Missouri’s Pure Comparative Fault Rule: Can I Still Recover If Partially at Fault?
If you were injured in a car accident or other incident in Missouri and believe you might be partly at fault, here’s what you need to know: Yes, you can still recover compensation. Missouri follows a pure comparative fault rule under Missouri Revised Statutes § 537.765, which means you can seek damages even if you were 99% responsible for the accident.
Your compensation will simply be reduced by your percentage of fault. This is one of the most generous fault systems in the country, but insurance companies know how to use it against you by inflating your fault percentage to reduce what they have to pay.
At a Glance: Pure Comparative Fault in Missouri
- You can recover damages even if 99% at fault (Mo. Rev. Stat. § 537.765)
- Your compensation is reduced by your exact percentage of fault
- Only 12 other states in the U.S. use pure comparative fault
- Insurance companies will aggressively try to increase your fault percentage
- 5-year statute of limitations for personal injury claims
- Applies to car accidents, slip and falls, and all personal injury cases
- Substantial evidence must support any comparative fault claim
What Missouri’s Pure Comparative Fault Law Actually Says
Missouri Revised Statutes § 537.765 abolished the harsh rule of contributory fault, which previously barred any recovery if a plaintiff was even slightly at fault. The statute now reads:
“Any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery.”
This means Missouri follows a pure comparative fault system. Unlike modified comparative fault states, where you lose all rights to compensation if you’re 50% or 51% at fault, Missouri has no such threshold. Even if you’re primarily responsible for an accident, you can still recover a portion of your damages.
The math is straightforward:
If your total damages are $100,000 and you’re found 20% at fault, you recover $80,000. If you’re 75% at fault, you still recover $25,000. If you’re 99% at fault, you can still recover $1,000.
This system is designed to be fairer than older rules that punished people disproportionately. It recognizes that accidents rarely have a single cause and that multiple parties often share responsibility.
How Fault Gets Determined in Missouri Cases
Fault doesn’t just appear out of thin air. It gets determined through evidence that may include:
- Police reports documenting the accident scene, witness statements, and officer observations. Note that in Missouri, police officers are not allowed to give their opinions on fault during trial, as their opinions might unfairly influence the jury. However, their factual observations are admissible.
- Witness testimony from people who saw the accident happen. Independent witnesses often carry more weight than parties to the accident or their passengers.
- Photographs and video evidence showing vehicle positions, damage, skid marks, road conditions, traffic signals, and the overall scene. Dashcam footage and nearby surveillance cameras can be particularly valuable.
- Accident reconstruction experts who analyze the physical evidence to determine speeds, points of impact, sight lines, and who violated traffic laws. These experts use physics, engineering principles, and computer modeling.
- Medical records that document the extent and nature of injuries, which can corroborate or contradict claims about how the accident occurred.
- Traffic violations or citations issued at the scene, though these are not automatically determinative of fault.
Insurance adjusters review this evidence to assign fault percentages during the claims process. If your case goes to court, a jury will make the final determination based on all the evidence presented at trial.
How Insurance Companies Use Comparative Fault Against You
Here’s the reality about Missouri’s pure comparative fault system: while it allows you to recover even if partly at fault, it also gives insurance companies a powerful tool to reduce what they pay. Every percentage point of fault they can assign to you saves them money.
Common insurance company tactics include:
Overemphasizing minor mistakes
Were you adjusting your radio? Were your kids in the car? Did you glance away for a second? Insurance adjusters will highlight these details even when the other driver ran a red light or violated a clear traffic law.
Using ambiguous police report language
Phrases like “unclear right of way” or “both drivers failed to yield” get weaponized to push partial blame onto you, even when the facts clearly favor your version of events.
Recorded statements designed to trap you
Adjusters may call you within days of the accident, when you’re still in pain and confused, hoping you’ll say something they can use to increase your fault percentage. You are not legally required to give a recorded statement to the at-fault driver’s insurance company in Missouri.
Quick lowball offers
Early settlement offers often come with inflated fault percentages before you’ve fully understood the extent of your injuries or consulted with an attorney. Once you accept and sign a release, you cannot seek additional compensation later.
Cherry-picking evidence
Adjusters may focus on evidence that supports their narrative while ignoring or downplaying evidence that establishes the other party’s clear negligence.
Missouri case law requires substantial evidence to support a comparative fault claim. Insurance companies often assert comparative fault without having facts to support their allegations. They’re counting on you not knowing this or not having the resources to challenge their assessment.
Understanding the Difference: Pure vs. Modified Comparative Fault
Missouri is one of only 12 or 13 states that use pure comparative fault. Understanding what makes this different helps you appreciate both the benefits and the risks.
