Ryan Bradley | November 15, 2025 | Car Accident \ Missouri Law
Key Takeaways:
- You can recover damages in Missouri even if you’re partially at fault. Your compensation gets reduced by your fault percentage, but you could still recover damages even if you’re 99% responsible.
- Act fast to gather evidence proving fault. Dashcam footage and security camera recordings may be deleted within days, and witness memories fade quickly. Collecting and preserving evidence immediately after a crash can help you prove fault.
- Police reports aren’t always accurate, but can be corrected. If the accident report contains mistakes, request corrections or submit a supplemental statement as soon as possible.
After a car accident in Missouri, everything hinges on this question: Who was at fault? The answer determines whether you can recover compensation and how much you’ll receive. Who’s at fault for your crash also determines which insurance company pays for your damages.
Understanding how St. Louis car accident fault works and what evidence you need can be critical for your compensation claim. At Bradley Law, we’ve handled many Missouri car accident cases where the right evidence turned disputed liability into successful recovery.
Our guide explains Missouri’s fault system and the vital evidence that can make or break your case. Learn what you can do to protect your claim from day one.
How Fault Works in Missouri
Missouri follows a pure comparative negligence rule under Mo. Rev. Stat. § 537.765, which means you can recover damages even if you were partially responsible for the crash. However, your compensation gets reduced by your percentage of fault.
Here’s how it works in practice: if you’re 30% at fault and your damages total $100,000, you recover $70,000 (70%). If you’re 60% responsible for the crash, you can still recover $40,000. The comparative negligence rule applies regardless of your fault percentage, making Missouri one of the more plaintiff-friendly states for accident victims who share some responsibility.
How Is Comparative Fault Calculated?
The comparative negligence calculation happens in one of two ways. Most cases settle through negotiation, where your attorney and the insurance company agree on a fault split and apply it to your damages. If you can’t settle out of court, a jury or judge decides the percentage of fault for each party.
During negotiations, insurance adjusters may start with unfairly high percentages to try to reduce your payout. But your attorney can challenge their assessment. And every percentage point makes a difference, especially if you have high damages. A 10% shift in a $100,000 case means $10,000 more in your pocket.
Missouri differs from modified comparative negligence states, where you lose your right to recover if you’re 50% or 51% at fault. In Missouri, even if you’re 80% responsible, you can still recover 20% of your damages. That said, the higher your fault percentage, the harder insurance companies fight to deny your claim or try to push you into lowball settlement offers. This is why gathering strong evidence and hiring an attorney is essential if you have some fault for a crash.
What Evidence Proves Fault: Quick Overview
Proving fault means showing the other driver breached a duty of care and caused the accident. In Missouri, proving that another is responsible for your crash requires concrete evidence that demonstrates how the other party violated traffic laws or acted negligently.
To have a strong case, you’ll want to combine physical proof from the crash scene with documentation from authorities and witnesses. Physical evidence includes:
- Vehicle damage
- Skid marks
- Debris fields
- Road conditions
- Broken signage or damaged guardrails
Documentation often involves police reports, traffic citations, and witness statements that corroborate your version of events.
Technology advances have expanded what counts as evidence. Dashcam footage, security camera video, cell phone records showing distracted driving, and event data recorders (EDRs or “black boxes”) that capture accident data now play major roles in proving fault. These sources provide objective data that can help your case, especially if an insurance company is disputing fault.
However, time is of the essence as witnesses forget details, and video footage gets deleted or recorded over. Collecting evidence immediately is crucial, starting at the crash scene. What you document at the scene and in the days after the crash often determines whether you can prove fault.
Evidence to Collect at the Scene and After
The moments immediately after a crash are critical for building your case. What you document at the scene and in the hours that follow can determine whether you can prove fault and recover compensation. Here’s the evidence to collect at the crash scene and in the following days:
- Photos and video. Capture all vehicle damage and the full accident scene, including traffic controls and road conditions, skid marks, debris, and anything else that may be relevant.
- Driver information. Get names, contact details, insurance information, and license plate numbers from all drivers involved in the crash.
- Witness details. Collect names and phone numbers from eyewitnesses. Their statements can be essential for proving your claim.
- Road and weather conditions. Document anything that affected visibility or traction, such as rain, ice, fog, or road defects.
After You Leave the Scene:
- Medical records. Seek treatment immediately, even if you feel fine. Make sure to keep all medical records, as they prove that the crash caused your injuries.
- Police report. Request a copy from the investigating agency as soon as it’s available to review the report for accuracy.
