Can I Bring a Personal Injury Claim in Missouri if I’m Partially at Fault for Causing the Car Accident?

Did You Also Play a Part in a Recent Car Accident in Missouri? Learn How to Navigate the Personal Injury Claim Process With Duckworth Injury Law

Growing up, you’ve likely heard the expression that “there’s two sides to every story” on more than one occasion. It’s a mantra typically used to mean that prior to jumping to a conclusion, both sides should be heard, with the truth often lying somewhere in the middle of each side’s version of events. Just as the saying applies to arguments growing up with siblings, the saying often applies to determining fault in car accidents, motorcycle accidents, and truck accidents as well. 

So, what happens in a Missouri car accident personal injury claim when both sides believe the other side is at fault? Similarly, what happens if one party is partially at fault for causing the car accident, but the other party is primarily at fault?

Fault in Car, Motorcycle & Truck Accidents Is Often Determined by Missouri Juries & You’ll Need a Skilled Personal Injury Attorney to Help Fight Your Claim

In line with the expression, “there are two sides to every story,” Missouri civil disputes (such as car accident, motorcycle accident, and truck accident claims) are ultimately decided by a jury at trial if the parties are unable to reach a settlement agreement. At trial, both sides are permitted to share their version of what happened by presenting evidence in the form of witness testimony, photographs, documents, and more. Following the presentation of evidence from the parties and arguments from their respective attorneys, the jury gets to decide where the truth lies by allocating fault between the parties on a pure comparative fault basis. 

Simply put, Missouri follows a pure comparative fault model in allocating fault between a plaintiff and a defendant(s) in a personal injury negligence claim. This means the jury gets to determine what percentage of fault (out of a total of 100%) that it will allocate to each party. For example, in a rear-end car crash case, a defendant may claim that the plaintiff is at fault for coming to a sudden stop in the roadway. Meanwhile, the plaintiff may claim the defendant is at fault for colliding with the rear of her vehicle. At trial, a jury may determine the plaintiff is 30% at fault for causing the crash by coming to a sudden stop, while the defendant is 70% at fault for causing the crash by colliding with the rear of the plaintiff’s vehicle. In this scenario, the plaintiff’s total damages would be reduced by her own allocation of fault – here, 30% (for example, if the plaintiff was awarded total damages of $10,000, a 30% allocation of comparative fault would reduce her total recovery by $3,000 for a net recovery of $7,000). 

How “fault” is determined in a personal injury case will vary from state to state. Speak with an experienced attorney in mid-Missouri to learn more

While Missouri negligence law currently adheres to pure comparative fault system, that wasn’t always the case. Prior to 1983, Missouri followed a “contributory negligence” doctrine which barred recovery if a plaintiff shared any fault in causing the accident they were involved in. Contributory negligence was abolished and replaced by our current pure comparative fault system in the 1983 Missouri Supreme Court Case of Gustafson v. Benda. However, the contributory negligence doctrine is still followed in a number of states across the U.S., including Alabama, Maryland, North Caroline, and Virginia. Other states (including Arkansas, Colorado, Connecticut, Delaware, Georgia, Illinois, Iowa, Kansas, and others) follow a middle ground between pure comparative fault and contributory negligence, called “modified comparative fault”. Modified comparative fault allows a plaintiff to recover damages in a negligence claim only if her fault doesn’t exceed either 50 or 51% (depends on the particular state) in comparison to the defendant. If a plaintiff’s fault doesn’t exceed either 50 or 51%, she will be permitted to recover damages, however, her damages will still be reduced by her own allocation of fault. 

In summary, if you’ve been involved in an injury causing car accident and you believe you may be partially at fault, you likely still have a viable personal injury claim if the other driver is also at fault for causing the crash. Unlike some states which bar recovery completely if you are partially or primarily at fault, in Missouri, your total damages will simply be reduced by your own allocation of comparative fault. As such, Missouri’s pure comparative fault law is far more plaintiff-friendly than many other states across the county.   

Even if you share some fault in a car accident, you should still contact a car accident attorney in Missouri  who can help you fight for the compensation you deserve

If you’ve been involved in a personal injury causing accident in Columbia, Jefferson City, the Lake of the Ozarks, or anywhere else across mid-Missouri, you need an attorney who understands Missouri law – including Missouri’s pure comparative fault law for negligence claims. Oftentimes, the other party’s insurance company will attempt to deny your claim simply because you share some degree of fault in causing the accident. However, under Missouri’s pure comparative fault law, you are still entitled to compensation for your damages (medical bills, property damage, pain and suffering, etc.) if the defendant also shares fault in causing the accident.

At Duckworth Injury Law, all our firm handles is personal injury cases, including car accidents, motorcycle accidents, and truck accidents. As such, our personal injury attorney has handled dozens of personal injury cases in which liability is disputed, or in which his client shared some degree of fault in causing the crash. Regardless of the facts of your particular injury causing accident, our injury lawyer is experienced in assessing fault and determining whether you have a viable personal injury claim. If you have been injured in an accident, reach out to Duckworth Injury Law today for a free case evaluation and consultation.