When an accident happens, the question of who’s to blame shortly follows, especially in a personal injury settlement.
But even if you’re partly at fault in a car accident or similar incident in Missouri, that doesn’t prevent you from claiming compensation.
That’s because Missouri follows the comparative fault rule, a legal principle that lets you pursue injury compensation even in cases of shared liability.
Different states apply comparative fault in different ways.
While some states limit recovery when you reach a certain fault percentage, comparative law in Missouri is more flexible.
This can make a meaningful difference in the outcome of your personal injury claim.
If you’ve been in an accident, speaking to an experienced Missouri personal injury attorney can help you better understand your position.
Get in touch with Phalen Law today to arrange your free consultation.
Missouri’s pure comparative fault rule
Fault in different states
A handful of states bar you from recovering damages if you’re even 1% at fault.
But most follow a modified comparative fault rule that lets you claim compensation up to a certain threshold of fault.
In some states, like Kansas, you must be less than 50% at fault. In others, you must not be over 51% at fault—a small but crucial difference.
Missouri, however, is one of 12 states that follow a pure comparative fault rule (also called comparative negligence).
What is pure comparative fault?
Even if you’re largely responsible for an accident, you might still be able to claim compensation.
In fact, you can recover damages even if you were 99% at fault.
But in a shared fault lawsuit, the amount you receive is reduced by your percentage of the responsibility.
Fault determination can make a big difference, as it allows recovery even in cases where the fault is shared heavily by multiple parties.
An example of pure comparative fault in a Missouri injury claim
Imagine a jury awards you $100,000 in damages after a car accident.
If it were a partial fault accident and you were 30% responsible, your compensation would be reduced by that percentage.
So under Missouri personal injury law, you’d be awarded $70,000.
Keep reading: Missouri personal injury fact sheet: What you need to know
How fault is determined in a Missouri personal injury lawsuit
The evidence used to assign fault
Determining accident liability starts with a detailed review of the evidence to paint a clear picture of what really happened.
There are 5 common types of evidence you need to know about:
- Police reports often provide the first official account of the incident. They might include the officer’s observations, citations issued, photos of the scene, and even preliminary opinions about fault
- Witness statements can be crucial if the parties involved give conflicting versions of events. Independent bystanders might notice details that drivers overlook or dispute, such as one driver running a red light
- Video footage offers some of the most persuasive evidence because it shows the accident as it happened. That’s why every driver should have a dash cam, especially since Missouri is an at-fault state for car accidents
- Photographs taken by the police, the parties involved, or passersby can reveal key details like skid marks, vehicle damage, road conditions, or weather patterns. These visual clues from the time of the crash often help experts reconstruct the sequence of events
- Expert testimony is often used in more complex cases. For example, an engineer might analyze the angle of impact to determine speed, while a doctor can explain how an injury confirms the events of the crash
This evidence creates the foundation for assigning percentages of fault under Missouri comparative negligence laws.
The role of insurance companies and the court in determining fault percentages
Insurance companies usually investigate and propose the distribution of fault.
Adjusters interview witnesses, review reports, and examine physical evidence to decide how much responsibility their policyholder bears.
But insurers have a clear incentive to minimize payouts. So the defendant’s insurer will often try to shift a greater share of the blame onto you.
If an insurance dispute can’t be resolved through settlement, the matter escalates to the courts.
At trial, a judge or jury examines all available evidence and determines official percentages of fault.
It’s recommended that you seek legal advice from a Missouri personal injury lawyer as soon as possible if you decide to make a claim.
Experienced legal support can help you demonstrate that you had minimal responsibility for causing the accident. That way, you can maximize the amount of compensation you receive.
Why fault percentages can be contested
Comparative fault in Missouri reduces compensation in direct proportion to the injured party’s share of the responsibility. So fault percentages are often hotly debated.
Even a seemingly small difference in fault can have a large financial effect.
For example, in a $100,000 case, being assigned 30% fault rather than 20% fault cuts your recovery by $10,000.
Insurance companies often use the Missouri negligence law to argue that you contributed more to the accident than you did. They might say you were distracted or speeding, or even failed to follow proper safety measures.
Unclear evidence, like contradictory witness statements or partial video footage, can further complicate your claim.
And unless you can prove a certain degree of fault, the battle over percentages often dictates whether your case is settled through negotiation or in court.
Your attorney challenges these arguments by highlighting stronger evidence of the defendant’s negligence.
This not only helps you recover more in damages, but can even help you avoid a long and difficult legal struggle.
Common scenarios where comparative fault applies
Car accidents with unclear liability
There are often multiple factors that contribute to a car accident. This can make it difficult to assign fault.
For example, one driver might have run a red light while the other was speeding. Or both might have been distracted at the time of the crash.
In these situations, a court or insurance company might assign each driver a percentage of the blame.
Missouri comparative fault means both parties can still recover damages, but their recovery is reduced by their degree of responsibility.
Strong documentation, such as photos, dash cam footage, and witness accounts, can shift the balance and keep you from being blamed too harshly.
Slip-and-fall cases where warnings were ignored
Property owners have a duty to maintain safe premises. But you also have a duty to act responsibly.
