Understanding Missouri’s comparative fault laws is crucial for anyone in the state who drives, particularly if they have been in an accident. The state follows the “pure comparative fault” system of laws, which can significantly affect the compensation a plaintiff receives after their accident.
Comparative fault
This legal doctrine assigns a percentage of fault to each party involved in an accident. In Missouri, this means that if you are found to be partially at fault for the accident, your compensation will be reduced by your percentage of fault.
Comparative fault in action
While it may sound confusing, the legal doctrine of pure comparative fault requires that a percentage of fault be established and after that, the compensation is calculated. In a typical car accident case, the insurance companies involved will investigate the circumstances of the incident.
They will gather evidence, interview witnesses, and review police reports to determine each party’s degree of fault.
What happens next?
After the insurance companies do their due diligence, you can move along in your claim and recover damages even if you were partly at fault. In Missouri specifically, even if you were more than 50% at fault, which is not the case in many other states.
Other states use a modified comparative fault rule, which bars recovery if you are found to be more than half responsible.
Burden of proof
However, it is essential to understand that the burden of proof lies with you. This means that you must provide evidence that backs up your claim and demonstrates the other party’s negligence. Here, a personal injury attorney is usually where they do most of the work.
It is not easy to put together a case, but an experienced attorney knows how. If you live in Missouri and drive, you should understand how pure comparative fault works. By understanding these basic principles, you are one step ahead of those who do not.