Understanding Comparative Fault in Vehicular Accident Cases
Quick answer: Missouri uses a “pure comparative fault” system. This means you can recover compensation after a car accident even if you were partly to blame. Your payout is simply reduced by your percentage of fault — so even a driver who is 99% at fault can still recover 1% of their damages.
If you’ve been hurt in a car crash in Missouri, you might assume that being partly at fault bars you from any recovery. That’s not the case. Missouri law lets injured drivers collect compensation even when they share some of the blame.
Understanding how comparative fault works can make a real difference in what you walk away with. In vehicular accident cases, a few percentage points can mean thousands of dollars. Labovitz Law Firm breaks down Missouri’s pure comparative fault rule, walks through a real-world example, and explains why fault allocation matters so much during settlement talks.
What Is Pure Comparative Fault?
Pure comparative fault is a legal rule that assigns a percentage of blame to each party in an accident. Your compensation is then reduced by your share of that blame.
Missouri follows this system, which is codified under Missouri Revised Statutes Section 537.765. Unlike states that bar recovery once you cross a certain fault threshold, Missouri places no cap. You can recover damages even if you were 99% responsible for the crash — though your award would shrink to just 1% of your total damages.
This makes Missouri one of the more plaintiff-friendly states for comparative fault. The rule recognizes that most accidents involve some shared responsibility, and it tries to divide compensation accordingly.
How the Pure Comparative Fault Rule Works
Under Missouri’s system, the court or the insurance adjusters assign a percentage of blame to each driver involved in the crash. From there, the math is straightforward.
Here’s how the process plays out:
- Determine the total value of your damages. This includes medical bills, lost wages, vehicle repair costs, and pain and suffering.
- Assign a percentage of fault to each driver. A jury, judge, or adjuster decides who was responsible and by how much.
- Reduce your final payout by your percentage of fault. Your recovery drops in direct proportion to your share of the blame.
The key takeaway: your fault percentage directly controls your final compensation. The lower your share of blame, the more you recover.
A Real-World Example
Picture an intersection collision. The other driver ran a red light, but you were speeding when the crash happened.
- A jury finds the other driver 70% at fault for running the light.
- The jury finds you 30% at fault for speeding.
- Your total damages are calculated at $20,000.
Because you were 30% at fault, your payout is reduced by 30%, or $6,000. You recover $14,000.
This example shows why every percentage point counts. If the jury had assigned you 40% of the blame instead of 30%, your recovery would have dropped to $12,000—a $2,000 swing from a single change in fault allocation.
Why This Matters in Settlement Negotiations
Fault percentages aren’t just academic. They shape how much an insurance company has to pay.
Insurance adjusters often try to inflate your share of the blame. The more responsibility they can pin on you, the less they are legally obligated to pay. Even a modest increase in your assigned fault can save the insurer thousands of dollars — money that comes straight out of your pocket.
That’s why preserving evidence is so important in vehicular accident cases. Strong evidence helps ensure the fault allocation reflects what actually happened. Key forms of evidence include:
- Traffic camera footage
- Dashcam recordings
- Witness statements
- The Official Missouri Crash Report
The sooner you gather and protect this evidence, the harder it is for an adjuster to shift blame onto you.
Protect Your Right to Fair Compensation
Missouri’s pure comparative fault rule gives injured drivers a path to recovery even when they share some of the blame. But that same rule gives insurance companies an incentive to overstate your fault. The difference between a fair settlement and a lowball offer often comes down to how well your case is documented and argued.
If you’ve been injured in a car accident in Missouri, don’t let an insurance adjuster decide your share of the blame. Contact Labovitz Law Firm today. Our team can help you preserve evidence, challenge unfair fault assessments, and fight for the full compensation you deserve.
Frequently Asked Questions
Can I Still Recover Damages If I Was Mostly at Fault in Missouri?
Yes. Missouri’s pure comparative fault system lets you recover compensation even if you were up to 99% at fault. Your award is reduced by your percentage of blame, so a driver who is 99% responsible can still recover 1% of their total damages.
What Law Governs Comparative Fault in Missouri?
Comparative fault in Missouri is codified under Missouri Revised Statutes Section 537.765. This statute establishes how fault is assigned and how it reduces a plaintiff’s recovery.
How Is My Compensation Calculated Under Comparative Fault?
First, the total value of your damages is determined—including medical bills, lost wages, vehicle repairs, and pain and suffering. Next, a percentage of fault is assigned to each driver. Finally, your payout is reduced by your fault percentage. For example, 30% fault on $20,000 in damages leaves you with $14,000.
Why Do Insurance Adjusters Argue Over Fault Percentages?
Because fault directly controls the payout. The more blame an adjuster assigns to you, the less the insurer has to pay. Inflating your fault percentage is a common tactic to reduce settlement amounts in vehicular accident cases.
What Evidence Helps Prove Fault After a Car Accident?
Useful evidence includes traffic camera footage, dashcam recordings, witness statements, and the Official Missouri Crash Report. Preserving this evidence early helps ensure fault is allocated accurately.
