Ryan Bradley | August 15, 2025 | Car Accident \ Missouri Law
Key Takeaways:
- At Fault? You Could Still Recover Compensation. Missouri’s pure comparative fault system means you’re entitled to damages even if you share the blame for a crash. Don’t let an insurer convince you otherwise.
- Fault Percentages Cut Your Compensation. Your payout will be reduced by your share of fault for the collision. A 20% fault equals a 20% reduction in compensation. A fair fault assessment is critical to maximizing your recovery.
- Insurance Companies Shift Blame. Insurers often exaggerate your fault to lower their payout. Strong evidence and a skilled car accident lawyer are your best defense against these tactics.
Car accidents aren’t always clear-cut. In Missouri, figuring out fault can be a complex process, especially when multiple parties share responsibility. The good news is that even if you’re partly to blame for an accident, Missouri’s car accident laws allow you to pursue compensation for your injuries.
However, insurance companies may inflate your share of blame, hoping you’ll accept a lower settlement or walk away from your claim altogether. Don’t let that happen to you.
In this guide, you’ll learn how comparative negligence and fault affect compensation in Missouri and why having a skilled attorney is critical when fault is disputed. You’ll discover what evidence is essential, how insurers use fault to their advantage, and what steps to take after a crash to protect your rights and maximize your compensation.
What Is Comparative Negligence in Missouri Car Accident Cases?
Understanding fault after a car accident isn’t always as straightforward as a driver running a red light. In some cases, two or more drivers might share the blame, and there could be other contributing factors complicating a case. Missouri’s comparative negligence laws account for these complexities and ensure that fault (and financial responsibility) is shared fairly.
Negligence vs. Comparative Negligence
Under Missouri negligence laws, drivers must operate their vehicles with reasonable care. When a driver didn’t act with reasonable care, and that failure caused harm, they are typically negligent. For example, a driver who causes an accident due to speeding, texting, or drunk driving, is generally responsible for victims’ damages.
But what if both drivers made mistakes? Maybe one driver was speeding, and the other forgot to check their blind spot before switching lanes. That’s where Missouri’s comparative negligence law comes into play. It looks at the actions of everyone involved in the crash and designates the blame accordingly.
Why Does Missouri Use Comparative Fault?
Under Missouri Revised Statutes comparative negligence laws (Mo. Rev. Stat. § 537.765), the state follows a pure comparative fault system. Unlike some other states, where being even 1% at fault can bar you from recovering damages, Missouri allows injured parties to recover compensation even if they’re 99% at fault. But remember, the more responsibility you bear, the smaller your compensation will be.
The comparative fault system is meant to be fairer and reflect that accidents aren’t always black-and-white. It allows for the actions of all of those involved in the crash to be weighed, rather than punishing one party disproportionately.
Assigning Fault Percentages in Car Accidents
Understanding your Missouri fault percentages in a car accident is critical because even a small increase can significantly reduce your financial recovery. Under the Missouri shared fault law, each person involved in your accident may be awarded a degree of responsibility based on how they contributed to the crash.
For example, if someone rear-ends you but you had stopped suddenly without signaling, you might be assigned 30% of the fault, while the other driver holds 70%. These percentages directly impact how much money you can recover.
To recap: under Missouri’s comparative negligence law, your compensation is reduced by your percentage of fault. So, if your damages are $100,000 and you’re 30% at fault, you’d be able to collect only $70,000 (70% of your total damages). Having a skilled lawyer on your side can be crucial if you are at fault in an accident, because insurance companies may try to argue that your degree of fault should be greater to reduce what they have to pay out.
Missouri’s Pure Comparative Fault Rule
In personal injury claims, states generally follow one of three fault systems: contributory negligence, comparative negligence, or modified comparative negligence. This means that the same accident could lead to very different outcomes depending on which state’s fault rules apply. In some states, even a small percentage of fault could wipe out your right to recover damages entirely.
Missouri’s pure comparative fault system is more forgiving than the modified comparative negligence rules that exist in many other states. In Missouri, even if you’re mostly responsible for a car accident (70%, 80%, or even 99%), you’re still legally allowed to recover compensation. And while your compensation is reduced by your share of fault, you’re never barred from filing a claim.
Liability for Other Parties’ Damages
Comparative fault doesn’t just affect how much compensation you can collect, but it also determines how much you might owe to other parties involved. For instance, if you’re 20% at fault for a crash, your compensation will not only be reduced by 20% but you would also be responsible for 20% of the damages owed to other injured parties. That’s why defending your share of blame is so critically important.
| Fault System | Example States | Can You Recover If Partially at Fault? |
|---|---|---|
| Pure Comparative Fault | Missouri, California | ✅ Yes, even if 99% at fault (reduced by your % of fault) |
| Modified Comparative Fault (50%) | Colorado, Georgia | ❌ No, if you’re 50% or more at fault |
| Modified Comparative Fault (51%) | Florida, Texas | ❌ No, if you’re 51% or more at fault |
| Contributory Negligence | Alabama, Maryland | ❌ No recovery if you’re even 1% at fault |
How Fault Percentages Impact Compensation in Missouri Personal Injury Claims
When you’re dealing with a personal injury claim, the percentage of fault assigned to you can have a significant effect on how much money you take home. Let’s say you have $100,000 in damages, but the insurance company insists you’re 40% at fault. That would cut your recovery down to $60,000. But if you have an experienced attorney by your side and they can show that your fault was actually closer to 10%, that’s $90,000 in compensation instead (a $30,000 difference).
