Key Takeaways
- Missouri's pure comparative fault system allows you to recover compensation even if you are up to 99% at fault, though your award is reduced by your percentage of blame.
- When the other driver is 51% or more at fault, they are held liable for all of your injuries even if you share some blame.
- Insurance companies use traffic cameras, witness statements, and police reports to assign fault percentages.
- Acting quickly after your accident preserves evidence and protects the full value of your claim.
When both drivers are at fault in a Missouri car accident, the rule of pure comparative fault applies. Under this system, you are still allowed to recover compensation for damages even if you share some of the blame. You can be up to 99% at fault under pure comparative negligence, however, your total compensation will be reduced by the percentage you are assigned.
Understanding Missouri’s Pure Comparative Fault System
Understanding how shared fault reduces your car accident recovery is important for protecting the full value of your claim. With Missouri's pure comparative fault system, you can be up to 99% at fault though being assigned that percentage of blame would leave you with hardly anything.
For most cases, victims are often assigned 20 to 30% fault. In a car accident where you have $100,000 in damages and are 20% at fault, that would leave you with $80,000. When you factor in all of your medical expenses, lost wages, property damage, and other losses, that may leave you high and dry.
When the other driver is 51% or more at fault, they are held liable for all of your injuries even if you're also slightly to blame. The best chance you have of recovering your full and fair compensation is to take action quickly. Even though you have a time limit under the Missouri statute of limitations that allows for up to 5 years from the date of your accident, evidence can fade the more time passes. The Bruning Law Firm helps St. Louis car accident victims understand their rights under Missouri personal injury law to recover the maximum compensation possible with our experienced St. Louis car accident attorneys.
Can I Still Recover Damages if I Was 50% at Fault?
Yes, the pure comparative fault system in Missouri allows you to recover compensation even if you are 50% at fault. This is different from states that use modified comparative fault, which bar recovery at thresholds of 50 or 51% depending on the state. Recovering compensation when you're partially at fault, even when you're allowed to be up to 99% at fault in Missouri, can be complicated, and talking to a St. Louis car accident lawyer can help.
How Do Insurance Companies Determine Fault?
The insurance companies will evaluate the evidence, which may include traffic camera footage, dashcam footage, witness statements, accident reconstruction results, and police reports. When a car accident involves disputes about who had the green light at the intersection, they can usually determine who ran it and put blame solely on one driver. Understanding how does insurance decide who was at fault and how a lawyer proves fault in shared-liability accident cases can help you avoid being falsely blamed for your role.
Pure vs. Modified Comparative Fault
Pure comparative fault, like what is established in Missouri, allows you to recover damages even if you are as much as 99% at fault. Modified comparative fault issues a cutoff at either 50 or 51% and being blamed for a percentage higher than that bars you from recovering anything. Understanding the difference is crucial, especially if you need to determine can you tell who hit who in a car accident or figure out are you at fault if someone pulls out in front of you.
Frequently Asked Questions
Can I still recover damages if I was 50% at fault in a Missouri car accident?
Yes, Missouri's pure comparative fault system allows recovery even at 50% fault. Your compensation will be reduced by your fault percentage, but you are not barred from collecting damages like in modified comparative fault states.
How do insurance companies determine who is at fault when both drivers claim a green light?
Insurance companies evaluate traffic camera footage, dashcam footage, witness statements, accident reconstruction results, and police reports. When disputes arise about who had the green light, this evidence usually clarifies liability.
What is the difference between pure and modified comparative fault?
Pure comparative fault, used in Missouri, allows recovery even if you are up to 99% at fault. Modified comparative fault bars recovery if your fault exceeds 50% or 51%, depending on the state.
Contact The Bruning Law Firm
The Bruning Law Firm helps with car accident cases in Missouri to ensure that injured victims do not incur more blame than deserved. Our St. Louis shared fault car accident attorneys charge no fee unless we win, and offer a free consultation to help you learn more about your options. Call (314) 735-8100 today to get the legal representation you need for your car accident case.