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Missouri Comparative Fault Law: Can You Still Recover If You Were Partly at Fault?

Updated: Jun 20

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This page has been researched, written, and reviewed in accordance with our editorial guidelines to ensure accuracy and relevance. This page has been reviewed and approved by Founding Partner, Tobias Licker. The last updated date reflects the most recent review of this content.

Missouri Comparative Fault

If you have been injured in an accident, you may assume that being partially at fault prevents you from recovering compensation. Fortunately, Missouri law is more favorable to injured individuals than many people realize.


Missouri follows a legal doctrine known as Pure Comparative Fault, which allows injured parties to recover compensation even if they were partially or primarily responsible for an accident. Understanding how this rule works can be critical when pursuing a personal injury claim.


What is Pure Comparative Fault?

Pure comparative fault is a legal system used to determine compensation when multiple parties share responsibility for an accident.


Under Missouri law, an injured person may recover damages regardless of their percentage of fault. However, their compensation will be reduced by the percentage of responsibility assigned to them.


This means that even if an injured person contributed to the accident, they may still have the right to pursue compensation from other responsible parties.


How Missouri's Pure Comparative Fault System Works

When an accident occurs, insurance companies, attorneys, or a jury may evaluate the evidence and assign a percentage of fault to each party involved.


The injured person's total compensation is then reduced according to their percentage of fault.


Example 1 : 20% At Fault


Suppose an injured driver suffers $100,000 in damages from a car accident.


If that driver is found to be 20% responsible for the accident, their compensation would be reduced by 20%.


  • Total Damages: $100,000

  • Percentage of Fault: 20%

  • Compensation Received: $80,000


Example 2 : 90% At Fault


Missouri's pure comparative fault system can still allow recovery even when an injured person bears most of the responsibility.


For example:


  • Total Damages: $100,000

  • Percentage of Fault: 90%

  • Compensation Received: $10,000


While the recovery is significantly reduced, Missouri law does not automatically bar compensation simply because the injured person was primarily at fault.


Missouri vs. Illinois Comparative Fault Laws

Missouri's approach differs significantly from Illinois law.


Illinois follows a modified comparative fault system. Under Illinois law, an injured person generally cannot recover compensation if they are found to be more than 50% responsible for the accident.


Missouri, however, does not impose a similar cutoff. An injured party may still pursue compensation even when they bear a substantial portion of the blame.


This distinction can have a significant impact on the value and viability of a personal injury claim.


Why Fault Determinations Matter

The percentage of fault assigned in an accident can directly affect the amount of compensation available.


Insurance companies often investigate accidents carefully and may attempt to assign a greater share of responsibility to injured individuals in order to reduce potential payouts.


Evidence commonly used to determine fault may include:


  • Police reports

  • Witness statements

  • Traffic camera footage

  • Photographs and videos

  • Medical records

  • Accident reconstruction analysis

  • Expert testimony


Because fault determination can significantly impact the outcome of a claim, it is important to gather and preserve evidence as early as possible.


Common Cases Where Comparative Fault May Arise

Comparative fault issues frequently arise in:


  • Car accidents

  • Truck accidents

  • Motorcycle accidents

  • Pedestrian accidents

  • Bicycle accidents

  • Slip and fall claims

  • Premises liability cases

  • Wrongful death claims


Even if you believe you may have contributed to the accident, you should not automatically assume that you are ineligible for compensation.


Speak With a Missouri Personal Injury Attorney

Every accident is unique, and determining fault often involves a detailed analysis of the facts and evidence.


If you have been injured in an accident in Missouri, an experienced personal injury attorney can evaluate your case, explain how Missouri's pure comparative fault laws may apply, and help protect your right to pursue compensation.


At A & L, Licker Law Firm, LLC, we represent clients throughout Missouri and Illinois in a wide range of personal injury matters. Contact our office for a free consultation to discuss your legal options and learn how comparative fault may affect your claim.


DISCLAIMER: This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change regularly and the application of any rule depends on the specific facts of each case. For guidance regarding your specific situation, please contact A & L, Licker Law Firm, LLC directly.

 
 
 

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