- Surveillance footage. Contact nearby businesses or traffic authorities within 24-48 hours before footage is deleted or overwritten. In St. Louis, you may request traffic camera footage from the city’s traffic management system.
- Note how the crash happened. Memories fade quickly. Write down everything you remember about the accident, including what happened in the moments before and after impact.
Time is crucial when gathering evidence. Missouri businesses typically keep security footage for only a few days, and traffic camera footage may be available for even shorter periods. The sooner you or your attorney requests this evidence, the better your chances of preserving it.
For step-by-step guidance on what to do immediately after a crash, see our Missouri car accident checklist.
Dashcam, Phone Video, and EDR Data to Prove Speeding and Causation
Video and electronic data have become some of the most powerful tools for proving fault in Missouri car accidents. Unlike witness memories that may be unreliable, dashcam footage and event data recorders (EDR) provide objective and timestamped proof of what happened.
Dashcam footage captures the moments leading up to a crash, showing lane positions, traffic signals, speed, and driver behavior. Missouri courts admit dashcam evidence, and insurance companies take such footage seriously because it’s almost impossible to dispute.
If you have a dashcam, save the footage immediately, as many cameras loop and overwrite old files automatically. And phone videos from bystanders or from nearby security cameras can fill gaps when dashcam footage isn’t available.
What Are EDRs and How Can They Prove My Case?
Event data recorders (EDRs) are built into most vehicles manufactured after 2014. These devices record the final seconds before a crash, including the vehicle’s speed, brake application, steering angle, and even seatbelt use.
Missouri courts follow Federal Rule of Evidence 901, which determines that EDR data is admissible evidence when properly authenticated.
EDR data is particularly useful for proving the other driver was speeding, ran a red light, or failed to brake before impact. But accessing EDR data requires specialized equipment and expertise, and is typically done by a technician. Since the vehicle owner typically controls access to EDR data, your attorney usually has to request it through discovery in a lawsuit or by obtaining a court order.
Speak With An Attorney About Your Case
Rear-End Fault Myths and Exceptions
Most people assume the rear driver is always at fault in a rear-end collision. Missouri law does create a presumption of fault for the following driver, but it’s not always the case. According to a report published by the National Highway Transport Safety Administration (NHTSA), lead vehicle behavior can contribute to rear-end crashes. Here are some scenarios where the driver in front shares or bears full responsibility:
- Sudden stops for no reason. If the lead driver slams on the brakes for no legitimate reason, they may share fault.
- Aggressive lane changes. A driver who cuts into your lane and brakes immediately, leaving you no time to react, may be held responsible for causing the rear-end crash.
- Brake light failures. If the lead vehicle’s brake lights don’t work and you had no warning they were stopping, they may be at fault.
- Chain reactions. In multi-vehicle rear-end crashes, the first impact may push your vehicle into the car ahead. In that case, you wouldn’t be at fault for being shoved forward.
- Backing up. If the lead vehicle is reversing, for example, after missing their turn, and you hit them, they’re typically at fault.
While a driver in front may be to blame, be prepared that these exceptions require strong evidence. You’ll likely need witness statements, dashcam footage, or EDR data showing that the lead driver’s actions caused the crash. Without this proof, the presumption that you, as the rear driver, are at fault can be impossible to disprove.
If you’re involved in a complex rear-end crash, getting an attorney into your corner can be critical for the success of your compensation claim.
Police Reports: Obtaining, Reading, and Correcting Errors
A police accident report can be vital evidence in a claim, and is one of the documents insurance companies review when deciding fault. It summarizes the accident, and usually includes an officer’s opinion on who might have caused the crash. But don’t trust that your police report is accurate, as they can contain mistakes. Those mistakes could hurt your claim and recovery.
And remember, if police didn’t file a crash report at the scene, you only have 30 days to ensure one is submitted to the Missouri Department of Revenue. Failure to file a police report for an accident involving injuries, death, or more than $500 in property damage can affect your driving record and insurance claim.
Getting Your Missouri Crash Report
Missouri crash reports are available through the investigating agency, which may be local police or the Missouri State Highway Patrol. You can request reports online through the Missouri State Highway Patrol’s online system, by mail, or in person. Reports typically become available within 10 days of the crash.
When you receive your crash report, make sure to review it thoroughly for any errors or omissions. Here’s what it should contain at a minimum:
- Driver information
- Vehicle details
- Accident location
- Road conditions
- The officer’s narrative
Pay close attention to any fault determinations or citations, as these carry weight with insurance adjusters even though they’re not binding in court.
