Comparative negligence laws dictate how the responsibility for an accident will be shared between the parties directly involved in an accident where bodily injury or property damage occurred. When both parties contributed to the accident, comparative negligence determines who will receive compensation for losses and how much will be received.
Comparative negligence is most often used to assign blame in auto accidents by determining or apportioning fault between two parties. If two drivers both break the same traffic laws in an accident, such as running red lights or ignoring other traffic lights or road hazards, then both may be denied their claims.
In determining negligence, a court will use a percentage system called “comparative fault,” dividing your total loss by the total fault. Under Missouri Revised Statute § 537.765, Missouri is a comparative fault state, meaning that people should take care of their own safety and welfare. As an example: If you run a red light and collide with another driver who has $10,000 in damages and the court determines that while you did run a red light, the other driver had sufficient enough time to try and avoid colliding with you. Because you are ruled to be 80 percent responsible and the other driver is 20 percent responsible, you must pay $8,000 to the other driver.
Illinois has adopted modified comparative negligence. Under 735 ILCS 5/2-116, an injured party may recover damages only if they are less than 50 percent at fault for the injuries or damages. However, the recovered amount may be reduced in proportion to the degree that the injured party was at fault. For example, if the other driver is determined to be 80 percent at fault and you are determined to be 20 percent at fault, you can collect for your damages because you were less than 50 percent at fault.
Client Reviews
Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
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