Hunter & Cassidy Law

How is fault determined in a Missouri car accident claim? 

On Behalf of | Jan 31, 2023 | Motor vehicle accidents

A car accident can happen when you least expect it. One moment you are driving home after an evening out with friends and, the next, you are fighting for dear life en route to the ER. If you are involved in an accident, it helps to note that you may be eligible for compensation for the resulting economic and non-economic damages. 

Fault is the basis upon which car accident claims are litigated and determined. In other words, to pursue the other party for damages, you must prove that they were at fault. But how do you do this following a car wreck in Missouri?

Understanding Missouri negligence laws

Proving fault in some accidents is pretty straightforward, but not all accidents are clear-cut. And in such instances, you may need to prove fault in order to receive fair compensation for your injuries and other damages. This is where Missouri’s pure comparative negligence laws come in. But how does it work?

Under pure comparative negligence, each party is assigned fault based on their contribution to the accident. This in turn impacts how much you will receive following the crash. For instance, if the court establishes that you were 10% responsible for the accident, then you would only receive 90% of the awarded compensation. In other words, your compensation amount will be reduced based on the extent of your fault. 

Apportioning fault in a car accident can be both complex and messy, especially when there are questions concerning each party’s role in the crash. Knowing your legal rights can help you safeguard your interests when litigating a car accident claim in Missouri.