Is the other driver automatically at fault for hitting my car?

In between the dangerous highways and busy streets of the city it is hard to avoid reckless drivers in Missouri. Over 103,000 people in Missouri sustained personal injuries or damages from car accidents in 2014 alone. It can be helpful to know the state fault system when you find yourself in a car accident.

Missouri has a complicated system called a pure comparative fault system. Many times a single person is not considered completely at fault for a car accident. There are a lot of factors taken into effect to determine how much each person should pay for damages.

The pure comparative fault system

This type of system breaks down the amount of responsibility into percentages. The percentage of fault that you receive will determine how much you can be awarded for damages. The higher your number, the less money you will receive.

Here is an example: Joe attempts to turn right at a red light and suddenly stops when he notices a car coming. Laura follows Joe without breaking and hits him from behind. The court might decide that the accident is 70% Laura’s fault and 30% Joe’s fault. Laura can redeem 30% of the damages she received from Joe while Joe can redeem 70% of the damages he received from Laura.

How is fault determined?

In Missouri both parties can sue for damages even if they are 99 percent at fault. The fault will be decided in court once all evidence is provided. A skilled attorney can help you gather all the evidence you need to create a strong case.