Were you involved in a car accident in Missouri and think you may have been partly to blame? You’re not alone, and this does not automatically mean you’ve lost your right to compensation. It’s common to feel confused, guilty, or under pressure from insurance adjusters who seem eager to blame you more.
The FAQs below are designed to answer your most important questions in plain language. They explain how Missouri’s comparative fault rules work and help you understand when it makes sense to pursue a claim and speak with a solicitor.
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Can I sue if I was partially at fault for a car accident in Missouri?
Yes. In Missouri, you can still pursue compensation even if you were partly responsible for the crash. Your recovery is just reduced by your percentage of fault under the state’s “pure comparative fault” rule.
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What is Missouri’s pure comparative fault law?
Missouri’s pure comparative fault law means fault is divided into percentages between everyone involved in the accident. You can recover damages even if you were mostly at fault; your compensation is simply reduced by your share of blame.
For example, if you are found 30% at fault and your total damages are $100,000, you could still recover $70,000.
3. What are some examples of shared fault accidents?
You might share fault in situations like:
- Rear-end collisions where you brake suddenly, and the other driver is following too closely
- Left-turn crashes where you misjudge the distance, but the other driver is speeding
- Intersection accidents where you are briefly distracted, and the other driver runs a red light
In all of these, you may still have a valid claim even if you made a mistake.
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How does my percentage of fault affect my compensation?
Your percentage of fault directly reduces the money you can recover. Some simple examples:
- 20% at fault on a $50,000 claim → you may recover $40,000
- 50% at fault on a $60,000 claim → you may recover $30,000
- 80% at fault on a $40,000 claim → you may recover $8,000
The key issue is not whether you were perfect, but what percentage of fault is assigned to you.
5. Will the insurance company try to put more blame on me?
Often, yes. Insurance companies regularly:
- Suggest you were speeding or distracted, even with little proof
- Use minor inconsistencies in your statement to question your credibility
- Point to things like not wearing a seatbelt or delaying medical care to shift blame
They do this because every extra percentage of fault they put on you reduces what they have to pay.
6. What should I do after a crash if I might be partially at fault?
You should still protect yourself and your claim:
- Get medical care right away
- Call the police and get an official report
- Take photos of the scene, vehicles, and your injuries
- Get contact information for witnesses
- Avoid admitting fault or apologizing at the scene
- Do not give a recorded statement to the other driver’s insurance company before talking to a lawyer
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How long do I have to file a car accident claim in Missouri?
In most Missouri car accident cases, you generally have five years from the date of the crash to file a personal injury lawsuit. Waiting too long can mean losing your right to pursue compensation, so it’s important to speak with an attorney as soon as you can.
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How can a lawyer help if I was partly at fault?
An attorney can:
- Investigate the accident and gather evidence about what really happened
- Challenge unfair attempts to push too much fault onto you
- Calculate the full value of your damages
- Negotiate with the insurance company or take your case to court if needed
This is especially important in shared-fault cases, where even a small change in your fault percentage can significantly affect your recovery.
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Why choose Price & Randle Injury Attorneys?
Price & Randle Injury Attorneys serve clients throughout Central Missouri and focus on helping injured people, not insurance companies. When you work with them, you can expect:
- Compassionate, one-on-one attention
- Clear, straightforward explanations of Missouri comparative fault law
- Strong advocacy to reduce the fault assigned to you and maximize your compensation
10. What if I already admitted fault at the scene?
Many people say “I’m sorry” or “It was my fault” at the scene because they are scared, shaken up, or simply trying to be polite. That does not necessarily mean you are legally 100% at fault.
An attorney can look at the full picture (traffic laws, physical evidence, witness statements, and other factors) to determine how fault should actually be divided. Do not assume that a quick comment at the scene has destroyed your case
11. What if the police report says I was at fault?
Police reports are important, but they are not the final word. Officers arrive after the crash has already happened and often must rely on limited information. They can make mistakes, and they may not see every piece of evidence.
A lawyer can review the report, compare it with photos, witness statements, and other evidence, and challenge conclusions that are incomplete or incorrect. Just because the report lists you as “at fault” does not mean you have no claim.
12. Does it matter if I wasn’t wearing a seatbelt?
Not wearing a seatbelt can affect your case, but it does not automatically prevent you from recovering compensation. The insurance company may argue that your injuries are worse because you were unbelted and try to increase your percentage of fault.
However, you may still be able to pursue a claim for the portion of your injuries caused by the other driver’s negligence. A lawyer can help address these arguments and work to limit how much they affect your overall compensation.
13. Can I still make a claim if I accepted some money from the insurance company?
If you have only received payment for property damage or a small advance and have not signed a full and final release, you may still be able to pursue an injury claim. If you signed a release, your options may be more limited.
Before signing anything that settles your case, it is crucial to talk with an attorney. Once you sign a full release, you usually cannot go back later and ask for more money, even if your injuries turn out to be more serious than you first realized.
14. How much does it cost to talk to Price & Randle?
Your initial consultation is free, and you pay no attorney fees upfront.
In most car accident cases, the firm works on a contingency fee basis, meaning you only pay attorney fees if they recover money for you.
This allows you to get experienced legal help without taking on additional financial risk while you are already dealing with medical bills and other expenses related to the crash.