This is where a lot of settlement negotiations get stuck. Insurers will often push their luck during talks, hoping you’ll accept a smaller offer to avoid a long fight. However, if the case goes to trial, and your attorney can effectively argue your side of the story, a jury isn’t necessarily going to side with the insurance company. They’ll look at the evidence and make their own decision.
Insurers know this, which is why cases with strong evidence often settle for much more once they realize that you’re not afraid to fight in court for what you deserve. The closer you get to trial, the more leverage you gain, especially if you have a solid case that weakens their fault argument.
| Your Total Damages | Your % of Fault | Your Final Compensation |
|---|---|---|
| $100,000 | 10% | $90,000 |
| $100,000 | 30% | $70,000 |
| $100,000 | 60% | $40,000 |
| $100,000 | 90% | $10,000 |
Gathering Evidence to Establish Fault
Insurance companies will look for any detail they can use to shift blame onto you, so having the right evidence is key to avoiding getting shortchanged. Important types of evidence include:
- Police reports
- Accident scene photos and videos
- Dashcam or surveillance footage
- Medical records
- Eyewitness statements
Remember: the more concrete your evidence, the harder it becomes for insurers to twist the narrative in their favor.
Insurance Company Tactics in Shared Fault Cases
In Missouri’s comparative fault system, insurance companies managing to increase your share of blame pay less. This can lead to tactics like overemphasizing minor mistakes or using police reports to argue for a higher fault split.
For example, an insurer might highlight that you were distracted because your child was in the car, even if the other driver ran a stop sign and plowed into you. They may also home in on any ambiguous phrases in the police report, like “unclear right-of-way,” to push partial blame onto you. Having solid evidence and skilled legal representation are the best ways to counter these tactics and pursue maximum compensation.
The Role of Expert Witnesses in Missouri
In complex car accident cases, expert witnesses may be necessary to prove fault. Accident reconstruction professionals can analyze details like vehicle damage and skid patterns to recreate how your crash occurred. Expert witness reports are essential when fault is disputed.
Medical experts can also testify to connect your injuries directly to the accident, especially if the insurance company tries to argue that your injuries were pre-existing or less serious than you claim. When cases go to trial, expert testimony can tip the scales in your favor.
Common Scenarios Where Fault Is Shared in Missouri Accidents
Missouri’s comparative fault car accident system is designed to account for situations where multiple drivers (or even pedestrians and cyclists) bear some level of responsibility. These shared-fault scenarios are more common than you might think. Here are a few examples that occur in Missouri accident claims:
- Rear-End Collisions with Partial Fault. While the rear driver is often assumed to be at fault, sudden or unsafe stops by the lead driver can shift the blame to them. For example, a driver who slams on their brakes without signaling could share a percentage of fault for the collision.
- Multi-Vehicle Pile-Ups on Highways. In chain-reaction crashes on busy Missouri highways like I-70 or I-44, assigning fault becomes complex. While one driver’s inattention may have initiated the pile-up, others who were following too closely or speeding may also share in the liability. Fault percentages are often split among several parties in multi-vehicle cases.
- Distracted Driving vs. Speeding Cases. Accidents involving a distracted driver and another driver who was speeding show how fault can be shared. Even though distraction is a serious issue, excessive speed usually amplifies the severity of the crash. In these situations, both drivers may be assigned a share of the blame.
- Pedestrian or Bicyclist Accidents. In many situations, drivers must yield to pedestrians and cyclists. However, fault isn’t always 100% on the motorist. For example, if a pedestrian jaywalks or a cyclist ignores traffic signals, their negligent actions could reduce their compensation under Missouri’s comparative fault rules.
- Left-Turn Accidents at Intersections. When a driver makes a left turn across oncoming traffic, they typically must yield. However, if the oncoming driver was speeding or ran a red light, fault can be shared between both drivers.
- Parking Lot Accidents. Low-speed crashes in parking lots are a common setting for shared fault claims. For instance, if two cars are backing out of spots simultaneously and collide, both drivers may be partially responsible.
Understanding how Missouri’s comparative fault rules apply to real-world situations like these is important, as insurance companies often use the complexity of shared-fault accidents to get away with minimizing or even refusing payouts. Hiring an experienced attorney to protect your best interests is one of the most important steps you can take when you’re involved in a complicated crash.