Pure Comparative Fault (Missouri’s System):
You can recover damages regardless of your fault percentage, even at 99%. Your damages are reduced proportionately by your exact percentage of fault. There is no threshold that bars recovery.
Modified Comparative Fault (Used by the Majority of States):
Two variations exist. Under the 50% bar rule, you cannot recover if you’re 50% or more at fault. Under the 51% bar rule, you cannot recover if you’re 51% or more at fault. If your fault is below the threshold, your damages are reduced proportionately.
States with modified comparative fault include Texas, Florida (except medical malpractice), Illinois, and many others.
Contributory Fault (Used by Only 4 States + D.C.):
If you are even 1% at fault, you cannot recover anything. This harsh rule is followed only by Alabama, Maryland, North Carolina, Virginia, and the District of Columbia.
Why Missouri’s pure system matters for you:
Missouri’s rule gives you a fighting chance even in cases where fault is genuinely shared. You won’t lose everything because of a minor mistake or moment of inattention. However, it also means insurance companies will fight hard to inflate your fault percentage, knowing they can reduce their payout without completely escaping liability.
Key Deadlines and Procedural Rules You Need to Know
Statute of Limitations:
You have 5 years from the date of injury to file a personal injury lawsuit in Missouri (Mo. Rev. Stat. § 516.120). This applies to car accidents, slip and falls, and most personal injury cases. Medical malpractice has a shorter deadline of 2 years. Wrongful death claims have a 3-year deadline.
Government Claims:
If your accident involved a government entity or employee, you face a strict 90-day notice requirement. Missing this deadline can bar your claim entirely.
Why Acting Quickly Matters:
Evidence disappears. Witnesses’ memories fade. Surveillance footage gets deleted. Skid marks fade. Medical records become harder to obtain. While you have up to 5 years to file a lawsuit, waiting too long weakens your case.
Comparative Fault Must Be Based on Substantial Evidence:
Missouri case law requires substantial evidence to support a comparative fault claim. During litigation, defendants often assert comparative fault as an affirmative defense without initially providing specific facts. Your attorney can file motions to strike these defenses or require the defendant to be more specific about what evidence supports their allegations.
What Damages Can You Recover Under Comparative Fault?
Missouri allows you to recover three types of damages, all of which are reduced by your percentage of fault:
Economic Damages (No Cap):
Past and future medical expenses, past and future lost wages and lost earning capacity, property damage, out-of-pocket expenses related to the injury, and costs of household services you can no longer perform.
Non-Economic Damages (No Cap in Most Cases):
Pain and suffering, emotional distress, loss of enjoyment of life, disfigurement and scarring, physical impairment and disability, loss of consortium (spouse’s claim for loss of companionship).
In Missouri, there is generally no cap on non-economic damages for personal injury cases. Medical malpractice cases have caps, but car accidents, slip and falls, and most other personal injury claims do not.
Punitive Damages (Rare):
Only awarded in cases involving intentional harm or extreme recklessness. Require court permission to seek. Not covered by most insurance policies.
How the Math Works:
If your economic damages are $75,000 and non-economic damages are $25,000, your total damages are $100,000. If you’re found 30% at fault, you recover $70,000. All categories of damages are reduced by your fault percentage.
When Comparative Fault Comes Into Play
Pure comparative fault applies across all types of personal injury cases in Missouri:
- Car accidents involving speeding, distracted driving, failure to yield, or following too closely. Both drivers might share responsibility.
- Motorcycle accidents where fault might be shared between a driver who didn’t see the motorcyclist and a motorcyclist who was lane-splitting or speeding.
- Truck accidents involving commercial vehicles where multiple factors contribute, such as driver fatigue and a passenger vehicle’s sudden lane change.
- Pedestrian accidents where a pedestrian jaywalks, but the driver was speeding or distracted.
- Bicycle accidents where both the cyclist and motorist may have violated traffic laws.
- Slip and fall cases where the property owner failed to maintain safe conditions, but the injured person was not paying attention or ignored warning signs.
- Dog bites where the victim may have provoked the animal or trespassed on private property.
- Product liability cases where the manufacturer produced a defective product, but the plaintiff misused the product or ignored safety warnings.
The comparative fault analysis is flexible and fact-specific. No two cases are identical, which is why thorough evidence gathering and strong legal representation matter so much.
Common Questions About Comparative Fault in Missouri
Can I recover compensation if the insurance company says I’m 50% at fault?
Yes. Under Missouri’s pure comparative fault rule, you can recover damages even if you’re 50%, 75%, or even 99% at fault. Your compensation is simply reduced by your percentage of fault. If your damages total $100,000 and you’re 50% at fault, you recover $50,000.
