When an accident happens, it’s common to replay the event and wonder, “Was this partly my fault?”
Maybe you were distracted for a second, or perhaps you could have reacted differently. But under Missouri law, that doesn’t necessarily mean you lose your right to compensation.
In fact, Missouri’s “pure comparative fault” system allows injured people to recover damages even if they share part of the blame.
Understanding Comparative Fault in Missouri
Missouri follows what’s called a pure comparative fault rule. This means that if a jury finds that more than one party was responsible for an accident, each person’s compensation is reduced according to their percentage of fault.
For example:
- If your total damages are $100,000 but you’re found 20% at fault, your recovery would be $80,000.
- Even if you were 70% at fault, you could still recover 30% of your damages from the other party.
This is different from some other states that completely bar recovery if you’re more than 50% responsible.
Why Fault Isn’t Always Clear
In the aftermath of an accident, it’s easy to make assumptions about who caused it — but fault is rarely straightforward.
Insurance companies may rush to assign blame to limit payouts, but they don’t have the final say. Evidence like police reports, witness statements, and expert testimony often reveal a more balanced picture.
That’s why it’s important to avoid admitting fault at the scene and to speak with an attorney before talking to insurance adjusters. A skilled personal injury lawyer can gather evidence, reconstruct events, and ensure your side of the story is fully represented.
Examples of Partial Fault in Missouri Accidents
Here are a few common situations where comparative fault comes into play:
- A driver runs a red light, but the other driver was speeding.
- A pedestrian crosses outside a crosswalk, but a driver was distracted.
- A customer slips on a wet floor but was looking at their phone.
In each of these cases, both parties may share some blame — yet the injured person could still recover a meaningful settlement or verdict.
How Comparative Fault Affects Settlements
Insurance companies use comparative fault to justify lower settlement offers. They may argue that your actions contributed to your injuries to reduce what they pay.
That’s why having legal representation can make a major difference. Your attorney can:
- Challenge unfair fault assignments,
- Present evidence supporting your claim, and
- Negotiate for the full amount you’re entitled to under Missouri law.
Even if you think you made a mistake, you might be surprised how much compensation you can still recover for medical bills, lost wages, pain and suffering, and more.
The Bottom Line
Being partly at fault does not disqualify you from filing a personal injury claim in Missouri.
Under the state’s pure comparative fault rule, every party’s responsibility is weighed fairly — and you can still pursue financial recovery for the portion that wasn’t your fault.
Don’t let uncertainty about blame stop you from getting help. The best next step is to speak with a knowledgeable personal injury attorney who can assess your case and protect your rights from the start.
Contact Rogers Sevastianos & Bante
If you’ve been injured in Missouri — even if you believe you may share some responsibility — our experienced team at Rogers Sevastianos & Bante, LLP can help you understand your legal options and pursue the compensation you deserve.
Contact us today to schedule a consultation and discuss your case.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.