Car accidents are stressful enough. Dealing with injuries, medical bills, and lost wages is a lot to handle. In Missouri, comparative fault laws can make things even more complicated. These laws determine who’s at fault and how much compensation you can receive. At The Law Office of Chad G. Mann, LLC, we help you understand how comparative fault affects your personal injury claim so you can focus on recovery.

What Is Comparative Fault?

Comparative fault, also known as comparative negligence, is a legal doctrine that determines how much each party is responsible for an accident. In Missouri, the pure comparative fault system allows injured parties to recover damages even if they are partially at fault for the accident.

Key Takeaways

Missouri’s pure comparative fault system allows for partial recovery: Even if you share some responsibility for a car accident, you can still receive compensation based on the other party’s percentage of fault.
Understanding key legal defenses is crucial: Knowing how mitigation of damages, seatbelt laws, and sudden medical emergencies can impact your case is essential for protecting your rights.
Seek experienced legal counsel: A qualified attorney can help you navigate the complexities of Missouri’s comparative fault system and fight for the full compensation you deserve.

Defining Comparative Fault

Comparative fault is a legal principle used in many states, including Missouri, to determine how much each person is responsible for an accident. It acknowledges that accidents aren’t always clear-cut, and sometimes more than one person contributes to the incident. Comparative fault assigns a percentage of responsibility to each party involved, which then affects how much compensation an injured person can receive. For example, if you were deemed 20% at fault for a car accident, your compensation would be reduced by that 20%.

Contributory Negligence: The Old System

Before comparative fault, many states used a system called contributory negligence. This system was much harsher on injured individuals. Even if you were only slightly at fault for an accident—say, 1%—you could be completely barred from recovering any damages. Thankfully, Missouri now uses the fairer system of comparative fault.

How Comparative Fault Works

In Missouri’s pure comparative fault system, a jury will examine all the evidence surrounding the accident. They’ll consider the actions of each driver, road conditions, and any other relevant factors. Based on this evaluation, they assign a percentage of fault to each party. Let’s say you’re injured in a car accident and the jury determines you were 30% at fault, while the other driver was 70% at fault. If your total damages are assessed at $100,000, you would be able to recover $70,000 (which is $100,000 minus your 30% share of the fault). This percentage-based system allows injured parties to receive some compensation even if they share some responsibility for the accident. If you have questions about how comparative fault might affect your case, contacting a personal injury attorney at The Law Office of Chad G. Mann, LLC can provide clarity and guidance.

Missouri’s Shift to Pure Comparative Fault

In the landmark case Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), the Missouri Supreme Court abolished the common law concept of contributory negligence. Under the old system, if you were found even slightly at fault, you could be barred from recovering any damages. The adoption of pure comparative fault means:

Shared Responsibility: Each party’s degree of fault is assessed and assigned a percentage.
Damage Reduction: Your compensation is reduced by your percentage of fault.

For example, if you’re found 20% at fault for the accident and your total damages are $50,000, you would receive $40,000.

Types of Comparative Fault Systems

While Missouri follows a pure comparative fault system, it’s helpful to understand the different types of comparative fault systems used across the United States. This broader perspective can help you appreciate the nuances of Missouri’s approach.

Pure Comparative Fault

In a pure comparative fault system, the plaintiff can recover some damages even if they were mostly at fault (e.g., 99% at fault, recovers 1% of damages). About one-third of states use this rule. This system distributes damages based on the degree of fault assigned to each party.

Modified Comparative Fault (50% Bar)

Under the modified comparative fault system with a 50% bar, the plaintiff can recover damages only if their fault is 49% or less. If they are 50% or more at fault, they receive nothing. This system limits recovery for those found to be equally or more at fault than the defendant.

Modified Comparative Fault (51% Bar)

In the modified comparative fault system with a 51% bar, the plaintiff can recover damages only if their fault is 50% or less. If they are 51% or more at fault, they receive nothing. This is the most common type of comparative fault system used across the country. Learn more about modified comparative negligence.

