How Comparative Fault Works in Missouri Car Accident Cases
On behalf of Harper, Evans, Hilbrenner & Netemeyer
July 28, 2025
Car crashes aren’t always black and white. In Missouri, fault isn't always pinned on just one driver. In fact, according to the Missouri State Highway Patrol’s 2023 crash data, there were over 145,000 motor vehicle crashes in the state, and many of them involved shared blame.
Here’s the kicker: even if you were partly at fault, you can still recover damages under Missouri comparative fault law. That’s right. Missouri is one of several states that use a pure comparative fault system. But if you don’t understand how that system works, you could walk away with far less than you deserve or nothing at all.
This article breaks it down in plain language. You’ll learn how Missouri comparative fault applies to real crash cases, how insurance companies use it to reduce payouts, and what steps you should take if you’ve been in a wreck. Let’s get into it.
What Is Comparative Fault?
Comparative fault is a legal rule that lets multiple parties share responsibility for an accident. Rather than placing full blame on one driver, it allows for percentages to be assigned to everyone involved. That percentage then directly affects how much money each party can recover in a lawsuit or insurance claim.
Missouri’s Legal Framework for Shared Fault
Missouri uses a pure comparative fault rule. This means any party can recover compensation, even if they were 99% at fault. Your recovery is reduced by your percentage of fault. For example, if your damages total $50,000 and you’re found 30% at fault, you can still collect $35,000.
This rule is codified under Missouri Revised Statutes §537.765. The courts and insurers follow this standard during litigation and claim negotiations.
How Fault Percentages Affect Your Compensation
Fault percentages directly reduce the amount of money you can recover. For example, if you suffer $100,000 in damages and are found 10% at fault, you can collect $90,000. If you’re 50% at fault, your recovery drops to $50,000.
And if you’re 80% at fault, you would only receive $20,000. Even small shifts in your assigned percentage can make a big difference in your final payout. That’s why it's important to have strong evidence and an attorney who knows how to argue for a fair assessment of fault.
Common Scenarios Involving Shared Liability
Fault isn’t always obvious. Here are a few Missouri-based examples where blame can be shared:
Rear-end collisions: If the lead driver had broken brake lights or stopped suddenly, they may carry part of the blame.
Intersection crashes: Two drivers may enter simultaneously and both fail to yield properly.
Multi-vehicle pileups: Chain reaction crashes often involve several at-fault drivers.
Left-turn accidents: The turning driver may be mostly at fault, but speeding or distracted oncoming traffic can shift fault percentages.
These shared-liability cases are where Missouri comparative fault rules really come into play.
Role of Evidence in Determining Fault
Evidence drives how fault is assigned. Without solid documentation, your percentage could go up and that can cost you money.
Key types of evidence include:
Police crash reports
Eyewitness statements
Surveillance and dashcam footage
Vehicle damage photos
Phone records showing distraction
Black box or electronic data recorders (EDRs)
Expert testimony (accident reconstruction)
Collecting and preserving evidence early can make or break your claim.
How Insurance Adjusters Use Comparative Fault
Insurance companies are trained to use Missouri comparative fault laws to reduce what they pay out. They’ll review your case and look for anything to pin a percentage of blame on you, even if it’s a stretch.
Examples of what they might argue:
You were distracted (e.g., phone use)
You were speeding slightly
You failed to brake soon enough
You didn’t wear a seatbelt
Once they assign fault to you, they reduce your payout. That’s why challenging those decisions with legal help is so important.
Real Missouri Case Examples
Comparative fault isn’t just legal theory. It’s applied in real Missouri courts every day. These examples show how fault percentages directly impact the outcome of car accident cases across the state.
Gustafson v. Benda (1983)
This landmark Missouri Supreme Court decision established the state’s pure comparative fault rule. The court held that a plaintiff who is partially at fault can still recover damages, reduced by their share of responsibility. This ruling reshaped how car accident liability is handled in Missouri and remains the standard today.
Personal Injury Verdict Example (2025)
In a recent Missouri jury verdict, a plaintiff injured in a multi-vehicle crash was found to be 20 percent at fault. The jury awarded $500,000 in total damages. Due to comparative fault, the final award was reduced to $400,000. This shows how even small fault percentages can cut into your recovery, especially in high-value cases.
What You Should Do After a Car Accident in Missouri
Call police immediately – Get a written crash report.
Document everything – Photos, videos, and witness names.
Don’t admit fault – Keep your comments neutral and fact-based.
Seek medical attention – Not just for health, but to document injuries.
Report the accident to your insurer – Stick to the facts.
Talk to an attorney before accepting any settlement
Why Legal Representation Matters in These Cases
Comparative fault gives insurance companies room to cut your compensation. Without a strong legal advocate, you might get stuck with an unfair percentage of blame and a lower payout.
Here’s how a car accident attorney helps:
Investigates the scene and gathers hard-to-find evidence
Brings in expert witnesses to assess accident dynamics
Pushes back on inflated fault claims from insurers
Negotiates from a position of strength
Files a lawsuit if you’re offered too little
Legal help often means the difference between a reduced settlement and full compensation.
Missouri Crash Stats and Risks
Car accidents remain a serious threat across Missouri’s roadways. According to the Missouri Department of Transportation (MoDOT), there were 1,057 traffic fatalities in 2023, the highest total in over a decade. These deaths occurred across highways, rural roads, and city intersections. And while fatality numbers are concerning on their own, the full crash total was significantly higher, with over 145,000 reported collisions statewide that year.
MoDOT attributes many of these accidents to speeding, distracted driving, impaired driving, and failure to yield. Nearly two-thirds of fatal crashes involved at least one risky driving behavior, such as texting behind the wheel or excessive speed.
Urban areas tend to see higher rates of multi-vehicle crashes, which is where comparative fault often comes into play. In cities like St. Louis, Kansas City, Columbia, and Springfield, drivers face congested roads, aggressive lane changes, and frequent stop-and-go traffic. This increases the chances of chain-reaction collisions, side impacts, and shared-responsibility wrecks.
Call Harper, Evans, Hilbrenner & Netemeyer
If you've been in a car accident, don’t let insurance companies use Missouri comparative fault rules against you. Whether you were 10% or 90% at fault, you still have rights and you may still be entitled to money.
The attorneys at Harper, Evans, Hilbrenner & Netemeyer know how to handle these cases. We’ll fight to keep your fault percentage low and maximize your recovery.
Call us today for a free consultation.
