If you were injured in an accident in Missouri, one of the most common concerns is whether you can still recover compensation if you were partly at fault. The short answer is yes.
Missouri follows a pure comparative fault system, which means you can still recover damages even if you were mostly—or even primarily—responsible for the accident. However, your compensation is reduced based on your percentage of fault.
What “Comparative Fault” Actually Means
Comparative fault (also called comparative negligence) is a legal rule used when more than one person contributes to an accident.
Instead of one side being fully right or wrong, Missouri assigns each party a percentage of responsibility.
Your final compensation is adjusted based on that percentage.
Example
- Total damages: $100,000
- Your share of fault: 20%
- Your recovery: $80,000
Even if you were found 80% at fault, you could still recover 20% of your damages.
This is a major difference from states where being even slightly at fault can prevent recovery entirely.
Where Comparative Fault Commonly Comes Up
Fault disputes can appear in many types of personal injury cases, especially:
Car Accidents
Insurance companies often argue about speeding, distraction, failure to yield, or following too closely.
Slip and Fall Injuries
Property owners may claim you weren’t paying attention or ignored warning signs.
Truck Accidents
Fault may be shared between the driver, trucking company, or maintenance provider.
Motorcycle Accidents
Motorcyclists are frequently blamed unfairly, even when another driver caused the crash.
Premises Liability Cases
Responsibility is often divided between the property owner and the injured visitor depending on conditions at the time of the incident.
How Insurance Companies Use Fault Against You
Insurance companies are not neutral—they actively work to reduce what they pay.
One of their most effective tools is increasing your percentage of fault.
They may argue that:
- You were distracted or not paying attention
- You were speeding or acting unpredictably
- Their insured driver was only partially responsible
- Your actions contributed more than they actually did
Even a small shift in fault percentage can significantly reduce your settlement.
Why Evidence Is Critical in Missouri Injury Cases
Because fault can be divided, evidence often determines the outcome of your case.
Strong supporting evidence may include:
- Police reports
- Witness statements
- Dashcam or surveillance footage
- Photos from the scene
- Medical records
- Accident reconstruction analysis
The stronger your evidence, the harder it becomes for insurance companies to shift blame onto you.
Can You Still Recover If You Were Mostly at Fault?
Yes.
Missouri allows recovery even if you were mostly responsible for the accident. Your compensation is simply reduced by your percentage of fault.
So even in an extreme case:
- 80% at fault → you can still recover 20%
While the recovery may be smaller, it can still be significant depending on the severity of your injuries.
Why Legal Help Makes a Big Difference
Comparative fault cases are often heavily disputed. Insurance companies are trained to minimize payouts by increasing your share of responsibility.
An experienced attorney can:
- Investigate the accident thoroughly
- Challenge unfair fault assignments
- Gather and preserve critical evidence
- Negotiate with insurance companies
- Take the case to trial if necessary
Castle Law Office handles personal injury cases throughout Missouri and Kansas and regularly deals with comparative fault disputes, helping injured clients push back against reduced settlement offers.
📞 Call us at (816) 842-7100 or
📅 Schedule your free consultation online.