Why You Need a Lawyer for Missouri Comparative Fault Cases
When fault is up for debate, insurance companies are quick to comb through every detail of your accident, and even your social media profiles, looking for ways to inflate your share of the blame or to minimize your injuries. Without strong legal representation, you could end up reducing your settlement far below what you truly deserve.
Countering Fault-Shifting Strategies by Insurers
After an accident, the insurance company will conduct its own investigation, but not to protect you. Their main goal is to find ways to reduce your payout.
One of the most critical things an attorney does is ensure that your side of the story is heard clearly and accurately. They don’t just accept the insurer’s version of fault. Insurance adjusters might focus on a momentary distraction or a minor traffic infraction to shift fault, but your attorney will look at the full picture, such as road design flaws, actions of other drivers, and even vehicle defects that may have contributed to the crash.
Without the pushback from a seasoned lawyer, fault percentages can be skewed heavily against you simply because the insurer takes control of how the facts are presented.
Maximizing Recovery Despite Partial Fault
Even if you do share some responsibility for an accident, you don’t have to settle for less than you deserve. A skilled attorney will fight tooth and nail to keep your assigned fault percentage as low as possible. They can negotiate aggressively with the insurance company, present compelling evidence, and file a lawsuit to let a jury decide the facts. Here’s how a St. Louis car accident lawyer can protect your financial recovery:
- Negotiating fair settlements that account for the full extent of your injuries and losses.
- Filing a lawsuit to challenge an unfair fault assessment.
- Using evidence to minimize the fault percentage assigned to you.
- Consulting expert witnesses who can provide bulletproof testimony to support your claim.
Bradley Law’s Track Record in Complex Fault Cases
At Bradley Law, we have extensive experience handling Missouri motor vehicle accident cases where fault is contested. Our attorneys know how insurers operate and how to dismantle their tactics through meticulous investigation and aggressive advocacy.
Whether in a disputed rear-end collision or a complex shared-fault scenario, we’ve successfully helped accident victims recover the compensation they deserve, even in cases where insurers tried to minimize payouts by blaming the victim.
Next Steps After a Missouri Car Accident
The moments after a collision can be chaotic and overwhelming, but what you do after an accident can significantly impact the outcome of your claim. Insurers will closely scrutinize every detail of the incident, which is why it’s important to take the right actions and build your case from the very beginning.
FAQs
Can I get sued in Missouri if I’m only partially at fault for an accident?
Yes. Under Missouri law, even if you’re only 10% at fault, you could still be responsible for paying that percentage of another party’s damages. That’s why hiring an attorney can be crucial to protect your rights and minimize your fault percentage.
Do Missouri accident claims involving out-of-state drivers follow Missouri fault laws?
Yes, if the accident occurs in Missouri, the state’s pure comparative fault rules apply. This is true even if one or more drivers are from out of state. The location of the crash determines the fault laws that apply.
How do multi-car pile-ups on highways like I-70 affect fault percentages?
In pile-ups involving several vehicles, fault can be divided among the drivers based on factors like following distance and initial cause. Missouri’s shared fault law allows for fault to be shared proportionally among all involved, regardless of the type of accident.
Will the police officer’s opinion decide who’s at fault?
Not entirely. Missouri police reports are useful but not final. Insurance companies and courts will consider other important evidence, like witness statements and expert analyses, when assigning fault.
Can weather conditions, like icy roads in Missouri winters, impact how fault is assigned?
Yes, bad weather is considered a “contributing factor.” However, drivers are expected to adjust their driving style and speed to road and weather conditions, meaning partial fault can still be assigned regardless of the weather.
Should I accept a settlement if the insurance company says I’m mostly at fault?
It’s never a good idea to accept a settlement without first consulting an attorney, especially if you have significant injuries and financial losses. Insurance companies may exaggerate fault percentages to reduce payouts. A car accident lawyer levels the playing field and aims to negotiate a fairer settlement.
What happens if both drivers have dashcams with conflicting footage?
Both videos will be reviewed as part of the evidence. In cases like these, an attorney can bring in accident reconstruction experts to analyze the footage and provide an objective interpretation of what really happened.
What evidence is most effective in reducing my degree of fault?
It’s best to have several types of compelling evidence, including photos or videos of the accident scene, dashcam footage, and police reports. Witness statements can also be essential to support your version of events. In disputed cases, accident reconstruction experts can provide professional analysis.
Don’t Let Shared Fault Cost You – Talk to Bradley Law Now
If you’ve been in a car accident and are worried that sharing some of the blame means you’ll walk away with nothing, you need to talk to us. Missouri’s car accident laws are designed to protect your right to compensation, but insurance companies will do everything they can to cheat you out of your claim.
Our experienced team knows how to challenge inflated fault claims and fight for the settlement you truly deserve. We offer free, no-obligation consultations and work on a contingency fee basis, meaning you don’t pay a dime unless we win your case.
Don’t settle for less just because an insurer says you should. Contact us today to get your fight for justice started with a free case review.