While truck drivers and other parties in the trucking industry often bear responsibility for Missouri truck crashes, fault is not always entirely one-sided. If you were involved in a truck crash, you may share some responsibility even if the truck driver or trucking company was mostly to blame.
Does that mean you cannot recover compensation for your losses? No, it does not. Fortunately, Missouri law allows you to pursue partial compensation even when you were somewhat at fault.
If you were hurt in a crash with a large commercial motor vehicle, contact the experienced truck accident attorneys at Sumner Law Group, LLC, today for a free consultation. We are ready to discuss your legal rights and options after a shared fault truck accident in Missouri.
How Is Fault Determined in a Missouri Truck Accident Case?
Determining fault in a Missouri truck accident case involves examining how the crash occurred and whether any party acted negligently.
In legal terms, negligence means failing to exercise reasonable care under the circumstances. To establish fault, one party must show that another owed them a duty of care, breached that duty, and caused their injuries as a result. All drivers have a duty of care to those with whom they share the road, requiring them to avoid causing accidents.
While many car accident claims involve only two potentially responsible parties, truck accident cases are often more complex because multiple third parties may also share responsibility. For example, depending on the circumstances, potential at-fault parties may include:
- The truck driver
- The trucking company
- Truck maintenance providers
- Cargo loaders
- Another motorist
To determine who shares responsibility for a partial fault truck accident in Missouri, various stakeholders will evaluate each party’s actions leading up to the collision. Insurance companies typically conduct their own investigations, and if a claim proceeds to court, a judge or jury may ultimately determine how fault is divided.
The court will review the evidence to assess the behavior of everyone involved and assign a percentage of responsibility to each party. Because Missouri follows a comparative fault system, determining the percentages of fault is a critical step in any truck accident claim.
How Missouri’s Comparative Fault Law Works in Truck Accident Claims
Missouri follows a legal doctrine known as pure comparative fault in personal injury cases, such as truck accident claims. Pure comparative fault allows all parties involved in a crash to share responsibility based on their level of fault. Rather than preventing someone from recovering compensation if they contributed to the accident, the Missouri comparative fault law adjusts the amount of compensation according to each party’s percentage of fault.
In practical terms, that means you may still pursue a claim for compensation even if you share some blame for a truck accident. However, the law reduces the total amount you are eligible to receive in proportion to your assigned share of responsibility. Fault assessments are determined through negotiations with insurance companies or, if necessary, by the courts.
Can You Recover Compensation If You Are Partially at Fault in Missouri?
Yes, under the Missouri pure comparative fault system, you can recover compensation even if you share partial fault for a truck accident.
Under Missouri law, injured individuals are not barred from seeking compensation simply because they contributed to a crash. Instead, their total compensation is reduced based on their percentage of responsibility. That means you may still pursue payment for medical expenses, lost income, property damage, and other losses.
However, to minimize payouts, insurance adjusters for the truck driver or trucking company often attempt to assign a higher percentage of fault to the accident victims. That can happen in truck accident cases in particular, because commercial motor vehicle crashes can cause catastrophic damage and lead to high expenses.
A Missouri truck accident lawyer from Sumner Law Group, LLC, can push back against insurance company tactics designed to shift the blame to you and fight to pursue the financial recovery you deserve.
What Evidence Is Used to Prove Fault in Missouri Truck Accidents?
Strong, reliable evidence is necessary to establish fault following a truck collision. Because commercial truck crashes often involve serious injuries and significant financial losses, insurers and courts closely examine the available proof before assigning responsibility.
A thorough investigation helps clarify how the accident occurred and who may be liable.
To paint a clear picture of the events leading up to the collision and support an accurate determination of fault, investigators typically review the following types of evidence:
- Police accident reports
- Eyewitness statements
- Photographs of vehicle damage and the accident scene
- Traffic camera or dashcam footage
- Electronic logging device (ELD) data
- Vehicle black box data
- Maintenance and inspection records
- Driver employment and training records
How Partial Fault Reduces Compensation in Missouri Truck Accident Claims
Under Missouri truck accident claim fault rules, if you bear partial fault for a truck accident, either negotiations between insurance companies or a court judgment will proportionately reduce your compensation. Here is how the process works:
- The insurers or the court will calculate your total losses. Let’s say you’re awarded $150,000.
- Next, they will assign you a percentage of fault. For example, they may determine you share 30 percent of the fault for the truck accident.
- They will reduce your total compensation by your percentage of fault. In this case, a 30 percent reduction of a $150,000 award is $45,000, leaving you with $105,000.
As you can see, even a modest increase in fault can significantly affect the amount you ultimately receive in a personal injury claim. That is one of many reasons why you need our experienced truck accident lawyers on your side.
Why Legal Representation Matters in Missouri Partial Fault Truck Accidents
If you suffered injuries in a truck accident, the other parties involved will devote considerable resources to paying you as little as possible for your medical expenses, lost income, pain, suffering, and other losses – even if that requires them to exaggerate your role in causing the crash. To protect yourself and preserve your right to the maximum compensation you deserve, you need an experienced truck accident attorney who can fight back.
At Sumner Law Group, LLC, we have over 50 years of combined experience advocating for the rights of injured people in Missouri. We’ve recovered millions for our clients, including a $7 million trial award for the victim of a truck accident and a $2.375 million settlement in another truck crash case.
Contact us 24/7 to discuss your case in a free initial consultation with a knowledgeable Missouri truck collision attorney.
