Sometimes, however, liability is not so clear. What happens when the Plaintiff’s own actions contributed to the accident? Can they still bring a suit and recover anything for the injuries sustained? The short answer is yes. In Missouri, we are what is known as a comparative fault state. This means that if you are injured in an accident, you can still bring a claim against the Defendant, even if your own negligence was a contributing factor. Under comparative fault, any fault charged to the Plaintiff shall be taken out of the amount awarded for damages.
To better understand this principle, let’s look back at our two previous hypothetical examples. This time, Plaintiff is approaching a stop sign at a four-way stop heading North. Defendant is approaching the same intersection from Plaintiff’s right, heading West. Plaintiff is the first vehicle to come to a complete stop and then begins to accelerate through the intersection. Defendant, believing they were there first, also enters the intersection and crashes into the passenger side of Plaintiff’s vehicle. At trial, the jury awards Plaintiff $20,000. However, the jury also feels that Plaintiff had enough time to try and avoid Defendant, and finds that Plaintiff was 25% at fault. The Plaintiff is therefore, awarded the remaining 75% of the $20,000 in damages, or $15,000.
This same principle would also apply to the previously mentioned slip and fall example. Let’s say this time, after mopping, the Defendant did in fact put out a caution/wet floor sign. However, the sign was placed in a location on the floor that was not near the wet area, and the Plaintiff slipped and fell. At trial, the jury awards $20,000 to Plaintiff. However, the jury believes Plaintiff should have still seen the caution sign and known there was a possibility the floor was wet. Therefore, the jury finds that Plaintiff was 50% at fault. In this instance, Plaintiff’s final award is $10,000 in damages.
Not every state is a comparative fault state. If you are injured in an accident and have questions about what you are entitled to, please give the attorneys at Bollwerk & Associates a call or email me directly at [email protected].