Your guide to Missouri negligence liability for collisions
Negligence, in legal terms, is a very specific set of material facts. In general, you establish it by proving a defendant had a duty to do something and subsequently failed in that duty, causing an injury to you, the plaintiff. Drivers have specific responsibilities out on the road, and it is relatively easy for lapses to result in lifelong consequences for those behaving exactly as they should.
Missouri is a comparative negligence state when it comes to auto accidents. The percentage you were at fault would typically reduce the funds you could recover. That could mean a number of different things for a collision injury case you were involved in. Here are some examples.
Suing multiple parties
When you sue multiple people for the same incident, such as you probably would in a collision involving commercial motor vehicles, your total claim would likely be for the property damage you sustained to your vehicle, your medical costs and pain and suffering. It is likely that some parties would be more responsible than others, and it is also likely that some parties may be more likely to settle than others. After establishing a reasonable estimation of each party’s percentage negligence, you would then be able to approach them with settlement offers. If some accepted, you could still pursue action against the others.
Getting partial compensation
Missouri also has a law that states you could potentially recover damages even if you were significantly at fault for the car collision. Imagine that you were speeding, but the other driver ran a red light while also speeding. In this situation, a court may find you each liable. You could still conceivably receive compensation in this situation. Given the high cost of medical and repair bills, even a reduced percentage of your claim could make a large difference towards putting your life back together.
Missouri law indicates the state’s stance: Lawmakers do not want injury victims to bear the entire cost of auto-related injuries. With knowledge of the law and a thorough assessment of the facts of your case, you should be able to get the maximum compensation possible for your situation.