Personal injury lawsuits help people pay for the injuries they sustain in unfortunate circumstances, and trucking accidents are no different. If you or a loved one suffers a severe injury in a truck accident caused by someone else, it only makes sense that you shouldn’t have to pay for your medical costs. However, what if the crash is partly your fault, how will Missouri courts handle the situation? Today, we are going to explain how Missouri’s comparative negligence laws impact trucking accident outcomes.
Missouri’s Pure Comparative Fault Law
Missouri follows what we call a “pure comparative fault” rule when it comes to determining liability in trucking accidents. In short, it means Missouri courts can find every driver involved in an accident partially liable for the crash. Once the court determines liability, it will dock the total amount of damages you can recover based on your percentage of responsibility for causing the accident. To help clarify how pure comparative fault works, look at the example below.
Suppose you suffer a severe injury in a Missouri truck accident. After hiring an experienced personal injury attorney and arguing your case, the court determines that your injuries deserve reparations of $200,000. However, during the crash, you were using a hands-free device to talk to friend. Based on this information, the court determines that you are 20% at fault for the accident due to distracted driving. As a result, your $200,000 total is reduced by 20%, which means your total award is $160,000.
It’s important to note that Missouri’s comparative fault rule applies to all parties, even if one party is at fault for most of the accident. Therefore, if someone is at fault for 90% of an accident, he or she is technically still entitled to 10% of his or her damages.
Representation Is Key
Due to Missouri’s pure comparative fault law, securing experienced representation for your case is crucial! A knowledgeable truck accident attorney can help you fight for your case, potentially decreasing your liability percentage while maximizing your recovery amount. If you want to talk to an attorney about your truck accident case, The Simon Law Firm is here to help!
If you or a loved one was injured in a Missouri trucking accident, call (314) 241-2929 now for a free consultation!