Can You Still File A Claim If You Are Partially At Fault For A Car Accident?

Car accidents are not always black and white. Sometimes it is easy to point to another driver’s negligence as the cause of the accident. Other times, however, you may be partially at fault. In these cases, Missouri law dictates that you may still be entitled to compensation for damages incurred due to the accident. 

If you were injured due to a car crash, filing a car accident claim can help you recover your financial security and help make you whole — even if you were partially at fault. Missouri’s comparative negligence law is on your side. 

Missouri’s Comparative Negligence Law

In Missouri car accident cases, the compensation for the damages you receive depends on the degree to which you are shown to be at fault. 

A thorough investigation of the circumstances of the accident will determine your degree of responsibility. Next, each party’s legal counsel will analyze the crash site and evaluate damages to both vehicles in consultation with experts. After presenting the evidence, the judge will determine the percentage to which you are at fault for the accident. The defendant will then be ordered to compensate you for the total damages you incurred minus your liability percentage. 

In practice, the comparative fault law works like this: An individual shown to be 10% at fault for an accident is seeking $50,000 in damages. They will receive $50,000 minus 5% of the total damages, resulting in a net award of $45,000. 

An Experienced Attorney Can Help – Even If You Are Partially At Fault

Regardless of your degree of fault in the accident, it is a good idea to consult with legal representation in the accident’s immediate aftermath. You may be entitled to damages for various losses, including medical expenses, lost wages, property damage, and pain and suffering. An experienced Missouri car accident attorney can help you recover the damages needed to make you whole again.