Driving is a complicated endeavor these days. Almost nobody follows every rule of the road and safety precaution they’ve learned at all times. That’s why few crashes are 100% the fault of one driver. Even if one driver is predominantly responsible, perhaps because they ran a stop sign, the other driver may not have looked both ways before going through the intersection.
Different states use different rules for determining how much compensation is owed after a crash. Missouri follows the “pure comparative negligence” rule. That means the driver who’s more at fault is responsible for compensating the other. However, if the other driver bears some responsibility, the amount the driver most at fault has to pay is reduced by their degree of fault.
An example of compensation in a pure comparative negligence state
Say you’re in a crash, and the driver who hit you is determined to be 90% at fault, while you have the remaining 10% of the fault. If the amount of compensation you’re owed is $50,000, the other driver (or more likely their insurer) would only have to pay you 90% of that, or $45,000.
The percentage of fault you’re determined to have in a crash that caused you serious injuries can mean a lot of difference in how much money you’re able to collect for economic damages like medical bills and lost income as well as non-economic damages like pain and suffering. That’s why it’s crucial to make sure the crash is fully investigated and that the information the insurance companies have is accurate. Having experienced legal guidance can help you get the settlement you deserve.
