Distracted driving accidents in Missouri often lead to severe injuries, significant property damage, and costly medical expenses. When both drivers share blame, Missouri law directly affects the compensation amount. Understanding how the state’s rules work helps set clear expectations and allows injured parties to prepare for the claims process after a crash.
How Missouri determines fault in distracted driving cases
In Missouri, investigators, insurance companies, and sometimes juries assign a percentage of fault to each driver. They review phone records, speak with eyewitnesses, examine accident reconstruction reports, and analyze dashcam video. If one driver texted while driving, that evidence strongly supports a distraction claim. If the other driver ran a red light, sped, or made another unsafe maneuver, both drivers may carry legal responsibility for the crash.
Missouri uses pure comparative negligence
Missouri applies a pure comparative negligence rule. This system reduces compensation by the driver’s percentage of fault. For example, if damages total $100,000 and a driver holds 30% of the fault, that driver recovers $70,000. Missouri law still allows recovery even if a driver holds 99% of the fault, but the award drops by that percentage. This approach ensures that every party remains accountable for their share of responsibility.
How partial fault impacts Missouri claims
Insurance adjusters often try to assign more fault to lower a payout. A small change in percentage can mean a large difference in compensation. For instance, reducing fault from 40% to 25% could increase recovery by tens of thousands of dollars. Drivers can strengthen their case by gathering photos, collecting surveillance footage, securing expert testimony, and documenting every detail of the crash scene and injuries.
Even with partial fault in Missouri, drivers can still recover money for medical bills, lost wages, property repairs, and other losses. Pursuing a claim against a distracted driver can offset the financial strain of the crash and provide the resources needed to rebuild and move forward.