A jury can find you responsible for 99% of the crash in Missouri, and you still collect the remaining 1%. Insurance adjusters don’t lead with that. They lead with the fault percentage assigned early, often before anyone has pulled the full police report, and they present it as if it were settled.
Missouri Follows Pure Comparative Fault
The rule traces back to Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), where the Missouri Supreme Court abandoned contributory negligence. Under the old rule, one percent of the blame on your side ended the case. The legislature codified the replacement at RSMo § 537.765, which provides that fault charged to the plaintiff reduces compensatory damages proportionally but does not bar recovery.
“Pure” is the operative word. Most states use a modified version that cuts recovery off at 50 or 51 percent, and several of Missouri’s neighbors do exactly that. Missouri sets no ceiling. Your share of fault reduces what you collect, and that is all it does.
Your Percentage Is Argued, Not Calculated
Nobody hands out fault percentages by formula. A jury assigns them, and before trial, an adjuster estimates what a jury would probably do. That estimate drives the offer sitting in front of you.
So, the number of injury claims in Jefferson County is disputed. Defense arguments usually sound like this:
- Speed – A few miles per hour over the speed limit is characterized as a contributing factor.
- Distraction – A claim often built on phone records, rather than any eyewitness testimony.
- Opportunity to avoid the accident – The defense claims that you had a chance to prevent the collision but failed to do so.
- Delayed treatment – This is recast by the defense as proof that your injuries were caused by something else entirely.
Every one of those is an argument, not a finding. Arguments are answered with photographs, black box data, scene measurements, and testimony.
The 51 Percent Rule Decides Who Actually Pays
When more than one party causes a crash, RSMo § 537.067 governs collection. If a defendant is found to be 51% or more at fault, they are jointly and severally liable for the entire judgment. Defendants below that line are only responsible for their own percentage.
The practical effect becomes evident when one driver is uninsured. If the insured defendant’s liability exceeds 51%, you can seek full compensation from that party. However, if the liability falls below 49%, you may only be able to recover a portion of the amount awarded by the jury.
A Seat Belt Argument Is Not a Fault Argument
Failure to wear a seat belt should not be considered as evidence of comparative negligence, but it may be used as a factor to reduce damages if the defendant can provide expert testimony that the seat belt contributed to the injuries claimed, and if the reduction is limited to a maximum of one percent of the total award, after all other factors have been taken into account.
Where the Law Stands in 2026
Missouri’s general deadline for personal injury suits remains at five years from the date of injury under RSMo § 516.120. This deadline has been under pressure for some time. House Bill 68 was passed by the Missouri House in 2025, but it was stalled in the Senate and negotiations over a shorter period continued into 2026. Wrongful death claims are still limited to three years and most medical malpractice claims are limited to two years.
Waiting for legislation is not a strategy. Evidence that disproves the fault percentage – dashcam footage, surveillance video, and downloadable vehicle data – disappears in months, not years.
Get the Fault Percentage Challenged Before You Sign Anything
The number that an adjuster assigns to your case is an initial position which can be negotiated in a way that most claimants are not aware of. Wegmann Law Firm has been representing clients from Jefferson County since 1947 with over 50 years of experience in personal injury, workers’ compensation, criminal defense and family law cases. Our personal injury lawyers examine how fault was assigned in your case, challenge the assumptions behind it and create a record that reduces that percentage. Schedule a consultation today to learn more.
