When an accident happens—whether it’s a car crash, slip and fall, or another type of injury-causing incident—the question of “who is at fault” becomes crucial. In Missouri, determining fault is not a simple all-or-nothing process. Instead, the state uses a legal principle called pure comparative fault to decide how damages are awarded. Understanding how comparative fault works can help you know what to expect if you’re injured and seeking compensation.
What Is Comparative Fault?
Comparative fault is a system that assigns a percentage of blame to each party involved in an accident. Rather than one party being entirely responsible, the fault can be divided based on the facts of the case. In Missouri, this means that even if you are partially responsible for your own injuries, you can still recover damages—your compensation will simply be reduced by your percentage of fault.
This system differs from contributory negligence, used in some other states, where being even 1% at fault can bar you from recovering anything. Missouri’s approach is considered more balanced because it allows injured victims to still receive compensation proportional to the other party’s share of fault.
Missouri’s “Pure” Comparative Fault Rule
Missouri follows what’s known as a pure comparative fault rule. This is different from a “modified” comparative fault system, which typically cuts off your ability to recover damages if you are more than 50% or 51% at fault.
Under Missouri’s pure comparative fault rule:
- You can recover damages even if you are 99% at fault for the accident.
- Your recovery is reduced by your percentage of fault.
For example: If you suffered $100,000 in damages from a car accident but were found to be 30% at fault, you could still recover 70% of your damages, or $70,000. If you were 90% at fault, you could still recover $10,000.
How Fault Is Determined
Determining fault in a Missouri accident case involves gathering evidence and analyzing the facts. This may include:
- Police reports documenting the scene of a traffic accident
- Witness statements from people who saw what happened
- Photographs or video footage of the accident scene
- Expert testimony such as accident reconstruction specialists
- Medical records showing the nature and extent of injuries
Insurance adjusters, attorneys, and sometimes juries will review this evidence to assign each party a percentage of fault.
Examples of Comparative Fault in Action
Example 1: Car Accident
You’re rear-ended at a stoplight, but your brake lights weren’t working at the time. The court may find the other driver 80% at fault for following too closely and you 20% at fault for having faulty brake lights. Your $50,000 in damages would be reduced by 20%, leaving you with $40,000.
Example 2: Slip and Fall
You slip on a wet floor in a grocery store, but you were texting on your phone and not paying attention. The store might be 70% at fault for failing to put up a warning sign, while you might be 30% at fault for being distracted. If your damages are $20,000, you would recover $14,000.
Why Comparative Fault Matters in Missouri Accident Claims
Understanding comparative fault is important because:
- It impacts settlement negotiations – Insurance companies will often argue that you bear some responsibility to lower the payout.
- It influences litigation strategy – Your attorney will work to minimize your percentage of fault while showing the other party’s greater share of blame.
- It can mean the difference between getting something or nothing – In a contributory negligence state, being partially at fault could bar recovery entirely. In Missouri, you still have the opportunity to recover.
Tips for Protecting Your Claim in a Comparative Fault Case
- Gather strong evidence immediately after the accident.
- Seek medical attention promptly to document injuries.
- Avoid admitting fault at the scene or to insurers.
- Work with an experienced attorney who can fight to keep your percentage of fault as low as possible.
At Bishop & Hayes P.C., we understand how confusing and frustrating comparative fault cases can be—especially when insurance companies try to shift more blame onto you than you deserve. We use our experience, resources, and dedication to gather the right evidence, challenge unfair fault percentages, and fight for the maximum compensation possible. When you work with us, you’re not just getting legal representation—you’re getting a team that will stand by your side, protect your rights, and make sure your voice is heard every step of the way.
Contact us at (417) 304-3228 to begin a conversation about your unique accident situation. With our Springfield-based team and proven process, you can focus on your recovery—knowing you have a committed advocate by your side, every step of the way.