Slight/Gross Negligence System

South Dakota stands alone in employing a “slight/gross negligence” system, which focuses on the degree of carelessness rather than exact percentages. This unique approach differentiates between slight negligence and gross negligence, impacting the recovery process.

How Pure Comparative Fault Works in Missouri

Missouri’s pure comparative fault system means the court assigns percentages of fault to both the plaintiff and the defendant. The plaintiff only recovers damages based on the defendant’s percentage of fault. This allows for a fair assessment of damages, even if the injured party shares some responsibility for the accident. If you’re facing a personal injury claim in Missouri, contact The Law Office of Chad G. Mann, LLC. We can help you understand how Missouri’s comparative fault rules apply to your specific situation. Learn more about our personal injury practice.

Raising Comparative Fault as a Defense

It’s important to note that comparative fault must be raised as an affirmative defense in legal proceedings. According to Lester v. Sayles, 850 S.W.2d 858 (Mo. banc 1993), defendants must explicitly plead comparative fault to use it as a defense. This underscores the importance of having skilled legal representation to ensure all procedural requirements are met.

Who Can Raise Comparative Fault?

In Missouri, the principle of pure comparative negligence allows anyone involved in an accident to seek compensation, even if they share some responsibility for the incident. This means that even if you are found to be partially at fault, you can still pursue a personal injury claim. For example, imagine a scenario where a driver runs a red light and collides with another vehicle that was slightly exceeding the speed limit. Both drivers could potentially recover damages, with their awards adjusted to reflect their respective degrees of fault. This differs from some states where exceeding a certain percentage of fault, like 50% or 51%, completely bars recovery. Contact us today for a free consultation.

Is Comparative Fault Always an Affirmative Defense?

Yes, comparative fault in Missouri must be raised as an affirmative defense by the defendant. This isn’t something that the court automatically considers. The defendant has the burden of specifically pleading comparative fault and presenting evidence to support their claim that the plaintiff shares responsibility for the accident. This legal requirement comes from the Missouri Supreme Court case Lester v. Sayles, which clarified the importance of formally raising this defense in court proceedings. If a defendant fails to raise comparative fault as an affirmative defense, they may lose the opportunity to reduce their liability based on the plaintiff’s actions. You can learn more about our firm’s approach to these cases on our About Me page.

How is Comparative Fault Proven?

Proving comparative fault involves a detailed examination of the evidence surrounding the accident. This often includes police reports, witness testimonies, expert opinions (such as accident reconstruction specialists), and any available photos or videos. Attorneys for both sides will present their arguments regarding each party’s contribution to the accident. The judge or jury then weighs the evidence and assigns a percentage of fault to each party. This percentage directly impacts the final compensation awarded. For instance, if a jury finds a plaintiff 30% at fault, their recovery will be reduced by that 30%. This process can be complex, highlighting the need for experienced legal counsel like the team at The Law Office of Chad G. Mann, LLC to effectively advocate for your interests. For further reading on related legal topics, explore my articles.

Seatbelt Usage and Its Impact on Your Claim

Under Section 307.178 of the Revised Statutes of Missouri, failing to wear a seatbelt:

Is Not Evidence of Comparative Negligence: You won’t be assigned fault solely for not wearing a seatbelt.
Can Mitigate Damages: Evidence of seatbelt non-use may be admitted to reduce the damages you can recover, under specific conditions outlined in the statute.

This means that while your failure to wear a seatbelt won’t increase your fault percentage, it could lower the amount of compensation you receive.

Physical Conditions as a Defense

If a driver experiences an unexpected medical emergency, such as fainting or sudden loss of consciousness, it may serve as a complete defense against negligence claims—provided it was unforeseeable. Key cases include:

Reece v. Reed, 326 S.W.2d 67 (Mo. 1959)
Ferkel v. Bi-State Transit Development Agency, 682 S.W.2d 91 (Mo. App. E.D. 1984)

These cases establish that if the driver had no prior warning or reason to anticipate the medical event, they might not be held liable.

