Determining who is at fault in a car accident can be challenging. Accidents often involve multiple factors and drivers, making it difficult to pinpoint responsibility. This is where the concept of “comparative fault” comes into play.
Also known as comparative negligence, the rule allows the blame to be shared among the parties involved based on their degree of responsibility. This approach helps to distribute the costs and consequences of an accident fairly.
Comparative fault in Missouri
In Missouri, comparative fault rules allow drivers to collect compensation even if they are primarily at fault. Missouri is one of 13 states that follow this rule. This means you can still receive damages, but your percentage of fault reduces the amount. For instance:
- If you’re awarded $100,000 in damages but found to be 30% at fault, you’d receive $70,000.
- If you’re 80% at fault, you’d collect $20,000.
This system tries to ensure that everyone involved bears a fair share of the financial burden.
Modified comparative negligence in Illinois
In Illinois, the concept of “modified comparative negligence” is similar to comparative fault. However, the state follows a “51% Bar Rule,” which means that you can only recover damages if you are less than 51% at fault.
If you are found to be 51% or more responsible for the accident, you are not entitled to any compensation. This approach aims to ensure fairness by holding individuals accountable for their level of responsibility while still allowing them to recover some damages if their fault is relatively minor.
How is fault established after a car accident?
Determining fault involves examining evidence such as police reports, witness statements and accident reconstructions. Insurance companies and legal professionals assess these details to assign fault percentages.
It can be beneficial to work with a knowledgeable car accident attorney. They can help gather evidence and negotiate with insurers to maximize your compensation.
Insurance companies often employ various tactics to protect themselves financially. They might do this in several ways, such as:
- Delaying processing claims
- Disputing the extent of injuries
- Offering quick, low settlements to minimize payouts
Knowing these strategies can help you better navigate the claims process and ensure you receive fair compensation.
A skilled attorney can guide you through the complexities of your case, ensuring your rights are protected and you receive what you deserve. They can be crucial in helping you understand comparative fault and how it could affect your claim.