If you share fault for a crash in Missouri, you may wonder how it could affect your car accident claim and potential compensation. Contrary to popular belief, you can still file a car accident claim and recover damages even if you played a part in or contributed to the accident.
First, it helps to understand how your level of fault is determined after a crash. Assigning fault involves looking at the circumstances that led to the accident and other relevant evidence, such as surveillance footage, police reports and eyewitness statements. Afterward, each party is assigned a percentage of fault based on their contribution to the crash.
Your level of fault will reduce your compensation
As mentioned, you may be entitled to compensation despite your degree of fault for the crash. However, your recoverable damages will be reduced by your percentage of fault. If you are found to be 70% responsible, for instance, you can only recover 30% of your damages. Missouri follows a pure comparative negligence rule, which means you can recover damages even if you bear greater responsibility for the crash.
You can dispute your assigned level of fault
If you believe the percentage of fault assigned to you is inaccurate, you have the right to dispute it. You can present evidence, such as additional witness statements or expert opinions, to support your case. You can also argue that the other party’s actions were more negligent than your own, thus reducing the degree of fault assigned to you.
It’s worth noting that disputing fault can be complex due to the legal intricacies involved. Seeking experienced guidance can help build a strong case and represent your interests in settlement negotiations or court proceedings.