The Doctrine of Mitigation

Mitigation requires injured parties to take reasonable steps to minimize their damages after an accident. Important points:

Not a Complete Defense: Mitigation doesn’t absolve the defendant of liability but can reduce the damages awarded.
Affirmative Defense: Must be specifically pleaded by the defendant (Greene County v. State, 926 S.W.2d 701).
Reasonable Efforts Required: You’re expected to act reasonably to limit further harm or loss (Fletcher v. City of Independence, 708 S.W.2d 158).

Failure to mitigate can lead to a reduction in the compensation you receive.

Defining Mitigation of Damages

Mitigation of damages is a legal principle requiring you to take reasonable steps to minimize your losses after an accident. It essentially means you have a responsibility to avoid making your injuries or financial situation worse. Think of it as making smart choices after an accident to help your recovery and manage the related costs. Legally, you’re obligated to make reasonable efforts to avoid further loss and minimize the overall damages. If you fail to take these reasonable steps, the compensation awarded in your personal injury claim could be reduced.

Examples of Mitigation in Personal Injury Cases

In personal injury cases, mitigation can take many forms. A common example is seeking timely medical treatment. Delaying or refusing necessary medical care could be seen as failing to mitigate damages. This is because neglecting treatment can allow injuries to worsen, leading to higher medical bills and a longer recovery period. The idea of “avoidable consequences” comes into play here, meaning if you could have reasonably avoided some expenses, your final compensation may be reduced.

Mitigation isn’t limited to medical treatment. It also includes actions like returning to work as soon as your doctor allows or diligently following prescribed physical therapy or rehabilitation protocols. Taking these steps demonstrates your commitment to recovery and helps avoid potential reductions in your claimed damages. For example, if your doctor recommends physical therapy and you refuse, the insurance company might argue you’re partially responsible for any ongoing pain or limitations, impacting your compensation.

If you’ve been injured in a car accident in Southwest Missouri, understanding these legal nuances is crucial. The Law Office of Chad G. Mann, LLC, can help you understand your rights and responsibilities regarding mitigation of damages. Contact us for a consultation to discuss your specific situation.

Why Understanding Comparative Fault Matters

Being informed about comparative fault can significantly impact your personal injury claim:

Maximize Compensation: Knowing how fault is assessed helps you and your attorney strategize to maximize your recovery.
Anticipate Defense Strategies: Understanding possible defenses like mitigation allows you to prepare counterarguments.
Legal Compliance: Ensures all procedural requirements are met, preventing unnecessary delays or dismissals.

Impact on Damage Awards

In Missouri, the pure comparative fault system allows injured parties to recover damages even if they are partially at fault for the accident. Each party’s degree of fault is assessed and assigned a percentage. Your compensation is then reduced by your percentage of fault. For example, if you’re found 20% at fault for an accident and your total damages are $50,000, you would receive $40,000. This system aims to distribute responsibility fairly and ensure that compensation reflects each party’s role in the accident. If you have questions about how this applies to your situation, contact our office to discuss your case.

Protecting Your Rights

Understanding comparative fault is crucial for your personal injury claim. Knowing how fault is assessed helps you and your attorney develop a strategy to maximize your recovery. Understanding possible defenses, such as mitigation, allows you to prepare counterarguments. This knowledge also ensures all procedural requirements are met, which prevents unnecessary delays or dismissals. For personalized guidance on protecting your rights after a car accident in Southwest Missouri, contact The Law Office of Chad G. Mann, LLC. We’re dedicated to providing clear, actionable legal advice tailored to your specific circumstances. You can learn more about Chad G. Mann and his commitment to client advocacy on our website.