Correcting Police Report Errors
If you find mistakes, make sure to request a correction or submit a supplemental statement as soon as possible, as law enforcement is more likely to consider prompt requests. Contact the investigating agency in writing, explain the error, and provide supporting evidence. The agency may amend the police report or attach your statement as an addendum.
But even if the agency won’t change the report, getting your version on the record is vital, as your attorney can use your supplemental statement to challenge the insurance company’s fault determination.
Recovery Math Under Comparative Negligence
Understanding how comparative negligence percentages affect your recovery helps you evaluate settlement offers and know what to expect. The math is simple: your damages minus your fault percentage equals what you can recover. Therefore, your net recovery is calculated as Recovery = Damages × (1 −Fault %), and the table below illustrates how different fault percentages change the final amount.
Missouri Comparative Negligence Recovery Examples
Seeing how fault percentages translate into actual dollar amounts makes the stakes clear. Here are six common Missouri accident scenarios showing how different fault determinations can affect your compensation:
| Scenario | Your Fault % | Total Damages | Net Recovery | Liability |
|---|---|---|---|---|
| Rear-ended at red light | 0% | $100,000 | $100,000 | Clear liability, full recovery |
| T-bone crash, you had green light | 10% | $150,000 | $135,000 | Minor comparative fault for speed |
| Intersection crash, both ran yellow | 30% | $80,000 | $56,000 | Disputed liability, shared fault |
| Lane change collision | 50% | $120,000 | $60,000 | Equal fault, both failed to yield |
| Left turn across traffic | 70% | $90,000 | $27,000 | Mostly your fault but still recoverable |
| DUI crash, you were speeding | 20% | $200,000 | $160,000 | Other driver’s DUI doesn’t eliminate your fault |
The table illustrates why even small fault percentage shifts can significantly affect your recovery. A 10% shift in fault on a $150,000 case means $15,000 more or less in your pocket. Insurance companies know this and will argue for higher fault percentages to reduce what they have to pay.
Car Accident Evidence Checklist for Missouri
Collecting the right evidence at the right time can affect your car accident claim and impact compensation. We’ve created a free downloadable checklist that covers everything you need to document at the scene and in the days after your accident.
The checklist includes what photos to take, what information to gather from other drivers and witnesses, and time-sensitive steps like requesting surveillance footage before it’s deleted. Print it and keep it in your glove box, and you’ll be prepared if an accident happens. Download the Missouri Car Accident Evidence Checklist here and review our detailed guide on collecting evidence after a Missouri crash for further information.
FAQs
Should I admit fault at the scene of a car accident in Missouri?
No. Never admit fault or apologize at the crash scene. Even an innocent statement like “I didn’t see you” could land you in hot water, as an insurance company may use it against you. Stick to exchanging information and reporting facts to the police.
Are rear-end crashes always the following driver’s fault in Missouri?
Not always, though there’s a presumption that the rear driver is at fault. Missouri law recognizes certain exceptions, including when the lead driver stops suddenly without reason or reverses into traffic. But you’ll need strong evidence, such as dashcam footage and witness statements or even EDR data, to prove your rear-end accident case.
How do I get my Missouri crash report?
If you’re wondering how to get your Missouri crash report, simply request it through the investigating agency’s website or the Missouri State Highway Patrol’s online portal. You’ll need the crash date, location, and driver or case number. Review the report immediately for errors and submit corrections promptly.
Can I still recover damages if I was partially at fault?
Yes. Missouri’s pure comparative negligence rule lets you recover damages even if you were 99% at fault, but your recovery is reduced by your fault percentage. That means if you’re 50% at fault and your damages are $100,000, you can typically recover only $50,000.
How long do I have to file a car accident claim in Missouri?
Missouri’s statute of limitations gives you five years from the accident date to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120. However, if you’re filing against a government entity, you may have as little as 90 days to file a notice of claim. Missing these deadlines could bar you from recovering compensation.
Talk to a Missouri Car Accident Lawyer
Remember, insurance companies have attorneys and investigators working to minimize your claim from day one. You’ll need someone to level the playing field and fight for you with the same resources and expertise.
At Bradley Law, we’ve helped countless Missouri accident victims prove fault and recover full compensation even when liability was disputed. We know how to counter inflated fault percentages and negotiate settlements that reflect the true value of your claim and allow you to get your life back on track.
If you’ve been injured in a Missouri car accident and fault is unclear or disputed, don’t wait for the insurance company to decide your case. Contact us today for a free consultation, and we can discuss your legal options for getting what you deserve.