Contributory fault is a legal rule that affects how compensation is decided in personal injury cases, such as those based on car accidents. It means that if you are partly responsible for your injuries, your compensation may be reduced. This concept is used to make sure everyone involved is held accountable for their role in an accident.
Missouri follows pure comparative fault rules. This means you can still recover compensation even if you are primarily at fault for the accident. However, your compensation will be reduced by the percentage of fault assigned to you.
For example, if you are 80% at fault and awarded $100,000, you would receive $20,000. Knowing how contributory fault works in Missouri can help you understand your rights and the potential value of your claim.
Types of Contributory Fault
States follow three types of contributory fault rules:
Pure Contributory Negligence
In states with pure contributory negligence rules, you cannot recover compensation if you are even 1% at fault. This system is very strict and is only used in a few states, like:
- Maryland
- Virginia
- Alabama
For example, if you slip on a wet floor but aren’t paying attention, you might not be able to recover any compensation under this system.
Modified Comparative Fault
Modified comparative fault is more common. In these states, you can recover compensation only if you are less than 50% or, in some cases, less than 51% at fault.
For example:
- If you are 40% at fault and awarded $50,000, your compensation will be reduced to $30,000.
- You cannot recover compensation if you are 50% or more (or 51% or more, depending on the state) at fault.
Most states have adopted a modified comparative fault system.
Pure Comparative Fault
Missouri uses pure comparative fault, which is more flexible. This system allows you to recover compensation no matter how much fault you share. Your percentage of fault reduces your recovery.
For instance, if you are 70% at fault for an accident and awarded $100,000, you would receive $30,000. This system ensures fairness by letting injured people recover some compensation even if they share significant blame.
How Contributory Fault Works in Missouri
In Missouri, comparative fault applies to personal injury cases, including motorcycle accidents, slips and falls, and workplace injuries. Your compensation depends on the percentage of fault assigned to each party.
Determining Fault
Determining fault is a key part of any personal injury case. Evidence that can be used to assign fault includes:
- Police Reports: These often detail how the accident happened and who might be at fault.
- Witness Statements: Eyewitness accounts can provide valuable details about the accident.
- Photos or Videos: Visual evidence from the scene can clarify what happened.
- Expert Opinions: Specialists can analyze evidence and testify about what caused the accident.
Many other kinds of evidence might be applicable as well, depending on the facts of the case.
Minimizing Fault
Insurance companies often try to assign more fault to the injured party to reduce their payout. A skilled personal injury lawyer can:
- Challenge the evidence presented by the other party
- Gather counter-evidence to prove the other party’s responsibility
- Argue for a lower percentage of fault on your behalf
Reducing your percentage of fault can significantly increase your compensation.
Why Contributory Fault Rules Exist
Contributory fault ensures fairness by holding everyone accountable for their actions. If you share responsibility for an accident, it’s only fair that your compensation reflects your role.
For example, in a car accident where one driver ran a red light, but the other was speeding, both drivers might share fault. Contributory fault allocates damages based on each party’s share of responsibility.
Examples of Contributory Fault
Contributory fault can apply to many types of personal injury cases, such as:
- Slip and Fall Accidents: A person slips on a hazard but wasn’t watching where they were walking.
- Car Accidents: A driver rear-ends another vehicle but claims the lead car stopped suddenly.
- Workplace Injuries: An employee gets hurt while ignoring safety protocols.
These examples show how contributory fault is determined based on the unique details of each case.
Protecting Your Claim When Fault Is in Question
If contributory fault could affect your claim, here are steps you can take to protect yourself:
- Collect Evidence: Take photos or videos, gather witness contact information, and keep any physical evidence.
- Avoid Admitting Fault: Do not apologize or make statements that could be used against you.
- Seek Legal Advice: An experienced attorney can handle negotiations and build a strong case to minimize your share of fault.
Taking these steps can improve your chances of recovering fair compensation.
Contact a St. Louis Personal Injury Attorney Today
If you’ve been injured in Missouri and contributory fault is an issue, you don’t have to navigate the process alone. Missouri’s pure comparative fault system allows you to recover compensation even if you share significant blame.
A knowledgeable St. Louis personal injury attorney can help minimize your fault, build a strong case, and fight for the compensation you deserve. Contact a Roach Law Car Accident Lawyers today at (636) 519-0085 to schedule a free consultation and get started on your claim.
