Injured accident victims may pursue financial recovery for their losses by filing claims against the parties responsible for causing the accident. However, what happens when an accident victim shares some responsibility for causing the accident? In many states, including Missouri, comparative negligence determines an accident victim’s right to recover compensation if they bear some of the fault for the accident.
Understanding Comparative Negligence
The comparative negligence system allows accident victims to pursue compensation claims even if they bear some responsibility for causing the accident. Many states adopted the comparative negligence system to replace the old contributory fault rule, which barred accident victims from seeking compensation if they bore any share of fault for the accident.
States that use comparative negligence have either a pure or a modified comparative negligence rule. The pure comparative negligence rule allows an accident victim to file a claim regardless of their share of partial fault for the accident – even if the victim bears 99 percent of the fault. Modified comparative negligence rules cap the share of fault that an accident victim may bear for an accident. States that have modified comparative negligence rules have either a “50 percent” or “51 percent” rule.
Missouri’s Comparative Negligence Rule
Missouri follows a pure comparative negligence rule for personal injury cases. Under this rule, any partial fault an injured person bears for causing their injuries does not bar them from pursuing legal claims against other at-fault parties. However, their portion of responsibility for the accident can reduce their financial recovery in proportion to their percentage of fault.
How Comparative Negligence Affects Personal Injury Claims
The pure comparative negligence rule can affect the compensation that an accident victim recovers in a personal injury claim if they bear some responsibility for causing the accident. For example, suppose a personal injury plaintiff incurs $100,000 in expenses or losses due to their accident injuries, but the jury finds the plaintiff 25 percent at fault. In that case, the court may reduce the plaintiff’s compensation award by 25 percent, or $25,000, to reflect their share of responsibility.
Steps to Take to Protect Your Legal Rights After an Accident
After any accident, taking prompt action can help protect your right to pursue maximum financial recovery for your injuries and losses. Steps to take after an accident include:
- Report the accident to the appropriate parties
- Seek immediate medical attention
- Gather and organize the evidence you collected from the accident
- Obtain copies of accident/incident reports and medical records
- Keep records of your recovery expenses and gather your pay stubs to calculate lost earnings
Finally, contact a personal injury lawyer from The Hayden Law Firm St. Louis Accident & Injury Lawyers as soon as possible. We’ll review the facts and determine your rights to seek compensation for injuries you sustained in an accident, even if you were partially at fault.
Contact a Personal Injury Attorney Today
If you suffered injuries in an accident that you contributed to causing, you need experienced legal advocacy to help you maximize your financial recovery. Contact The Hayden Law Firm St. Louis Accident & Injury Lawyers today for a free, no-obligation consultation with a knowledgeable car accident attorney to discuss your rights and options.