How The Law Office of Chad G. Mann, LLC Can Help

Navigating the nuances of Missouri’s comparative fault laws can be challenging. Our dedicated team offers:

Expert Legal Guidance: We’ll explain how comparative fault could affect your case.
Strategic Planning: We’ll work to minimize your assigned fault percentage and challenge any defenses raised.
Aggressive Representation: We’re committed to fighting for the compensation you deserve.

Our Approach to Comparative Fault Cases

Case Evaluation and Investigation

At The Law Office of Chad G. Mann, LLC, we understand that comparative fault can significantly impact your personal injury claim. Our first step is always a thorough case evaluation. We investigate the accident, gather evidence such as police reports and witness testimonies, and carefully analyze how fault might be assessed. This detailed analysis allows us to build a strong foundation for your case and strategize effectively to maximize your recovery.

Negotiation and Settlement

Missouri’s pure comparative fault system allows injured parties to recover damages even if they are partially at fault for the accident. This means that during negotiations, we can effectively argue for the compensation you deserve, even if you share some responsibility. We are skilled negotiators and work diligently to reach a fair settlement that accurately reflects the impact of your injuries and losses. We understand the complexities of Missouri’s car accident laws and will advocate fiercely on your behalf.

Litigation and Trial Advocacy

While we always strive for a fair settlement, we are fully prepared to take your case to trial if necessary. It’s important to remember that comparative fault must be raised as an affirmative defense. Defendants must explicitly plead comparative fault to use it as a defense, which underscores the importance of skilled legal representation. Our experienced trial attorneys are adept at presenting compelling arguments and evidence to a jury, protecting your rights throughout the process. Chad G. Mann has extensive experience litigating these types of cases and is prepared to fight for you.

Why Choose The Law Office of Chad G. Mann, LLC?

Facing a personal injury claim after a car accident can be overwhelming. Our dedicated team at The Law Office of Chad G. Mann, LLC offers expert legal guidance, ensuring you understand how comparative fault could affect your case. We will work to minimize your assigned fault percentage and challenge any defenses raised. We believe in open communication and will keep you informed every step of the way. We’re committed to providing personalized attention and compassionate support during this challenging time. Contact us today for a free consultation to discuss your case.

Contact Us Today

If you’ve been injured in a car accident in Springfield or anywhere in Missouri, don’t face these legal complexities alone. Contact The Law Office of Chad G. Mann, LLC for a free consultation. Let us help you understand your rights and pursue the maximum compensation you’re entitled to.

Frequently Asked Questions

If I’m partly at fault for a car accident in Missouri, can I still get compensation? Yes, absolutely. Missouri uses a “pure comparative fault” system. This means even if you are primarily responsible for the accident, you can still receive compensation for the portion of damages the other party is responsible for. Your compensation will be reduced by your percentage of fault.

What’s the difference between comparative and contributory negligence? Contributory negligence is an older system where even being 1% at fault could prevent you from receiving any compensation. Comparative fault, which Missouri uses, is a fairer system that apportions fault and allows for partial recovery even if you share some blame.

How is fault determined in a Missouri car accident case? Several factors are considered, including police reports, witness statements, expert opinions (like accident reconstruction specialists), photos, and videos. A judge or jury will weigh this evidence to assign a percentage of fault to each party involved.

What does “mitigation of damages” mean, and how does it affect my case? Mitigation of damages means you are expected to take reasonable steps after an accident to minimize your losses, such as seeking prompt medical care and following your doctor’s recommendations. Failing to mitigate could reduce your final compensation. It’s about taking responsible actions to aid your recovery and manage related costs.

What should I do if I’ve been in a car accident in Missouri? Contact a qualified personal injury attorney as soon as possible. An attorney can help you understand your rights, navigate the complexities of Missouri’s comparative fault laws, gather evidence, and build a strong case to pursue the compensation you deserve.

Understanding Comparative Fault: How It Impacts Your Missouri Claim