If you’ve been hurt in a car or truck accident in Central Missouri, you may wonder: “Can I still get compensation if I was partly at fault?” The answer is yes, thanks to Missouri’s comparative fault law. At Price & Randle Injury Attorneys, we want you to understand how this important rule works, how it can affect your claim, and what you can do to protect your rights. Knowing the ins and outs of comparative fault in Missouri personal injury cases can make a big difference in your recovery and your financial future.
What Is Comparative Fault?
Comparative fault is a legal rule that decides how much each person involved in an accident is responsible for the damages. In Missouri, even if you share some blame for an accident, you can still recover damages. However, the amount you receive will be reduced by your percentage of fault.
For example, if you were 20% at fault for a crash and your damages total $100,000, you could still recover $80,000. This rule applies to car accidents, truck accidents, slip and falls, and many other types of personal injury cases.
How Does Comparative Fault Work in Missouri?
Missouri follows a “pure comparative fault” system. This means you can recover damages even if you are 99% at fault for your own injuries. Your recovery is simply reduced by your share of the blame.
Here’s how it works in practice:
- The insurance company or court will review the evidence and assign a percentage of fault to each party.
- Your compensation will be reduced by your percentage of fault.
- If you are found 50% responsible, you’ll only receive half of your total damages.
This system is designed to be fair. It recognizes that accidents are rarely 100% one person’s fault.
Who Decides Fault in a Personal Injury Case?
Fault is usually decided by insurance adjusters during the claims process. If your case goes to court, a judge or jury will decide. They’ll look at all the evidence, including:
- Police reports
- Witness statements
- Photos and videos from the accident scene
- Medical records
- Expert opinions (like accident reconstruction specialists)
Sometimes, both sides agree on the percentages. Other times, there’s a dispute, and the case may go to court.
Examples of Comparative Fault in Real Missouri Accidents
Let’s look at a few examples that might sound familiar to Central Missouri drivers:
Example 1: Rear-End Collision
You stop suddenly for a deer on Highway 54. The driver behind you is texting and rear-ends your car. The insurance company finds you 10% at fault for not signaling, and the other driver 90% at fault for distracted driving. If your damages are $20,000, you’d recover $18,000.
Example 2: Truck Accident
A semi-truck changes lanes without checking its blind spot and hits your car. But you were speeding at the time. The court finds the truck driver 70% at fault and you 30% at fault. If your damages are $100,000, you’d receive $70,000.
Example 3: Intersection Crash
You run a yellow light, and another driver runs a red light and hits you. You’re both found to share blame. If you’re 40% at fault, your damages will be reduced by that amount.
Why Comparative Fault Matters for Your Injury Claim
Comparative fault can have a big impact on your settlement or verdict. Insurance companies often use it to minimize how much they pay. They may try to argue that you were more at fault than you really were. That’s why it’s important to have an experienced attorney on your side.
At Price & Randle Injury Attorneys, we know how to gather evidence, challenge unfair fault assignments, and fight for the full compensation you deserve. We handle all types of personal injury cases, including truck accidents and car crashes.
How Missouri’s Comparative Fault Law Developed
Missouri’s comparative fault law replaced the old “contributory negligence” system in 1983. Under the old rule, if you were even 1% at fault, you couldn’t recover anything. This was unfair to many injury victims. Now, Missouri’s pure comparative fault rule allows people to recover damages even if they are mostly at fault, as long as someone else also shares responsibility.
This change made Missouri law fairer and flexible. It also means that every case is unique, and the outcome depends on the facts.
Types of Cases Affected by Comparative Fault
Comparative fault isn’t just for car accidents. It applies to many types of personal injury cases in Missouri, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall injuries
- Dog bites
- Product liability claims
- Workplace injuries (in some cases)
No matter how you were hurt, if there’s a question about who was at fault, comparative fault will likely play a role in your case.
How Fault Is Determined in Missouri
Determining fault is one of the most important—and most contested—parts of any personal injury case. Here’s how it usually works:
- Gathering Evidence
Evidence is key. After an accident, you should collect as much information as possible:
- Photos of the scene, vehicles, and injuries
- Police reports and crash diagrams
- Names and contact info for witnesses
- Medical records showing your injuries
- Any video footage (from dash cams, security cameras, or cell phones)
- Statements from Those Involved
Insurance adjusters will want to hear from everyone involved. Be careful what you say. Never admit fault at the scene. Even a simple “I’m sorry” can be used against you.
- Expert Analysis
In serious cases, lawyers may hire accident reconstruction experts. These professionals use science and math to figure out how the accident happened and who was likely at fault.
- Insurance Company Review
Insurance companies will use all this information to assign percentages of fault. If you disagree, you don’t have to accept their decision. You can negotiate or take the case to court.
Common Mistakes People Make
Many accident victims make mistakes that can hurt their claim, especially when it comes to comparative fault:
- Admitting Fault at the Scene
Never say “I’m sorry” or admit blame after a crash. Even a simple apology can be used against you.
- Not Gathering Evidence
Take photos of the scene, your injuries, and the vehicles involved. Get witness contact information. The more evidence you have, the better.
- Giving a Recorded Statement to the Insurance Company
Insurance adjusters may try to get you to say things that suggest you were at fault. Always talk to a lawyer before giving a statement.
- Not Getting Medical Attention
If you delay seeing a doctor, the insurance company may argue your injuries aren’t serious or weren’t caused by the accident.
- Settling Too Quickly
Don’t accept a quick settlement offer before you know the full extent of your injuries and how fault will be determined.