Let’s say you slip and fall in a grocery store aisle where a ‘Wet Floor’ sign was posted. The court might determine you share part of the blame for ignoring this warning.
But then again, perhaps not.
That’s because these cases often come down to whether the warning was reasonable and effective, not just whether it existed.
As such, you can still recover damages if you can prove the store owner didn’t take enough steps to protect you, even if you weren’t being cautious.
Workplace incidents with shared safety failures
In workplaces where both management and employees cut corners on safety, accidents can be complex.
For example, your employer might be responsible for failing to maintain equipment that then breaks and injures you. But if you weren’t wearing the safety gear you should have, both actions have contributed to your injury.
The key issue in these cases isn’t just fault. It’s also about how systemic safety culture (or lack thereof) plays into the injury.
Demonstrating that your employer had broader responsibility can reduce your fault share and increase the compensation you can claim.
Depending on what happened, you might stand to gain more compensation by filing a workers’ compensation lawsuit rather than a personal injury.
Phalen Law specializes in both personal injury and workers’ comp. So we can help you choose the right path to maximize your compensation.
Keep reading: Complete checklist for filing a personal injury lawsuit in Missouri
How comparative fault affects your settlement or lawsuit
Insurance negotiation tactics when shared fault is involved
Comparative fault exists to ensure each party gets their fair share of compensation.
But insurance companies often use it as a tool to reduce payouts.
Adjusters might argue that you bear more responsibility for the accident than you really do. After all, every percentage of fault assigned to you lowers the amount they owe.
These tactics are common during settlement negotiations. And unless you have knowledgeable legal counsel, it’s easy to give in under pressure and accept less than you deserve.
Hiring a trusted personal injury attorney protects you against these kinds of malicious tactics. And even after fees are paid, you likely stand to gain significantly more money than you would have otherwise.
Importance of presenting clear evidence to reduce your fault share
Your percentage of fault directly impacts the value of your claim. So, clear evidence that demonstrates the defendant’s responsibility is crucial.
Police reports, photos, video footage, and expert testimonies can all prove your innocence in causing the accident. The more persuasive your evidence, the harder it is for insurers or defense attorneys to inflate your fault percentage.
Your experienced Phalen Law personal injury attorney knows what types of evidence to gather to strengthen your case and how to get it. And we do it all on your behalf.
With our support, you can build a strong case for compensation even while you focus on rest and recovery.
How a personal injury attorney protects your compensation
At Phalen Law, we have over 50 years of experience in winning personal injury lawsuits for people like you throughout Missouri.
We have an intimate understanding of how comparative fault works in Missouri, as well as the tactics insurance companies use to inflate your fault percentage. So we can build an ironclad defense supported by key evidence and expert witnesses to protect your compensation.
Your Phalen Law attorney will also handle negotiations, ensuring you don’t get pressured into accepting less than you deserve.
By keeping your fault share as low as possible, we help maximize the compensation you receive for your injuries and losses.
When to hire a Missouri personal injury lawyer
Cases where fault is disputed or unclear
In many personal injury cases, parties involved tell different stories about what happened.
Insurance companies seize on any uncertainty to argue that you were more responsible for the accident than you actually were.
Because comparative fault in Missouri reduces your recovery in proportion to your share of fault, even a small shift can have a major financial impact.
We investigate the situation thoroughly, gathering witness statements, obtaining photo and video evidence, and consulting experts to strengthen your case and ensure fault is assigned fairly.
Complex claims involving multiple parties or insurers
Accidents involving multiple vehicles, business owners, or property managers often create tangled claims with several insurance companies involved.
Each insurer will try to deflect responsibility onto someone else—worst of all, onto you.
Your trusted Phalen Law personal injury attorney knows how to navigate these overlapping claims in a way that protects you against excessive blame.
We can also identify all sources of compensation, increasing your potential injury payout.
Serious or long-term injuries
The cost of medical treatment for severe injuries like broken bones, spinal damage, or traumatic brain injuries can extend years into the future.
But insurance companies often push for quick settlements that don’t account for future surgeries, rehabilitation, or lost earning capacity.
Your lawyer can work with medical experts and financial professionals to project the true long-term cost of your injuries.
That way, we ensure your compensation reflects not only your current medical bills but also your future care needs.
Defend against fault accusations with Phalen Law
Missouri’s pure comparative fault rule means you’re not automatically barred from receiving compensation if an accident was partly your fault.
Instead, the amount you can recover depends on your proportion of responsibility.
But in order to get the greatest compensation possible, you need to prove that your percentage of fault was minimal.
That’s tough to do without proper evidence and a well-structured defense—especially when the defendant’s insurance company is pulling out all the stops to put the blame on you.
That’s why injured parties throughout Kansas and Missouri turn to Phalen Law.
Our extensive experience and detailed knowledge of personal injury law mean we can build a powerful case for compensation. And we’re more than prepared to fight back against malicious tactics that make it look like the accident was all your fault.
With Phalen Law by your side, you can get the compensation you deserve for your injuries and make the best possible recovery without unnecessary stress.
Call now toll-free or fill out our Free Case Evaluation form online to start your journey to fair compensation today.