Missouri Comparative Fault: Can You Still Get Compensation?

Understanding Missouri’s Comparative Fault Rule

Missouri operates under a pure comparative fault system. This means that if you are partially responsible for an accident, your compensation will be reduced by your percentage of fault. Unlike some states that bar recovery if you are more than 50% at fault, Missouri allows you to recover damages even if you are 99% responsible for the accident. (Missouri Revised Statutes – Comparative Fault)

For example:

• If your damages total $100,000, but you are 20% at fault, your compensation will be reduced to $80,000.
• If you are 75% at fault, you can still recover $25,000 from the other responsible party.

How Fault Is Determined in Missouri Car Accidents

Fault is not automatically assigned—it is determined through evidence, which may include:

• Police reports detailing the accident scene.
• Eyewitness testimonies from drivers, passengers, or pedestrians.
• Traffic camera or dashcam footage showing how the accident occurred.
• Expert testimony from accident reconstruction specialists.
• Statements from insurance adjusters who analyze the circumstances of the crash.

Insurance companies and courts will review this evidence to assign a percentage of fault to each party involved in the accident. (Missouri Court Cases – Comparative Fault)

What If Multiple Parties Are at Fault?

Missouri’s comparative fault rule applies to all parties involved in accidents involving multiple at-fault parties. Each person’s liability will be proportional to their percentage of fault.

For example, in a multi-car collision:

• Driver A is found 60% at fault.
• Driver B is 30% at fault.
• Driver C is 10% at fault.

Each driver’s compensation is reduced based on their share of fault. If Driver B suffered $50,000 in damages, they would only recover $35,000 (70% of the total) since they were 30% responsible. (Missouri Court Cases – Comparative Fault)

Common Scenarios Where Comparative Fault Applies

Comparative fault comes into play in various types of accidents, including:

• Rear-End Collisions
  • If the front driver suddenly brakes for no reason, but the rear driver is following too closely, both drivers may share the fault.
• Intersection Accidents
  • If two cars enter an intersection simultaneously and fail to yield, they may be partially at fault.
• Pedestrian Accidents
  • If a pedestrian jaywalks but the driver is speeding, both may be held partially responsible.
• Lane-Change Crashes
  • If one driver fails to check their blind spot, but the other driver was speeding, both could be at fault. (Missouri Driver’s Guide – Traffic Violations)

Can You Still File a Lawsuit If You’re Partly at Fault?

Yes! Missouri’s pure comparative negligence system allows you to file a lawsuit even if you were partially at fault. The court will assign a percentage of fault and adjust your compensation accordingly.

This means you should never assume you don’t have a case just because you believe you were partly to blame. Consulting a St. Louis car accident lawyer can help clarify your legal options. (Missouri Courts – Civil Lawsuits)

How to Maximize Your Compensation if You’re Partly at Fault

If you’ve been injured in a Missouri car accident and share some fault, follow these steps to protect your claim: (Missouri Bar Association – Legal Help)

• Don’t admit fault at the scene – Stick to the facts when speaking with police.
• Gather evidence immediately – Take photos, collect witness statements, and request surveillance footage if available.
• Seek medical attention – A documented injury strengthens your case.
• Hire an experienced car accident lawyer – An attorney can negotiate with insurance companies and challenge unfair fault assignments.