What do you do when you’re partially at fault for an auto accident? What rights do you still have as a person who was injured because of someones elses actions? Does this mean you cant get compensation because you are partially responsible for the accident? Does it mean you can get compensation, but not a full amount?
In this FAQ, we go over what happens when you’re partially at fault for an accident, and what you can expect to be compensated for from the accident. If you have any questions about this FAQ, or have a current accident case that you need help with, call or contact our Personal Injury Lawyers in St. Louis now. We don’t charge any fees for our consultations, and we don’t require any attorneys fees unless we win your claim. Contact our team now at 314-542-2222 or 618-272-2222.
Can I sue if I was partially at fault for the accident?
Accidents happen. Sometimes it’s the other person’s fault, and sometimes the accident happens because of a mistake you made. The question is, what happens if you’re partially at fault for the accident? If the accident was caused by two parties, does one side get to recover more than the other?
So the way a multi-fault accident works is by determining who is more at fault in the accident. This is known as Comparative Fault. Missouri and Illinois are both comparative fault states, so when an accident happens in Missouri the plaintiff can only recover damages in proportion to the defendant’s amount of negligence and fault. To make this simple, if you were 50% responsible for the accident, you would only be able to recover 50% of the damages you are eligible to recover.
Your next question may be, what is negligence and how is this determined?
Negligence is what is used to determine who is at fault in an accident. It isn’t a law, it’s more of a series of steps to determine who is at fault, and to what extent are they at fault. They are generally five steps to determine fault:
- Is a duty owed to commit an act, or to not commit an act?
- Was the duty to commit or not commit the act breached?
- Did the breach of duty cause the plaintiff to suffer damages or be injured?
- Were the defendant’s actions the main/primary cause that led to the plaintiff being injured?
- Did the plaintiff suffer actual damages, such as medical bills, lost wages, rehabilitation costs, etc?
Once the levels of fault for both the defendant and plaintiff are decided, then decisions can be made on the levels of compensation and recovery that each party is able to receive. If you are partially at fault for the accident, you will only be able to recover the amount that the other party was liable for in the accident.
So to answer the question, Yes you can sue if you were partially at fault for the accident. Your recovery is going to be reduced by your level of fault in the accident, but you may still be eligible to get compensation for the accident.
For any accident, make sure you get as much info as you can from the other sides insurance. You need to know what they cover, what you can recover, and what the potential limits are. Arming yourself with knowledge is the best way to ensure that you get the maximum of what you are owed. If you have any questions about this FAQ, or if you’ve been in an accident and you need a lawyer to help you with the claim, give our team a call at 314-542-2222 or 618-272-2222. Remember, we don’t charge any fees for our consultations, and we don’t require any attorneys fees unless we win your claim.