What You Need To Know About Missouri’s Comparative Fault Law

If you’re a driver in Missouri, it’s essential to understand the state’s comparative fault law. This law can have a significant impact on the amount of compensation you receive if you are injured in a car accident. This article will cover everything you need to know about Missouri’s comparative fault law, including what it is, how it works, and how it can affect your case.

What is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal principle that applies when multiple parties are responsible for an accident. Instead of assigning all the blame to one party, the court will determine each party’s degree of fault and assign a percentage of liability. This percentage will then be used to calculate the damages awarded to the injured party.

Missouri’s Comparative Fault Law

Missouri is one of several states that use a modified comparative fault system. This means that if you are partially responsible for an accident, your compensation will be reduced based on the percentage of fault assigned to you. However, if your percentage of fault exceeds 50%, you will not be eligible to receive any compensation.

Pure Comparative Fault

It’s important to note that some states, like California, use a pure comparative fault system. Under this system, even if you are 99% at fault for an accident, you can still receive 1% of the compensation. However, this is not the case in Missouri.

How Comparative Fault Works in Missouri

The way comparative fault works in Missouri is relatively straightforward. When an accident occurs, the court will gather evidence and determine each party’s degree of fault. This percentage will be assigned by a judge or jury based on the following factors:

  • The actions of each party leading up to the accident.
  • The behavior of each party at the time of the accident.
  • The extent of each party’s injuries and property damage.

Once the percentages are determined, the damages awarded to the injured party will be reduced by their percentage of fault. For example, if the injured party is found to be 25% at fault for the accident and is awarded $100,000 in damages, their compensation will be reduced by 25%, leaving them with $75,000.

Protecting Yourself With Insurance

The best way to protect yourself from the consequences of comparative fault is to have good insurance coverage. Missouri requires drivers to have liability insurance to cover property damage and bodily injury in the event of an accident. However, this coverage may not be enough, especially if you are found to be partially at fault for the accident.

Adding uninsured/underinsured motorist coverage to your policy can provide an extra layer of protection in the event that the other party involved in the accident does not have adequate insurance coverage.

Final Thoughts

In Missouri, comparative fault can have a significant impact on the amount of compensation you receive for an accident. If you are involved in an accident, it’s essential to seek legal representation to ensure that your rights are protected and that you receive the compensation you are entitled to.

By understanding how comparative fault works and having adequate insurance coverage, you can protect yourself from the financial consequences of an accident. Remember, accidents happen, but being prepared can make all the difference.

Scroll to Top