How Comparative Negligence Works in Missouri Car Accident Cases
How Comparative Negligence Works in Missouri Car Accident Cases
Car accidents can leave drivers and passengers facing medical expenses, lost wages, property damage, and long-term physical pain. In Missouri, determining who is responsible for a crash is not always straightforward. In some situations, more than one party may share fault for an accident. Missouri uses a legal principle known as comparative negligence to address these cases.
At AGH Law, we provide legal assistance to individuals in the Kansas City area who are dealing with the aftermath of car accidents and questions about liability and compensation.
What Is Comparative Negligence?
Comparative negligence is a legal rule used to determine how damages are awarded when multiple parties contribute to a car accident. Instead of preventing an injured person from recovering compensation simply because they were partially at fault, Missouri law allows recovery based on each party’s percentage of responsibility.
Under Missouri’s pure comparative negligence system, an injured person may still recover damages even if they were mostly responsible for the crash. However, their compensation will be reduced according to their percentage of fault.
For example, if a driver suffers $100,000 in damages but is found 20% responsible for the accident, they may still recover $80,000.
How Fault Is Determined in Missouri Car Accident Cases
Insurance companies, attorneys, and courts review evidence to determine how fault should be divided among the parties involved. Important evidence in comparative negligence cases may include:
- Police reports
- Witness statements
- Traffic camera footage
- Vehicle damage analysis
- Accident reconstruction reports
- Medical records
- Photographs from the scene
Fault determinations often become disputed because insurance companies may attempt to assign greater blame to injured victims to reduce payouts.
Common Examples of Comparative Negligence
Comparative negligence frequently arises in Missouri car accident cases involving shared mistakes by drivers. Examples include:
Rear-End Collisions
Although rear drivers are often blamed in rear-end accidents, the front driver may share fault if they stopped suddenly without reason or had malfunctioning brake lights.
Distracted Driving Cases
A distracted driver may bear most of the fault, but another driver who was speeding or failed to obey traffic signals could also share responsibility.
Failure to Yield Accidents
Intersections commonly involve disputes over fault percentages, especially when both drivers claim they had the right of way.
Multi-Vehicle Crashes
In accidents involving several vehicles, courts and insurance companies may divide fault among multiple drivers based on each person’s actions before the collision.
Why Comparative Negligence Matters
Comparative negligence can significantly impact the amount of compensation an injured person receives. Insurance companies often use this rule to argue that victims contributed to their own injuries.
Even a small increase in assigned fault can reduce a settlement substantially. For instance:
- 10% fault reduces a $50,000 award to $45,000
- 30% fault reduces it to $35,000
- 50% fault reduces it to $25,000
Because of this, gathering strong evidence and presenting a clear account of the accident can be important in protecting a claim.
Damages Available in Missouri Car Accident Cases
Individuals injured in Missouri car accidents may seek compensation for several types of losses, including:
Medical Expenses
Compensation may include emergency treatment, hospital stays, surgeries, rehabilitation, medications, and future medical care.
Lost Income
Victims may recover wages lost while unable to work, as well as compensation for reduced future earning ability.
Property Damage
Damages may include vehicle repairs or replacement costs.
Pain and Suffering
Injured individuals may also seek compensation for physical pain, emotional distress, and diminished quality of life.
How Insurance Companies Handle Comparative Negligence Claims
Insurance adjusters often investigate accidents with the goal of minimizing payouts. They may attempt to:
- Shift blame onto the injured driver
- Use recorded statements against claimants
- Dispute medical treatment
- Downplay injuries
- Argue that road conditions or driver actions contributed to the accident
Drivers involved in an accident should be cautious when speaking with insurance representatives before fully understanding their legal rights.
Steps to Take After a Missouri Car Accident
After a collision, certain actions may help protect both health and potential legal claims:
- Seek immediate medical attention
- Report the accident to law enforcement
- Gather photos and evidence from the scene
- Obtain witness contact information
- Avoid admitting fault
- Keep records of medical treatment and expenses
- Consult a car accident attorney before accepting a settlement
How AGH Law Can Help Kansas City Drivers
Comparative negligence cases can become complicated, especially when insurance companies dispute fault or attempt to reduce compensation. AGH Law assists Kansas City clients by investigating accidents, gathering evidence, negotiating with insurers, and pursuing compensation on behalf of injured individuals.
Understanding Missouri’s comparative negligence rules is important for anyone involved in a car accident where fault may be shared.
