A collision with another vehicle, particularly one that results in physical harm, can leave you fairly shaken up. The hours and days following the wreck may quickly fly by with all of the various interactions you have with police officers, tow truck companies, mechanics, doctors, insurance companies, and family members. However, one of the most important calls you can make following this kind of incident is one to an experienced car crash attorney.
If you suffered injuries in a motor vehicle collision, you may have a right to seek compensation to pay for your various damages. However, to achieve a successful result in a personal injury claim, you must be able to prove fault. If retained, a committed legal professional could explain how comparative negligence works in Sunset Hills car accident cases and work tirelessly on your behalf.
Comparative vs Contributory Negligence
There are two main tort laws when it comes to attributing fault and most states ascribe to one or the other. Comparative negligence asserts that the blame can be shared between more than one party, including a plaintiff, as a percentage. Damages are then paid out by each responsible party based on their portion of fault. If an injured person shares in the liability for an accident, then their possible damages award will be lessened by their percentage of fault.
On the other hand, contributory negligence states that if a plaintiff contributed in any way to the incident resulting in their injury, then they cannot seek any financial recovery at all. Fortunately, Missouri enforces the comparative fault law for all personal injury claims, including car wreck cases, in Sunset Hills and throughout the state.
How is Comparative Negligence Calculated in Car Crash Claims?
Percentages are used to divide up the blame. For example, if it is determined that one driver is 80% at fault for the accident and the other driver is 20% at fault, then each party is responsible for their percent of the damages.
Insurance Companies and Comparative Negligence Cases
Insurance companies often try to manipulate comparative negligence in Sunset Hills car crash claims to be used to their advantage. They sometimes try to blame an injured driver for being hit so that they do not have to pay as much. For example, in a wreck where a plaintiff driver had a green light and is hit by a negligent driver running a red light, they might actually try to say that it was partially the plaintiff’s fault. They may argue that plaintiff should have had full awareness of their surroundings or that they should not be so naïve to believe that another person will stop at their red light and drive more cautiously.
Insurance companies will also frequently try to blame victim drivers if they do not have legal representation. They will make practically any argument they can think of to blame a driver for some sort of negligence—that does not actually exist—if they realize the plaintiff does not have a knowledgeable lawyer on their side to defend against these baseless accusations. That is one reason why it is essential to get in touch with a seasoned attorney as soon as possible following a car wreck in Sunset Hills.
Call Now to Learn More About Comparative Fault in Sunset Hills Car Wreck Claims
If you were injured in a crash that was caused by another person’s reckless or careless driving, do not allow greedy insurance companies to bully you into taking part of the blame. You deserve fair and comprehensive monetary awards for all of the stress, pain, and inconvenience you suffered on account of someone else’s negligent actions.