Missouri is well known for its congested roads, and it is a major commercial trucking hub. Unfortunately, it experiences a lot of truck accidents annually. There are a large number of big trucks traveling through the state’s roads, so truck accidents can cause devastating injuries and huge property damage.
If you have been hurt in a Missouri truck accident, you might ask yourself how the Missouri laws, particularly contributory negligence laws, would affect your case and your chances of recovering damages. A truck accident attorney in Missouri deals with contributory negligence since it can have much to do with the outcome of your case and the amount you can recover. Let’s explore this in detail.
What is Contributory Negligence?
Contributory negligence is a principle under which one’s own carelessness or behavior is responsible for the cause behind an accident or injury. When an individual is held partly responsible for an accident, their claim to compensation can be reduced. But Missouri is a comparative fault state, and it is not like other states.
Missouri’s Comparative Fault System
Missouri operates a modified comparative fault system. This means that one can recover compensation if they are partially to blame for the accident when the percentage of Fault is less than 51%. If you are prone to the extent of 50% or less for the truck accident, you may still recover compensation. But it will be lowered by your percentage of Fault.
How Does Contributory Negligence Affect Your Truck Accident Case?
Contributory negligence is an important factor in identifying a truck accident case. It should be determined, however, because Missouri comparative fault law guarantees that you were partially at Fault when the accident happened. But how much you are at Fault will have a direct bearing on how much compensation you can get.
Here are the ways contributory negligence laws may affect your truck accident case
- Determining Fault
The Fault must be determined in a truck accident claim. Insurance companies and the courts will look at the evidence, such as witness statements and accident reconstruction, to determine responsibility for the accident. If you and the truck driver are determined to have shared Fault, the amount of compensation you are awarded will be decreased based on your percentage of Fault.
- Impact on Insurance Claims
Contributory negligence is a doctrine of law that is used by insurance adjusters to say that you partially caused the accident and deserve to receive less of a settlement. If it were found that you were speeding or didn’t yield the right of way, the insurance company might dock your settlement figure by the percent of Fault ascribed to you. This could make negotiations with the insurance company difficult and result in you receiving less than a fair settlement.
- Jury Considerations
If your truck accident case is tried, the Fault in the case will be assigned by a jury. The jury will review all the evidence and can provide a percentage of Fault to every party in the accident. The jury will look at whether the truck driver was speeding or broke other traffic regulations. They will consider your behavior, such as whether you were distracted, driving under the influence, or breaking any traffic rules. The result of the trial will be based on how the jury distributes the Fault.
- Contribution from Multiple Parties
There are multiple parties involved in many truck accidents, such as the truck driver and the trucking company. If more than one party is responsible, the recovery of damage will be shared accordingly. But under Missouri law, you can sue all the parties who are responsible for your injuries. The law makes sure that if the truck driver or other parties are primarily at Fault, you can recover from them even if you are partly at Fault.
Defending Against Contributory Negligence Claims
You must document and fight off any contributory negligence claims carefully to have the best possible chance of recovering full compensation. Below are actions you can follow
- Gather Evidence
Collect many pieces of evidence from the accident scene, including photographs, police reports, and witness statements. This will help prove that the truck driver or other parties were primarily at Fault.
- Consult with an Experienced Attorney
An expert truck accident attorney in Missouri will guide you through the nuances of contributory negligence laws. They will defend your rights and assist you to make the best case possible and reduce your fault percentage.
- Negotiate Settlements
A lawyer will help you negotiate with insurance providers so that they do not unjustly place a high percentage of Fault on you. A lawyer can assist in obtaining a reasonable settlement that accurately represents the severity of your injuries and damages.
- Be Cautious of Admission of Fault
Do not accept fault at the accident scene or when communicating with insurance adjusters. Have your lawyer talk with the insurance company and other stakeholders.
To Conclude
It is difficult to navigate a truck accident claim in Missouri, especially when contributory negligence legislation enters the scene. A truck accident attorney in Missouri will help you negotiate with insurance providers Missouri who use a comparative fault scheme under which you may still recover damages if you are at least partially to blame. However, it will proportionally reduce your compensation accordingly depending on the extent of your Fault. With these legislations and a competent attorney, you can achieve the best outcome for your truck accident case.
FAQs
- Can I recover damages at all if I was partially to blame for a truck wreck in Missouri?
Yes, provided you are 50% or less at Fault, but your award will be diminished according to your percentage of Fault.
- How is Fault decided in a truck accident case in Missouri?
The fault is decided by considering evidence, which includes witness testimony, police reports, traffic codes, and accident reconstruction.
- What if I am determined to be over 50% at Fault?
If you have 50% at Fault, you will not recover any damages.
- Am I still able to sue if I am partially responsible for the accident?
Yes, but your award will be reduced depending on your level of Fault.
