Accidents are not always black and white. In many cases, more than one person shares responsibility for what happened. If you were hurt in a crash or another type of personal injury accident in Missouri, you may be wondering—what happens if you were partly to blame? The good news is that Missouri law still allows you to recover compensation, even if you were at fault for the accident. That’s because the state follows a “pure comparative fault” system that adjusts your damages based on your share of responsibility.
What is Missouri’s Pure Comparative Fault Rule?
Missouri follows what’s known as a pure comparative fault system. This means that when more than one person is responsible for an accident, each party is assigned a percentage of fault, and their compensation is reduced accordingly.
Let’s break that down with a simple example:
Picture yourself in a car accident. The other driver disregarded a red light, yet you were exceeding the speed limit at the time. A jury might determine that the other driver was 60% at fault, while you were 40% at fault. If your total damages were $100,000, your award would be minimized by 40%, meaning you’d receive $60,000.
This system stands in contrast to modified comparative fault rules used in some other states, where you may be barred from any recovery if you’re more than 50% at fault. In Missouri, even if you’re found to be 99% at fault, you can still technically recover 1% of your damages.
How Fault Is Determined
Assigning fault in an accident is not always straightforward. It often involves:
- Police reports
- Photographs or video footage
- Witness statements
- Expert analysis, such as accident reconstruction
Insurance companies will also carry out their own investigation and may attempt to place additional blame on you to decrease the amount they owe. That’s one reason why it’s important to have experienced legal representation—to push back against unfair fault allocations and ensure your side of the story is fully considered.
Common Situations Where Partial Fault Arises
Partial fault often comes up in everyday accident scenarios. For example:
- Rear-end collisions where the front driver suddenly slammed on the brakes
- Pedestrian accidents where the pedestrian crossed outside of a marked crosswalk
- Slip and fall incidents where a person was not watching where they were going, but the hazard was not marked
Each of these situations involves shared responsibility, and how that responsibility is divided can significantly impact the outcome of a claim.
What You Should Do After an Accident
If you believe you may be partially at fault—or if someone is accusing you of being partially to blame—there are steps you can take to protect your rights:
- Do not admit fault at the scene or to an insurance adjuster
- Document everything, including taking photos, getting witness names, and writing down what happened
- Seek medical attention promptly
- Consult with a personal injury attorney before speaking with the other party’s insurance company
Even a simple comment, such as “I’m sorry,” may be perceived as an acknowledgment of wrongdoing, so it’s wise to be cautious about what you say and to whom.
Speak With a Missouri Injury Lawyer Today
Being partially at fault doesn’t mean you’re out of options. Under Missouri law, you may still be entitled to pursue compensation for your injuries, property damage, and other losses—even if you made a mistake.
That is why if you’ve been involved in an accident and are unsure of your next steps, please contact Wegmann Law Firm today to schedule a consultation. Let us help you understand your rights and the best path forward.
