It is one of the most common fears I hear from car accident victims during initial consultations: "I was partly to blame — does that mean I can't recover anything?"
In Missouri, the answer is almost always no — you do not lose your right to compensation just because you shared some responsibility for the accident. But how much you can recover depends heavily on what actually happened and how your attorney presents your case. Let me explain how this works.
Missouri Uses Pure Comparative Fault
Missouri follows a pure comparative fault system. This is defined in RSMo 537.765, and it means one thing clearly: you can recover compensation for your injuries even if you were partially at fault for the accident.
Your recovery is simply reduced by the percentage of fault assigned to you. You could be 10% responsible or even 90% responsible — under Missouri's pure comparative fault system, you still get something, as long as you are not 100% at fault.
Example: A 30% Fault Scenario
If the other driver rear-ended you at a red light, but you were also found to have been driving 5 mph over the speed limit, you might be assigned 20% fault. If your total damages are $100,000, your recovery would be $80,000 — 80% of your damages, reduced by your 20% share of fault.
This matters enormously in practice. Insurance companies know Missouri is a pure comparative fault state, and they exploit this by assigning high percentages of fault to accident victims even when the evidence does not support it. Your attorney's job is to push back on those assignments and keep your recovery as large as possible.
How Fault Is Assigned in Practice
Fault assignment is not a simple calculation — it is a contested negotiation that happens between attorneys, insurance companies, and sometimes judges and juries. Here is how it typically works:
The Insurance Company's Initial Assessment
When you file a claim, the insurance adjuster will conduct their own investigation. They will review the police report, look at the damage to both vehicles, interview witnesses, and consult with their own attorneys and accident reconstruction experts. Then they will assign a percentage of fault to each party involved.
Here is the critical part: the insurance company's initial assignment is not final. It is a starting position designed to minimize what they pay. If their assignment of fault to you is higher than the evidence supports, your attorney challenges it — with evidence, expert opinions, and legal arguments about what Missouri law actually requires.
What Facts Influence Fault Assignment
Fault is not assigned arbitrarily. It is based on specific facts about what happened:
- Traffic law violations — who broke what law? Running a red light, failing to signal, speeding, following too closely — all of these factor into fault determination.
- Position of vehicles — where were the vehicles at the moment of impact? Who had the right of way? Who was in which lane?
- Driver behavior — was anyone distracted, drowsy, or under the influence? Did anyone take evasive action before impact?
- Road and weather conditions — poor road conditions, visibility issues, or other environmental factors can influence how fault is divided.
- Contributory actions — did the plaintiff do anything that contributed to the accident? Being slightly over the speed limit, not wearing a seatbelt (which can affect injury severity), or failing to take an obvious evasive action can all affect fault percentage.
The Defense's Two Main Arguments in Comparative Fault Cases
When a defendant attempts to reduce their fault — and your recovery — they typically make two arguments:
1. The Plaintiff Was More at Fault Than the Evidence Shows
Defense attorneys will comb through every detail looking for reasons to assign more fault to you. They will argue about speed, about your exact position on the road, about what you could or should have done differently. This is why accident reconstruction experts — who can analyze physical evidence to determine what happened — are so valuable in contested fault cases.
2. The Plaintiff's Injuries Were Aggravated by Their Own Conduct
Even after the accident is settled on liability, the defendant may argue that your damages should be reduced because your own conduct worsened your injuries. For example: if you did not wear a seatbelt and suffered more severe injuries as a result, Missouri law allows the jury to consider this when calculating your damages. The argument is not that you caused the accident — only that your injuries were made worse by your own choices.
Under Missouri law, failing to wear a seatbelt can be used to reduce your compensation — but only if it is proven that the seatbelt would have prevented or reduced your injuries. This is a factual argument, not a guaranteed reduction. Your attorney will challenge any attempt to use this against you if the evidence does not support it.
Missouri vs. Other States — Why Pure Comparative Fault Matters
Missouri's pure comparative fault system is more plaintiff-friendly than the systems used in many other states. Understanding this helps you see why your case matters:
- Some states use modified comparative fault — in those states, if you are more than 50% (or sometimes 51%) at fault, you recover nothing. Missouri does not have this limitation.
- Some states use contributory negligence — in a handful of states (primarily on the East Coast), if you are even slightly at fault, you recover nothing at all. Missouri rejected this approach long ago.
- Missouri's pure system means even a partially at-fault victim can still recover — which is why these cases still have real value even when fault is contested.
This means that even in cases where liability is genuinely disputed — where you might be assigned 30 or even 40% of fault — you still have a significant recovery available. The fight is worth having.
Why You Need an Attorney in Comparative Fault Cases
Comparative fault is not a technical detail that resolves on its own. It is one of the most heavily contested elements of any Missouri car accident case, and the insurance company's goal is always to assign you as much fault as possible.
Here is what an experienced Missouri car accident attorney does in a comparative fault case:
- Gather evidence that minimizes your percentage of fault — accident reconstruction, surveillance footage, physical evidence from the scene, expert testimony.
- Challenge the insurance company's fault analysis — every percentage point of fault assigned to you reduces your recovery. Your attorney fights for every point.
- Present your damages fully — even if some fault is attributed to you, the full extent of your damages needs to be presented — medical bills, lost wages, pain and suffering, future care needs. The more complete your damages picture, the more you recover even after the comparative fault reduction.
- Negotiate from a position of strength — insurance companies take comparative fault cases more seriously when they know a skilled attorney is fighting for the victim's interests. They know a jury will hear the case if settlement is not reached, and they adjust their offers accordingly.
Real World Example: How Fault Split Affects Settlement
Consider a rear-end collision case where you suffered a herniated disc requiring surgery. Your documented damages — medical expenses, lost wages, pain and suffering — total $200,000. The other driver was clearly tailgating and failed to stop in time. But they argue you were also slightly speeding.
If the fault ends up being 85% the other driver, 15% you, your recovery is $170,000. If the fault ends up being 70% the other driver, 30% you, your recovery drops to $140,000. That 15-point difference in fault assignment costs you $30,000 — and the insurance company's initial offer might have assumed an even higher fault percentage for you, trying to push the recovery down to $100,000 or less.
Your attorney fights for the most favorable fault split, and negotiates from that position. That is why comparative fault cases require experienced counsel.
What If the Other Side Is Mostly at Fault?
Sometimes fault assignment works entirely in your favor. If the other driver ran a red light, was driving while intoxicated, or was doing something clearly and unambiguously negligent, they may be assigned 80%, 90%, or even 100% of fault. In those situations, your recovery is nearly full — minus your own small percentage if any exists.
Even when the facts clearly favor you, the other side will still try to assign some fault to you. Your attorney pushes back and protects your full recovery.
The Bottom Line on Missouri Comparative Fault
If you were in a car accident in Missouri and think you might have been partly at fault, do not assume you have no case. Missouri's pure comparative fault system is specifically designed to allow partial recovery. The question is not whether you can recover — it is how much of your damages you can recover.
The only way to know for certain how your specific case will be affected by comparative fault is to have an attorney review the actual evidence. Call (573) 227-8841 for a free, no-obligation consultation. We will tell you honestly how comparative fault affects your case and what your realistic recovery looks like.
If you have been in a car accident in Missouri and are concerned about how comparative fault might affect your claim, we can help. Call (573) 227-8841 for a free consultation. We work on a contingency fee basis — we only get paid if we win or settle your case.