If you’re injured in an accident in Missouri because of the actions of someone else, you might be entitled to recover compensation through a personal injury claim. Some people think they can’t recover compensation when they are partially at fault. However, since Missouri follows a doctrine of comparative fault or negligence, this is not true. Scroll down to learn how comparative negligence works in Missouri and what it might mean for your claim.
What Is Comparative Fault?
Comparative fault, also known as comparative negligence, refers to a process through which juries determine how to allocate fault in an accident. This principle is based on the idea that all people should be responsible for their negligence. Missouri follows a pure comparative fault rule that allows injured accident victims to recover damages even when they are partly to blame. However, their damages will be reduced proportionately.
Some states have different negligence rules, including modified comparative fault or contributory negligence. In these states, a person who is partly at fault might be barred from recovering compensation for their losses.
Missouri’s Pure Comparative Fault Rule
Missouri’s pure comparative fault rule is found in R.S.Mo. § 587.765. Under this law, a plaintiff can still recover compensation when they are partially at fault. Their damages award will be reduced by the percentage of fault allocated to them.
For example, if you suffer injuries in an accident caused by a distracted driver, but you were speeding at the time and couldn’t stop in time to avoid them when they swerved over the line, you could be assigned some of the fault. If the jury finds the distracted driver was 90 percent at fault but assigns 10 percent of the blame to you, your damages will be reduced by 10 percent to account for your negligence. If the jury awards you a gross verdict of $100,000, your net verdict award will be $90,000.
Defense lawyers commonly try to assign some of the blame to plaintiffs even when their insureds are obviously at fault. This is because they might be able to reduce how much they pay for a claim.
This law prevents people from being barred from recovering compensation when they were partly to blame. Since it is a pure comparative fault rule, you can ostensibly recover compensation even if you were 99 percent to blame. However, it wouldn’t be financially feasible to pursue a claim when you were primarily to blame because of legal fees and costs.
Modified Comparative Fault Rules
Missouri’s law differs from some other states.
Modified comparative negligence laws are the most common. In states with modified negligence rules, injured people can only recover compensation if their percentage of fault falls below the state’s maximum threshold. However, people who are partly at fault but fall below the threshold can still recover damages at a reduced rate.
Many states with modified comparative fault laws set a threshold of 50 percent. In these states, you can only recover compensation if you are 50 percent at fault or less. If you are found to be 51 percent at fault or more, you will be barred from recovering damages. Like states with pure comparative fault laws, those that follow modified comparative fault rules reduce damages proportionally.
For example, if you are found to be 49 percent at fault for an accident and receive a gross verdict of $100,000, your net verdict would be reduced to $51,000 to account for your negligence. If you are found to be 51 percent at fault, however, you will not recover anything.
Contributory Negligence
Contributory negligence is a common-law doctrine that only four states and the District of Columbia still follow, including Washington D.C., Alabama, Maryland, Virginia, and North Carolina. In these jurisdictions, plaintiffs who have any percentage of fault are barred from recovering damages for their losses.
This rule is antiquated. States with modified or pure comparative negligence rules passed laws to prevent the potential injustice of someone being barred from recovering compensation when they were only minimally at fault.
Get Help from an Injury Lawyer
Understanding how Missouri’s comparative fault rule might apply to your case can be difficult. If you think you were partially to blame, that doesn’t mean you won’t be able to recover compensation for your losses. Talk to an experienced injury lawyer at the Law Offices of Bryan Musgrave to learn more about the negligence rules and how they might apply to your case by calling us at 417-322-2222 or contacting us online.