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(314) 500-HURTCan I still get compensation for my injuries if the accident was partially my fault? Accidents happen. Sometimes it’s the other person’s fault, and sometimes the accident occurs because of a mistake you made. But what if you’re both at fault? If the accident was caused by two parties, does one side get to recover more than the other?
Burger Law is a St. Louis personal injury law firm that serves the injured throughout Missouri and Illinois. If the insurance company is telling you they can’t compensate you because you’re partially at fault, don’t believe them. Instead, call Burger Law. We answer questions for free every day and do not stop fighting until our clients get the full compensation they are lawfully owed. Read on to see how being partially at fault can affect your compensation, call Burger Law at or contact us online for a free consultation.
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Personal injury claims are about fairness. The at-fault party has to pay for the damages they caused, and the injured party deserves payment for the damages they sustained. In a personal injury claim, “fault” determines who is liable for another person’s injuries. Negligence is what is used to determine who is at fault in an accident. It isn’t a law, but 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:
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.
Most states recognize the concept of comparative negligence. This means that in a personal injury case, each party’s compensation is based on the percentage of fault assigned to each party involved in the accident. Therefore, even if you were partially at fault, you may still be eligible for compensation, although the amount of compensation will be reduced to reflect their percentage of fault.
For example, say you were injured in a pedestrian accident while crossing the street. You were looking at your phone, and didn’t cross in a crosswalk. A jury or insurance adjuster may say your inattention means you were at fault. However, say the driver who hit you was also looking at their phone, or they were ignoring traffic signals. In that case, you’d both bear some of the blame, as your injuries probably wouldn’t have happened if you had crossed properly, but they also wouldn’t have happened if the driver has been paying attention.
In this case, it may be determined that you were 40 percent at fault. So, if your damages total $100,000, you would receive $60,000 in compensation after taking out the $40,000 that you are responsible for.
Some states practice contributory negligence, which bars you from recovering compensation even if you were just one percent at fault and the other person was 99 percent at fault.
The “advantage” of the “all or nothing” aspect of contributory negligence is that insurance adjusters, lawyers and the court system do not have to worry about assigning percentages of fault in complicated accidents. However, it can leave someone who did next to nothing wrong without the compensation they need to recover. Fortunately, both Missouri and Illinois have adopted comparative negligence instead of contributory negligence.
There are two types of comparative negligence: pure comparative negligence and modified comparative negligence. In states that follow pure comparative negligence, the plaintiff can still recover damages even if they are found to be mostly at fault for the accident. For example, if you were 90 percent at fault, you would receive 10 percent of your damages. In states that follow modified comparative negligence, the plaintiff can only recover damages if they are found to be less than a certain percentage (usually 50 percent) at fault. Meaning, if that accident is determined to be mostly the other person’s fault, you can recover compensation. If the accident was mostly your fault, you can’t.
Missouri Revised Statute §537.765 states that the doctrine of “contributory fault” in the state is abolished, and the doctrine of “pure comparative fault” applies to personal injury claims. That means that you can recover compensation for your accident, even if you were 99 percent at fault.
Pure comparative fault in Missouri also applies if there are multiple other parties who share the blame for your injuries. Under Missouri Revised Statute §537.067, if any one defendant is 51 percent or more at fault for your accident, they are considered “jointly and severally liable,” meaning you can seek your entire compensation from that one defendant. So, you and your personal injury lawyer do not have to spend time trying to find and file claims against everyone who caused your accident. You can be fully compensated from one lawsuit against one person.
Under 735 ILCS 5/2-1116, Illinois has adopted a system of “modified comparative fault,” with a 51 percent bar. This means that your recovery in a personal injury case may be reduced by the percentage of fault attributed to you, but only if you’re found to be 50 percent or less at fault. If your fault is found to be 51 percent or greater, you are barred from recovering any damages.
Under 735 ILCS 5/2-1117, any defendant who has 25 percent or more of the fault can be held “jointly and severally” liable for all of your damages.
If you were injured through someone else’s negligence, you deserve compensation, even if you were partially at fault yourself. At Burger Law, we leave no stone unturned and we fight for our clients for their maximum compensation. We don’t leave any money on the table. Speak to a personal injury lawyer today at or fill out our online contact form to discuss your case for free.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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