Is the insurance adjuster’s fault determination final?
No. The insurance adjuster’s opinion is not legally binding. You can challenge an unfair fault determination through negotiation, presenting additional evidence, and if necessary, filing a lawsuit. A jury makes the final determination if your case goes to trial.
Does comparative fault apply if the other driver got a ticket?
Traffic citations help establish fault but are not automatically determinative. If the other driver got a ticket for running a red light, that’s strong evidence they’re primarily at fault. However, the insurance company or jury can still assign some fault to you based on other factors. The citation makes it harder for them to do so convincingly.
What if there are multiple at-fault parties?
Missouri allows fault to be divided among all parties involved in an accident. If three drivers caused a collision, the jury can assign each one a percentage of fault (for example, 50%, 30%, and 20%). Each party’s damages are then reduced by their own percentage of fault. This is called several liability.
Can weather conditions affect fault determination?
Bad weather is considered a contributing factor, but drivers in Missouri are expected to adjust their speed and driving behavior for road and weather conditions. You can still be found partly at fault for driving too fast for conditions, even during a snowstorm. The key question is whether each driver acted reasonably given the circumstances.
Do I have to give a recorded statement to the insurance company?
You are not legally required to give a recorded statement to the at-fault driver’s insurance company. Adjusters may claim it’s required or standard procedure, but you can politely decline. Anything you say in a recorded statement can be used to increase your fault percentage or deny your claim.
How long do I have to file a claim in Missouri?
You have 5 years from the date of injury to file a personal injury lawsuit. However, you should report the accident to your own insurance company immediately and begin gathering evidence right away. Waiting years to take action weakens your case significantly.
What should I do at the accident scene to protect my rights?
Do not admit fault or apologize. Stick to the facts when speaking with the police. Take photographs of vehicle positions, damage, road conditions, traffic signs, and injuries. Collect contact information from witnesses. Seek medical attention immediately, even if you feel fine. Call an experienced personal injury attorney as soon as possible.
How an Attorney Protects You From Unfair Fault Assignment
Insurance companies have experienced adjusters and lawyers working to maximize your fault percentage. Having your own attorney levels the playing field.
An experienced personal injury attorney:
Investigates thoroughly to gather strong evidence establishing the other party’s fault. This includes obtaining police reports, deposing witnesses, reviewing surveillance footage, and consulting with accident reconstruction experts.
Challenges insurance company reports and adjuster bias. Attorneys know the tactics adjusters use and can counter them with facts and legal arguments.
Works with experts who can provide testimony about how the accident occurred, what traffic laws were violated, and what a reasonable person would have done in the same situation.
Negotiates aggressively to keep your assigned fault percentage as low as possible. Every percentage point matters.
Files lawsuits when necessary to force defendants to provide substantial evidence supporting their comparative fault allegations. Many times, defendants cannot back up their claims with actual facts.
Knows Missouri’s legal standards inside and out, including the requirement that substantial evidence must support comparative fault claims.
At Deputy & Mizell, we’ve handled countless cases where insurance companies tried to unfairly inflate our clients’ fault percentages. We know how to investigate, negotiate, and when necessary, take cases to trial to protect your rights and maximize your compensation.
Next Steps: Protecting Your Right to Fair Compensation
If you’ve been injured in an accident in Missouri and the insurance company is claiming you’re partly at fault, don’t accept their assessment without a fight. You deserve fair compensation, and Missouri’s pure comparative fault rule gives you the right to recover damages even if you made a mistake.
Take these steps to protect yourself:
Don’t discuss fault with insurance adjusters or give recorded statements. Seek medical attention immediately and document all injuries and treatment. Gather and preserve evidence, including photos, witness information, and medical records. Contact an experienced personal injury attorney who understands Missouri’s comparative fault laws.
The attorneys at Deputy & Mizell have over 70 years of combined experience representing injured people throughout Central Missouri and the Lake of the Ozarks region. We know how to counter insurance company tactics, minimize fault assignments, and maximize compensation for our clients.
Your initial consultation is free. We’ll review the facts of your case, explain how comparative fault might affect your compensation, and discuss your legal options. You don’t have to figure this out alone.
Contact Deputy & Mizell for a free consultation. We serve Lebanon, Camdenton, Lake Ozark, Osage Beach, and communities throughout Central Missouri. We work on a contingency fee basis, which means you don’t pay attorney fees unless we recover compensation for you. Your focus should be on recovering from your injuries. Let us handle the legal fight to protect your rights and maximize what you recover.
Contact Deputy & Mizell, LLC to schedule your private (FREE) consultation today.
Representing Clients Across the Lake of the Ozarks Region
Lebanon: 417-532-2191
Camdenton: 573-346-9990
