Car accidents can leave victims grappling with physical injuries, emotional trauma, and financial stress. If you’re involved in a car accident in Missouri, it’s crucial to understand how the state’s comparative fault laws could impact your personal injury claim. At The Law Office of Chad G. Mann, LLC, we’re here to help you navigate these complex legal principles to maximize your compensation.

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.

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.

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.

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:

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.

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.

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.

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.

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