You’re driving down a busy Missouri road when suddenly, bang – you’re in a fender bender. The adrenaline rushes in, and the questions start swirling. Whose fault was it? Will insurance cover the damages? And what if you weren’t entirely blameless? It’s a scenario many drivers face, and it’s essential to understand how fault works in Missouri, especially when it’s not so black and white.
Missouri operates under a “pure comparative fault” system. This means that even if you were partially responsible for the accident, you might still be entitled to compensation. However, the amount you receive will be reduced based on your degree of fault. So, if you were 30% at fault, your potential compensation would be reduced by that same percentage.
It’s not all or nothing
This is what’s important to understand about fault in Missouri car accidents: it’s not an all-or-nothing game. Just because you might have played a role in the incident doesn’t automatically disqualify you from seeking damages. This system aims to distribute responsibility fairly, acknowledging that accidents often have multiple contributing factors.
Calculating the impact of fault
How does this play out in reality? Suppose you’re in an accident where the total damages amount to $10,000. If you’re found to be 20% at fault, you could potentially recover $8,000. The other driver, being 80% at fault, would be responsible for that portion of the damages.
It’s crucial to remember that determining fault is complex. Insurance companies often have their own investigators and may try to shift more blame onto you to reduce their payout. It’s advisable to consult with an attorney to protect your rights and ensure your level of fault is assessed fairly.
Missouri’s pure comparative fault system is designed to ensure that even those partially responsible for an accident aren’t left bearing the entire burden. However, the percentage of fault assigned to you will directly impact your compensation. It’s important to understand this dynamic and seek legal counsel if you need clarification on your situation.