Establishing liability in an auto collision is vital to being able to recover for one’s losses. Typically, this is done through evidence that proves negligence on behalf of another individual or entity involved in the accident. However, Missouri follows the concept of contributory negligence, also sometimes referred to as comparative negligence. This means the liability of all parties will be carefully considered when determining settlement amounts. In these scenarios, an injured person may be partially responsible for their damage.
It is essential to understand the role of comparative negligence in St. Louis car accident claims to maximize the potential compensation you may be entitled to receive after your crash. Reach out to our firm to speak with a trustworthy car accident attorney to learn more.
Pure comparative negligence means that the amount of compensation an injured party can recover for their injuries and losses after an accident is dependent on the amount that they are found to be at fault for that event. For example, if someone is determined to have been 20 percent liable for their harm, the amount of damages they are eligible for will be reduced by that amount. If $100,000 were to be awarded, this would instead be reduced to $80,000.
The word “pure” refers to there being no cut-off for this percentage. In some states, if an individual is found to be more than 50 percent at fault for their injuries, they are barred from recovering compensation. However, in St. Louis, if someone is found to be 99 percent at fault for their car wreck, pure contributory negligence states they can still receive the remaining one percent.
Our dedicated team of attorneys could work hard to examine every detail of an incident to provide the necessary evidence and hold the at-fault party responsible. Determining the cause of an accident is one of the main ways to accomplish this. Some scenarios are more obvious than others. For example, if someone is driving under the influence of drugs or alcohol and causes a car wreck, there is likely little to no contributory negligence on behalf of the other motorist. This could also be the case for drivers who violate traffic laws and regulations, such as driving too fast or too slow, failing to yield, improper lane usage, or driving while distracted.
In some scenarios, liability might not be as clear-cut. For most rear-end collisions, the driver who is in the back is typically considered to be responsible for the incident. However, if the driver in front was texting while driving and stopped short, both parties could share a portion of the blame. Weather conditions will also play an important role in establishing fault.
If you were injured in a collision with a car, truck, motorcycle, or other vehicle, it is important to be aware of how contributory negligence will play a role in your recovery. Our knowledgeable team of attorneys could help you understand more about this concept and work hard to prove liability and defend against accusations of shared fault. To learn more about comparative negligence in St. Louis car accident claims, reach out to The Law Offices of Kevin J. Roach, LLC today.