How Pure Comparative Fault Affects Your Missouri Car Accident Claim
If you were partially at fault in a car accident in St. Louis, you may still have the right to recover compensation. Missouri follows a pure comparative fault system, which means your damages are reduced by your percentage of fault but are not eliminated entirely. Even if you were mostly responsible for the collision, you can still pursue a claim for the portion of fault that belongs to someone else. This is a powerful protection for injured drivers, passengers, pedestrians, and bicyclists across the Greater St. Louis area, and understanding how it works can make a significant difference in the outcome of your case.
If you have questions about how fault may affect your car accident compensation, Halvorsen Klote Davis is here to help. Call (314) 451-1314 or reach out online to discuss your situation.
Understanding Pure Comparative Negligence in Missouri
Missouri uses a pure comparative negligence model, meaning there is no threshold of fault that prevents you from recovering damages. Under this framework, a plaintiff can recover damages reduced by their percentage of fault, even if they bear 99% of the responsibility for the accident. The Missouri Supreme Court adopted this doctrine in Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), finding it the best way to achieve fairness and justice in personal injury cases. The legislature later codified pure comparative fault for products liability claims in RSMo § 537.765.
This approach stands in contrast to the systems used in most other states. Over 30 states use some form of modified comparative negligence, while only about a dozen states, including Missouri, use pure comparative negligence. Modified systems impose either a 50% or 51% bar rule. Under a 50% bar, for example, a plaintiff who is 50% at fault recovers nothing. Missouri’s pure system contains no such cutoff, giving injured individuals broader access to compensation.
💡 Pro Tip: Even if a police report or insurance adjuster suggests you were mostly at fault, do not assume your claim is worthless. Under Missouri’s pure comparative fault rules, you may still recover a meaningful amount of compensation for your injuries.
How Fault Determination Works in a Missouri Car Crash
Before fault can be divided among the parties, the foundational elements of negligence must be established. Proving negligence requires showing that the defendant owed a duty of care, breached that duty, caused the accident, and that the accident resulted in actual damages. These four elements apply in every car accident case, regardless of which comparative negligence system a state follows.
The Role of Evidence in Fault Determination
Gathering strong evidence early can significantly influence how fault is apportioned in your case. Police reports, witness statements, traffic camera footage, vehicle damage photos, and medical records all play a role. Insurance companies routinely attempt to shift as much blame as possible onto the injured party to reduce the payout, so preserving this evidence is critical.
Plaintiff’s Fault as an Affirmative Defense
Under RSMo § 537.765, the defendant carries the burden of raising and proving the plaintiff’s fault in products liability claims, and Missouri courts apply the same principle in general negligence cases. The statute specifies that a defendant may plead and prove the fault of the plaintiff as an affirmative defense. This means you do not need to disprove your own fault; the other side must establish it. The same statute abolished contributory fault as a complete bar to recovery in products liability claims and declares that any fault chargeable to the plaintiff shall diminish proportionately the amount awarded as compensatory damages but shall not bar recovery. This law took effect on July 1, 1987, and is codified under Title XXXVI, Chapter 537.
💡 Pro Tip: If the insurance company claims you were partially at fault, ask what evidence supports that assertion. The burden of proof is on the defendant, and unsupported allegations should not reduce your recovery.
Pure Comparative Fault vs. Contributory Negligence: Why It Matters
The difference between pure comparative fault and contributory negligence can mean the difference between recovering compensation and walking away with nothing. Under a contributory negligence system, if you are found to be even minimally at fault for your own injuries, as little as 1%, you are completely barred from recovering any damages. Most states have abandoned this harsh rule, but a handful still follow it.
Missouri’s approach is far more favorable to injured individuals. The table below illustrates the key differences:
| Feature | Pure Comparative Fault (Missouri) | Modified Comparative Fault | Contributory Negligence |
|---|---|---|---|
| Recovery if plaintiff is 30% at fault | Yes, reduced by 30% | Yes, reduced by 30% | No recovery |
| Recovery if plaintiff is 51% at fault | Yes, reduced by 51% | No recovery (under 51% bar) | No recovery |
| Recovery if plaintiff is 99% at fault | Yes, reduced by 99% | No recovery | No recovery |
| Number of states using system | Approximately 12 | Over 30 | A small number |
💡 Pro Tip: If you were injured in a crash involving partial fault in a car accident, do not let the other driver’s insurance company convince you that shared fault eliminates your right to compensation. Missouri law protects your ability to recover.
