Fault is not just a matter of principle after a car accident in Missouri. It determines who you can hold legally responsible for your injuries and how much compensation you can recover from them.
Missouri’s pure comparative negligence rule says that if you are partially or even mostly responsible for the crash, you can still recover compensation from other at-fault parties. However, the amount of compensation you can get decreases based on your share of the fault. That means the other side has a financial incentive to pin as much blame on you as possible, since doing so can minimize what they owe.
Fault-related disputes in car crash cases get complicated fast, and responding to them in the wrong way could mean walking away with far less than you are owed. The Missouri car accident attorneys at Sumner Law Group, LLC, want to help you push back against unfair accusations of fault and demand the recovery you deserve.
Contact us today for a free consultation to learn more about what our team can do for you.
How Does Missouri Law Determine Fault After a Car Accident?
Missouri is an at-fault state for car accidents, which means the driver or other party responsible for causing the accident is financially liable for any resulting injuries and related losses.
Attorneys, insurance companies, and ultimately the courts establish fault in accident cases by looking at the evidence surrounding the crash. Factors that commonly inform fault determinations often include:
- Witness statements from people who saw the crash
- Photos and video footage from traffic, dashboard, or surveillance cameras
- Physical evidence from the scene, such as skid marks and vehicle damage
- Applicable traffic laws, such as right-of-way rules and speed limits
- Cell phone records and other evidence of driver behavior just before impact
Fault can rest entirely with one party or with multiple parties. In some cases, parties not directly involved in the collision, such as vehicle manufacturers or highway maintenance contractors, may also bear responsibility. Our lawyers can gather and preserve evidence to identify all at-fault parties and hold them accountable.
Can I Still Recover Damages If I Am Partially at Fault in Missouri?
Yes. Missouri’s pure comparative fault system allows you to recover compensation even if you were partly responsible for the accident. If a court determines you are partially at fault, it will simply reduce your total damages award based on your percentage of fault. For example, if the court finds you 30 percent at fault, it will reduce your payout by 30 percent.
Some states use modified comparative fault systems that bar recovery entirely if you exceed a certain fault percentage threshold, often 50 or 51 percent. Missouri imposes no such cutoff. Even if you’re found 90 percent at fault, you still have the right to recover the remaining 10 percent of your awarded damages from the other at-fault parties.
The practical implication is that there is almost always a path to some recovery, even in cases involving shared fault for car accidents in Missouri. That said, the higher your assigned percentage of fault, the lower your recovery will be. That is why the distribution of fault matters so much, and why strong legal representation can make such a big difference in your car accident case.
What Does Missouri Law Say About Comparative Fault?
Missouri adopted the doctrine of pure comparative fault in 1983, when the Missouri Supreme Court decided Gustafson v. Benda. Before that ruling, Missouri car accident liability rules followed a pure contributory negligence doctrine that could bar you from recovering anything if you bore any fault at all.
Gustafson eliminated that all-or-nothing framework and replaced it with a system designed to divide responsibility fairly across all parties involved. The Missouri comparative fault law applies to virtually all personal injury claims in Missouri, including car accident cases.
In 1987, Missouri Revised Statute 537.765 extended the pure comparative fault doctrine to products liability claims specifically, which can be relevant in car accident cases involving defective auto parts. If, for example, a faulty airbag, defective brakes, or a tire that failed due to a manufacturing flaw contributed to the crash that injured you, the vehicle or parts manufacturer may share fault. If so, an attorney can draft your compensation claim to reflect their portion of the blame.
How Do Insurance Companies Assign Fault in Missouri Claims?
After a car accident, the at-fault driver’s insurance company will open a claim and assign an adjuster to investigate. The adjuster’s job is to determine how much fault to assign to each party, but they will have another goal, too, which is to minimize the insurer’s financial exposure in the process.
Adjusters typically review evidence like crash reports, medical records, photos, and any available video footage when determining fault. They may also contact you directly to request a recorded statement. If that happens to you, be aware that the request is not a friendly check-in, even if they frame it that way.
They are trained to ask questions that get you to respond in ways that can be used to increase your apparent share of fault and reduce what the insurer has to pay. You should always be cautious about speaking to adjusters and should never agree to give a statement unless you have a lawyer present.
Why You Need Legal Representation to Fight Unfair Attempts to Shift Blame
Every percentage point of fault attributed to you after an accident reduces the amount of money you can recover. An attorney’s role is to build the strongest possible case for the lowest fault assignment on your end. That requires gathering and preserving evidence before it disappears, working with experts if liability is in dispute, countering the insurer’s narrative with documented facts, and negotiating from a position of strength.
Missouri insurers know that the team at Sumner Law Group, LLC, does not settle auto accident cases for less than our clients are due. Our track record of multi-million-dollar verdicts and settlements means insurance adjusters take our cases seriously at the negotiating table. We intentionally limit our caseload so we have the time to dig deeply into the facts and devote focused attention to every claim. Our attorneys work on contingency, which means you will not pay us anything unless we win money for you.
Talk to Our Missouri Car Accident Attorneys About Your Case for Free
If someone is trying to shift the blame onto you after a Missouri car accident, do not try to face them alone. Contact Sumner Law Group, LLC, today to arrange a free consultation with our car accident lawyers. We’ll evaluate your case, explain your options, and fight to protect your right to full compensation in a personal injury lawsuit.
