Even if you were partially at fault for a car accident in Missouri, you can usually still make a claim and receive compensation; however, your compensation will be reduced according to your share of liability under Missouri’s pure comparative fault law.
If You Blame Yourself After a Crash
After a wreck in Central Missouri, it’s normal to replay the crash in your head and wonder if you could have done something differently. You might worry that because you made a mistake, glancing at your GPS, rolling through a stop, driving a little too fast… now you have no right to ask for help.
Missouri law does not expect you to be perfect. Even if you were partly to blame, you may still be entitled to money for medical bills, lost wages, pain and suffering, and car repairs. The real question is not “Was I perfect?” but “What percentage of fault will be assigned to me?”
Missouri’s Pure Comparative Fault Rule
Missouri uses a “pure comparative fault” system for car accidents and other personal injury cases. That means:
- You can recover compensation even if you were 99% at fault for the crash.
- Your compensation is reduced by your exact percentage of fault; there is no automatic cut-off at 50% or 51% like in many other states.
Under this system, a jury or insurance adjuster assigns percentages of blame to everyone involved and then adjusts the money award accordingly. Missouri is one of a relatively small number of states that still follow this pure comparative fault approach.
You also need to be aware of the deadline to act. In most Missouri car accident cases, you have five years from the date of the crash to file a personal injury lawsuit, or you may lose your right to compensation entirely.
Examples of Shared Fault Accidents
Shared fault happens in many everyday driving situations in Central Missouri, including around the Lake of the Ozarks, Osage Beach, and nearby highways. A few common examples:
- Rear-end with sudden stop: You slow suddenly for traffic on Highway 54, and the driver behind you is following too closely and hits you. You might be found 20% at fault for braking quickly, while the tailgating driver is 80% at fault.
- Left turn vs. speeding driver: You turn left at an intersection in Camdenton, thinking you have enough time, but an oncoming driver is speeding and crashes into you. A factfinder might assign 40% fault to you for misjudging the turn and 60% to the speeding driver.
- Both drivers are distracted: You briefly look at your phone while the other driver runs a red light in Eldon. Maybe you are 30% at fault for the distraction, and they are 70% at fault for the red light violation.
In each of these scenarios, you still have a potential claim in Missouri because pure comparative fault allows recovery even when your own mistakes contributed to the crash.
How Fault Percentages Affect Your Compensation
Once the fault is divided into percentages, those numbers directly change the amount of money you can receive. The math itself is straightforward, even though the arguments behind the numbers can be complex.
Here’s how it works in practice:
- If your total damages (medical bills, lost income, pain and suffering, etc.) are valued at $100,000 and you are 20% at fault, your recovery would be reduced to $80,000.
- If you are 50% at fault on a $60,000 claim, you could still receive $30,000.
- Even at 80% fault on a $50,000 claim, you could still recover $10,000.
Under Missouri’s pure comparative fault system, there is no “too late” line where you are suddenly barred from recovering just because your fault is above 50%. The fight, in most cases, is about pushing your percentage of fault as low as the evidence will reasonably support.
Why Insurance Companies Exaggerate Fault
Insurance companies understand comparative fault rules very well, and they use them to reduce what they pay. The higher they can push your percentage of blame, the less money they owe you.
Common tactics include:
- Suggesting you “must have” been speeding, distracted, or not paying attention without solid proof.
- Picking apart minor inconsistencies in your statement to claim you are less credible.
- Using things like not wearing a seatbelt or waiting to see a doctor as excuses to shift blame onto you.
- Rushing you to accept a quick, low settlement before you know the full extent of your injuries or rights under Missouri comparative fault law.
Missouri law requires that any comparative fault claim be supported by evidence, not just speculation. A skilled attorney can challenge insurers when they stretch or distort the facts.
Steps to Take After a Shared-Fault Accident
Even if you think you might share some responsibility, there are important steps you can take to protect your health and your claim.
Right after the crash, try to:
- Get medical care promptly, even if you feel “mostly okay,” because some injuries show up days later.
- Call law enforcement so there is an official crash report.
- Take photos of the vehicles, the scene, skid marks, traffic signals, and any visible injuries.
- Gather names and contact information for witnesses.
- Avoid arguing or apologizing at the scene, and do not say “It was my fault,” even if you feel emotional or guilty.
In the days that follow:
- Follow your doctor’s treatment plan and keep all appointments.
- Save medical records, bills, repair estimates, and any correspondence from insurance companies.
- Do not give a recorded statement or sign anything from the other driver’s insurer before talking with a lawyer.
These actions help create the evidence needed to show what really happened and to push back when an insurer tries to inflate your fault percentage.
How an Attorney Helps in a Shared-Fault Claim
When a fault is disputed, having an experienced Missouri personal injury lawyer on your side can make a major difference in the outcome of your case.
In a shared-fault accident claim, a lawyer can:
- Thoroughly investigate the crash, obtain the police report, interview witnesses, and, when needed, work with accident reconstruction experts.
- Analyze Missouri personal injury liability rules to identify all potentially responsible parties and sources of insurance coverage.
- Carefully review the insurance company’s fault arguments, demand evidence for each claim, and present your side using photos, medical records, and expert opinions.
- Calculate the full value of your damages so the insurer cannot quietly undervalue your case in addition to over-assigning fault.
- Negotiate firmly with the insurance company, and if necessary, file a lawsuit and present your case to a jury within Missouri’s statute of limitations.
Having an advocate lets you focus on healing while someone else handles the paperwork, deadlines, and aggressive tactics from insurance adjusters.
Why Choose Price & Randle in Central Missouri
Price & Randle Injury Attorneys is a client-focused, results-driven firm serving people across Central Missouri from their office in Osage Beach. The firm’s lawyers have extensive experience handling car accidents and other personal injury cases and have recovered significant compensation for injured clients.
When you work with Price & Randle after a partially at-fault car accident in Missouri, you can expect:
- Personal attention to your story, your injuries, and your concerns about fault.
- Clear, honest explanations of how Missouri comparative fault law applies to your situation.
- A team that fights to limit the percentage of fault assigned to you and to maximize the compensation you receive.
- Representation that is aligned with your interests from day one, with guidance at every step of the process.
You do not have to figure out Missouri personal injury liability rules on your own while you are trying to recover. Having local attorneys who know Central Missouri roads, courts, and insurers can be a real advantage.
Talk to Price & Randle About Your Partially At-Fault Accident
Blaming yourself after a crash is human, but it should not stop you from finding out what your case is really worth under Missouri’s pure comparative fault system. Even if you think you were partly responsible, you may still have a strong shared-fault accident claim and the right to pursue meaningful compensation.
If you were hurt in a car accident anywhere in Central Missouri and have questions about fault, evidence, or deadlines, contact Price & Randle Injury Attorneys today for a free consultation.
You can speak with a caring, experienced lawyer who will review your situation, explain your options in plain language, and help you decide on the next step with confidence.
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