Joint and Several Liability Rules for Car Accident Attorneys in St. Louis
When multiple defendants share responsibility for a car accident, Missouri law applies specific rules to determine how liability is divided. Under RSMo § 537.067, a defendant found to bear 51% or more of fault is jointly and severally liable for the amount of the judgment rendered against the defendants. A defendant bearing less than 51% of fault is only responsible for their proportionate share, with limited exceptions such as employer-employee relationships or liability arising under the Federal Employers’ Liability Act.
How Punitive Damages Are Handled
Punitive damages follow a different allocation rule. Missouri law provides that defendants are only severally liable for punitive damages, meaning each defendant pays only the percentage of punitive damages attributed to them by the trier of fact. This distinction matters in multi-vehicle collisions or cases involving both a negligent driver and another responsible party.
Protections During Trial
Missouri law also includes a notable trial procedure rule. RSMo § 537.067(3) prohibits any party from disclosing to the trier of fact the impact of the joint and several liability rules. This means the jury decides fault percentages without knowing how those percentages will affect the final allocation of payment among defendants.
💡 Pro Tip: In multi-vehicle accidents, identifying every potentially liable party early in the process can maximize your total recovery. Each defendant’s share of fault may create additional sources of compensation.
What to Expect When Filing a Partial Fault Car Accident Claim
Filing a car accident claim when fault is shared involves several practical considerations. First, expect the other driver’s insurer to investigate your actions leading up to the crash. Adjusters look for evidence of speeding, distracted driving, failure to signal, or any other contributing factor. Their goal is generally to attribute as much fault to you as possible to minimize the payout.
Your own documentation can counter those efforts. Keep records of all medical treatment, take photographs at the scene when possible, and avoid giving recorded statements to the other party’s insurance company without first consulting an attorney. In many cases, the initial settlement offer from an insurer does not reflect the true value of your claim, particularly when comparative fault is involved.
- Obtain a copy of the police report and review it for accuracy
- Document all medical visits, prescriptions, and therapy related to your injuries
- Track lost wages and any reduction in your ability to work
- Preserve all communications with insurance companies
- Consult with a car accident attorney in St. Louis before accepting any settlement offer
💡 Pro Tip: Insurance adjusters may contact you quickly after an accident and request a recorded statement. You are generally not required to provide one to the other driver’s insurer, and doing so before understanding your rights may hurt your claim.
Frequently Asked Questions
1. Can I still recover damages if I was mostly at fault for my car accident in Missouri?
Yes. Under Missouri’s pure comparative fault doctrine, you can recover damages regardless of your degree of fault, even if you are found to be 99% responsible for the accident. Your compensation is simply reduced by the percentage of fault attributed to you. For example, if your damages total $100,000 and you are found 70% at fault, you may recover $30,000.
2. Who decides the percentage of fault in a Missouri car accident case?
The trier of fact, typically a jury, determines each party’s percentage of fault. Both sides present evidence, and the jury assigns fault percentages based on the facts. The judge then applies those percentages to the damage award.
3. Does Missouri’s comparative fault rule apply to all car accident claims?
Generally, yes. Pure comparative fault applies broadly in Missouri tort cases, including car accident claims. RSMo § 537.765 specifically codifies comparative fault for products liability claims, while the Missouri Supreme Court’s decision in Gustafson v. Benda (1983) established the pure comparative fault doctrine for general negligence cases, including car accidents.
4. What happens if the other driver was uninsured and I was partially at fault?
Your ability to recover still exists under Missouri law, but collecting on a judgment against an uninsured driver presents practical challenges. Uninsured/underinsured motorist coverage on your own policy may provide a path to compensation. Your percentage of fault would still reduce the amount recoverable.
5. How do car accident attorneys in St. Louis help with disputed fault cases?
An attorney can gather and present evidence to minimize the percentage of fault attributed to you. This includes accident reconstruction, witness interviews, medical documentation, and negotiation with insurance companies. Effective legal representation often results in a more favorable fault determination and higher net recovery.
Protecting Your Right to Compensation After a St. Louis Car Accident
Missouri’s pure comparative fault system exists to ensure that injured individuals are not unfairly denied compensation simply because they share some responsibility for an accident. Whether you are a driver, passenger, pedestrian, or bicyclist, understanding how fault determination affects your claim is essential. The law places the burden on the defendant to prove your fault, and even significant shared responsibility does not eliminate your right to recover. For more insights on Missouri car accident law, visit our car accident law resources.
If you have been hurt in a car accident and have questions about how fault may affect your claim, Halvorsen Klote Davis can help you understand your options. Call (314) 451-1314 or contact us today to get started.
