Truck accident victims often worry that their role in the collision will eliminate their right to compensation. Perhaps you were checking your phone moments before impact. Maybe you were driving slightly over the speed limit when the crash occurred. Concerns about shared responsibility in a comparative fault state create confusion about your legal options.
At Fowler Pickert Eisenmenger Norfleet, our experienced lawyers help Kansas City truck accident victims understand how Missouri's comparative fault rules protect their rights. Even when you share some responsibility for the collision, you may still recover significant damages for your injuries and losses. Below, we shed light on what’s involved in recovering damages in relation to a truck accident, even if you were partially at fault.
Understanding Missouri's Comparative Fault Rule
Missouri follows a pure comparative fault system, which means you can recover damages even if you were partially responsible for the accident in which you were injured. The court reduces your compensation by your percentage of fault.
Consider this example: You suffered $100,000 in damages after a truck accident on I-70. The jury finds you 20% at fault for following too closely. You would receive $80,000—the total damages minus your share of responsibility.
This differs from other states that use modified comparative fault rules. In those jurisdictions, you lose all rights to compensation if your fault exceeds a specific threshold—typically 50% or 51%. Missouri's pure system offers more protection for injured parties.
Common Scenarios Where Victims Share Fault
Several situations involve shared responsibility between truck drivers and other motorists. For example:
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You merged into a truck's blind spot while the driver failed to check properly before changing lanes. The truck driver violated federal blind spot monitoring rules, but your lane change timing contributed to the collision.
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You were traveling five miles over the speed limit when a truck driver ran a red light at an intersection. The trucker's traffic violation caused the crash, but your speed reduced your reaction time.
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You glanced at your GPS moments before a truck driver jackknifed due to improper cargo loading. The trucking company's loading errors created the dangerous condition, but your brief distraction played a minor role.
Our knowledgeable Kansas City truck accident lawyers examine these details closely to minimize your assigned fault percentage. Even small reductions in your comparative fault significantly increase your compensation for damages in a truck accident case.
How Insurance Companies Use Comparative Fault Against Accident Victims
Trucking company insurers frequently try to shift blame onto accident victims. They employ several tactics to minimize your recovery:
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Requesting recorded statements immediately after the accident. If you agree, insurance companies can use your words against you by highlighting any admission that could suggest fault.
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Pointing to minor traffic violations. A citation for failing to signal or speeding can become evidence indicating that you caused the collision rather than the truck.
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Claiming you could have avoided the accident. Insurance representatives argue that quicker reflexes or different decisions would have prevented the crash.
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Highlighting pre-existing injuries. Truck insurance companies may suggest that your medical conditions—not the accident—caused your current pain and limitations.
Insurance company strategies like these seek to inflate your percentage of fault. Our Kansas City truck accident lawyers work diligently to counter these tactics by gathering evidence that demonstrates the truck driver's primary responsibility.
Gathering Evidence That Protects Your Comparative Fault Claim
Strong documentation shifts the focus back to the truck driver's negligence. Our experienced Kansas City truck accident lawyers work diligently to collect:
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Police reports and crash scene data. Officers document road conditions, vehicle positions, and witness statements, which often reveal the truck driver's violations.
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Electronic logging device (ELD) records. Federal regulations require commercial trucks to maintain ELDs, which show whether the driver exceeded hours-of-service limits or violated other safety rules.
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Truck maintenance records. Poor brake maintenance or worn tires indicate the trucking company's negligence. These failures often contribute more to accidents than driver error.
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Video footage from multiple sources. Traffic cameras, dashcams, and surveillance systems capture the moments before impact, which can counter insurance claims about your driving behavior.
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Expert accident reconstruction analysis. The testimony of specialists who use physics and engineering principles to determine how the collision occurred establishes the primary cause of the accident.
Why Legal Representation Matters in Comparative Fault Cases
Trucking companies and their insurers employ teams of lawyers and adjusters to investigate accidents thoroughly to find evidence supporting their version of events. Without legal representation, you face this reality alone. Choosing an experienced truck accident attorney helps to level the playing field by:
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Conducting an independent investigation before evidence disappears
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Identifying all liable parties, including trucking companies and cargo loaders
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Calculating the full value of your damages, including future medical costs
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Negotiating with insurers who try to exploit comparative fault rules
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Presenting compelling evidence if your case goes to trial
Insurance companies often make low settlement offers to unrepresented victims. They know comparative fault arguments intimidate people into accepting less than they deserve. Legal representation ensures you receive fair compensation despite any shared responsibility.
Protecting Your Rights After a Kansas City Truck Accident
Don't let concerns about comparative fault prevent you from seeking justice. Missouri law recognizes that accident responsibility often involves multiple parties. Your partial fault doesn't eliminate the truck driver's negligence or the trucking company's liability.