Cars collide every day in Missouri and Illinois, seriously injuring drivers and passengers. It’s not unusual for more than one driver to be partially responsible for a multi-vehicle car accident. Even if you are partially at fault, you may still have a right to seek compensation for your injuries in a car accident. To understand your legal rights, talk to an experienced St. Louis car accident lawyer.
At The Cagle Law Firm, we are ready to evaluate your car accident at no charge and explain your legal options for seeking compensation for your serious injuries. Under Missouri’s pure comparative fault law, you may be eligible to recover compensation for your injuries from another at-fault driver even if you were partially at fault.
Under Illinois’ modified comparative fault law, you may still be eligible to recover compensation for your injuries from another at-fault driver even if you were partially at fault. However, under Illinois modified comparative law you must show the other driver was at-fault — at least 51% — or your case will be barred.
Determining Responsibility When Two or More Drivers Are Partially At Fault
Missouri law applies a comparative negligence standard to determine compensation for injuries from car accidents and other motor vehicle accidents. In other words, the relative degree of fault of each driver in an accident is critical in determining the damages you may recover. Applying the comparative fault or comparative negligence doctrine, you may receive compensation even if you are partially at fault.
Here’s an example of how Missouri’s pure comparative fault law works in car accidents. If your total damages are $60,000 and you are found to be 50 percent at fault in the accident, then you may recover up to $30,000 of your losses—the total amount less 50 percent.
Conversely, under Illinois’ modified comparative fault standard the outcome is very different. Under Illinois law, if your total damages are $60,000 and you are found to be 50 percent at fault in the accident, then you may not recover any compensation for your injuries. Thus, under Illinois law you must prove that the other driver was more at-fault than yourself.
Determining the percentage of fault of each driver is critical to resolving a case and your ability to recover damages. The degree of fault of each driver in a car accident is determined by insurance adjustors if a case is to be settled or by a jury if it goes to trial. You want an experienced St. Louis car accident lawyer who is effective at negotiating with insurance companies to minimize your degree of fault in a serious collision.
Call (314) 276-1681 or use our online form for a free, confidential consultation seven days a week.