How Comparative Fault Impacts Your Compensation
Let’s break down how comparative fault can affect your settlement or verdict. Here’s a simple example:
- You are in a car accident and suffer $50,000 in damages.
- The insurance company says you are 25% at fault.
- Your compensation will be reduced by 25%, so you’d receive $37,500.
This reduction can make a big difference, especially in cases with severe injuries or high medical bills. That’s why it’s so important to have an attorney who can fight for a fair assessment of fault.
What Happens If You’re Mostly at Fault?
Missouri’s pure comparative fault law is one of the most generous in the country. Even if you are 90% at fault, you can still recover 10% of your damages. This is very different from states with “modified comparative fault” rules, where you can’t recover anything if you are more than 50% at fault.
However, if you are mostly at fault, your compensation will be much lower. In some cases, it may not be worth pursuing a claim. An experienced attorney can help you decide if it makes sense to move forward.
How Comparative Fault Works in Truck Accidents
Truck accidents often involve multiple parties and complex questions about fault. For example, a crash could involve:
- The truck driver
- The trucking company
- Another driver
- A parts manufacturer (if a mechanical failure caused the crash)
- Road maintenance crews (if poor road conditions played a role)
Each party’s actions will be reviewed, and fault will be divided among them. Trucking companies often have aggressive lawyers and insurance adjusters who try to shift blame to others. That’s why it’s important to work with a law firm experienced in truck accidents.
Steps to Take After an Accident
If you’re involved in an accident where fault may be shared, here’s what you should do:
- Call 911 and get medical help. Your health comes first.
- Cooperate with police, but don’t admit fault. Stick to the facts.
- Take photos and videos of the scene. Include vehicle positions, skid marks, signs, and injuries.
- Get contact information for all drivers and witnesses.
- See a doctor as soon as possible. Even if you feel okay, some injuries take time to show up.
- Contact an experienced personal injury attorney. Don’t talk to the insurance company until you have legal advice.
How Insurance Companies Use Comparative Fault
Insurance companies are in business to make money. They often use comparative fault to reduce the amount they pay out. Here’s how they do it:
- They may claim you were distracted or not paying attention.
- They might argue you broke a traffic law, like speeding or rolling through a stop sign.
- They could say you made your injuries worse by not wearing a seat belt.
- They may blame poor weather or road conditions, shifting some fault to you.
At Price & Randle, we know these tactics and how to fight back. We gather evidence, interview witnesses, and work with experts to make sure the blame is assigned fairly.
Comparative Fault and Pedestrian or Bicycle Accidents
Pedestrians and bicyclists are often at risk of traffic accidents. Missouri law protects their rights, but comparative fault still applies. If a pedestrian crosses outside a crosswalk or a cyclist ignores traffic signals, they may be assigned some fault. However, drivers still must watch for people on foot or on bikes.
Even if you made a mistake as a pedestrian or cyclist, you can still file a claim. Your compensation will just be reduced by your share of the blame.
Comparative Fault in Slip and Fall Cases
Slip and fall accidents can be complicated. Property owners must keep their premises safe, but visitors also have a responsibility to watch where they’re going. If you slip on a wet floor in a store but were looking at your phone, the store might argue you were partly at fault. Missouri’s comparative fault law means you can still recover damages, but your award will be reduced.
How Price & Randle Can Help
Our team at Price & Randle Injury Attorneys has years of experience handling complex comparative fault cases in Central Missouri. Here’s how we help:
- Investigating the Accident: We gather all available evidence to show what really happened.
- Negotiating With Insurance Companies: We push back against unfair blame and lowball offers.
- Building a Strong Case: We work with accident reconstruction experts and medical professionals to prove your side.
- Taking Your Case to Court: If the insurance company won’t be fair, we’re ready to fight for you in court.
We know how Missouri’s comparative fault law works, and we use it to protect your rights.
Frequently Asked Questions About Comparative Fault in Missouri
Can I get compensation if I was partly at fault for my accident?
Yes. Missouri’s pure comparative fault law allows you to recover damages even if you share some blame. Your compensation will be reduced by your percentage of fault.
What if the other driver’s insurance company says I’m more at fault than I really am?
You don’t have to accept their decision. An attorney can challenge their findings and present evidence on your behalf.
Does comparative fault apply to truck accidents and car accidents?
Yes. The rule applies to all types of personal injury cases in Missouri, including car, truck, motorcycle, and slip and fall accidents.
What if I’m found 50% or more at fault?
You can still recover damages, but your recovery will be reduced by your share of the blame. For example, if you’re 60% at fault, you can still recover 40% of your damages.
How can I protect myself after an accident?
Gather evidence, don’t admit fault, get medical care, and talk to a lawyer before dealing with the insurance company.
What if there are multiple people at fault?
Missouri law allows fault to be divided among everyone involved. Each person’s share of the blame will be used to calculate compensation.
How long do I have to file a personal injury claim in Missouri?
You generally have five years from the date of the accident to file a claim. There are exceptions for certain cases, so talk to an attorney as soon as possible.
Don’t Let Comparative Fault Cost You Your Rights
Missouri’s comparative fault law is meant to be fair, but insurance companies use it to reduce what they pay. Don’t let them take advantage of you. If you’ve been hurt in a car or truck accident in Central Missouri—even if you think you might be partly at fault—contact Price & Randle Injury Attorneys for a free consultation. We’ll review your case, explain your options, and help you fight for the compensation you deserve.
Ready to talk?
Call Price & Randle Injury Attorneys today or visit our auto accidents and truck accidents pages to learn more about how we can help you.
