driver's insurance company) has the burden of proving your percentage of fault.
High Fault Can Bar Recovery: In rare situations, if you are found to be more than 50% at fault, you may be barred from recovering any compensation. However, this is uncommon.
Importance of Evidence: Having a strong case that demonstrates the other driver's negligence and minimizes your contribution to the accident is crucial. This can involve police reports, witness statements, accident scene photos, and evidence like traffic camera footage (if available).

How Comparative Negligence Can Affect Your Case:

A personal injury lawyer can be instrumental in navigating Missouri's comparative negligence laws. Here's how:

Negotiating with Insurance Companies: Insurance companies will often try to assign you a higher percentage of fault to minimize their payout. A lawyer can fight for a fair assessment of fault based on the evidence.
Understanding the Law: They can ensure you understand the legal nuances of comparative negligence and how it applies to your specific situation.
Building a Strong Case: They can gather evidence to support your claim and minimize the percentage of fault attributed to you.

Remember: Even if you believe you share some blame for the accident, don't hesitate to consult with a personal injury lawyer. Missouri's pure comparative negligence system allows you to recover compensation as long as you are not found more than 50% at fault. An experienced lawyer can help you navigate the legal process and fight for the compensation you deserve.