You’re driving home from work, slightly exceeding the speed limit. Suddenly, another driver runs a stop sign and collides with your vehicle. Both you and the other driver sustained injuries and vehicle damage. In this scenario, who’s responsible? In Missouri, the answer isn’t always black and white—and that’s where comparative fault comes into play.
When Both Parties Share Responsibility: Missouri’s Approach
Car accidents rarely have a single cause. Often, multiple factors—and multiple drivers—contribute to a collision. Missouri recognizes this reality through its “pure comparative fault” system, which allows injured parties to recover damages even when they’re partially responsible for the accident.
Unlike some states that follow “contributory negligence” rules (which bar recovery if you’re even 1% at fault) or “modified comparative fault” (which prevents recovery if you’re more than 50% responsible), in Missouri you can seek compensation regardless of your level of fault—even if you’re 99% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
How Is Fault Determined in Missouri Car Accidents?
When multiple parties share responsibility for an accident, determining the exact percentage of fault becomes crucial. In Missouri, several factors help establish these percentages:
- Police Reports: The responding officer’s assessment of the accident scene, including observations about traffic violations, road conditions, and driver statements
- Witness Statements: Accounts from people who saw the accident occur
- Physical Evidence: Skid marks, vehicle damage patterns, and road conditions
- Traffic Laws: Whether either driver violated traffic laws (speeding, running a stop sign, etc.)
- Expert Analysis: In complex cases, accident reconstruction specialists may provide professional opinions on fault distribution
The fault determination process isn’t always straightforward. Insurance companies, judges, and juries all play roles in establishing fault percentages—often with differing opinions.
What Should You Do After an Accident Where Fault May Be Shared?
When you’re involved in an accident where responsibility might be shared:
- Ensure safety first: Check for injuries and move to a safe location if possible
- Call the police: An official report will be valuable for establishing fault
- Document everything: Take photos of vehicle damage, the accident scene, and any visible injuries
- Gather witness information: Collect names and contact details from anyone who saw the accident
- Seek medical attention: Even if injuries seem minor, get checked out by a medical professional
- Be careful what you say: Avoid admitting fault or making statements that could be interpreted as accepting blame
- Notify your insurance company: Report the accident promptly, but stick to the facts
- Consider legal representation: When fault is disputed, having a personal injury attorney can make a significant difference
Insurance Company Tactics in Comparative Fault Cases
Be aware that insurance companies have financial incentives to increase your percentage of fault. Common tactics include:
- Taking statements out of context
- Pressuring you to give recorded statements before you’ve had time to process the accident
- Misinterpreting police reports
- Downplaying the other driver’s responsibility
- Making quick, lowball settlement offers before you fully understand your damages
When an insurance adjuster contacts you, remember that their job is to minimize their company’s payout. Anything you say could potentially be used to increase your fault percentage.
Why Legal Representation Matters
When fault is shared, having a personal injury attorney can be particularly valuable. An attorney can:
- Conduct an independent investigation of the accident
- Gather evidence to minimize your fault percentage
- Handle communications with insurance companies
- Negotiate for fair compensation based on appropriate fault distributions
- Take your case to trial if necessary
The difference between being assigned 40% fault instead of 60% can mean thousands of dollars in your settlement. Having someone advocate specifically for your interests helps ensure the fault distribution is fair and accurate.
Time Limitations for Filing Claims in Missouri
If you’re considering legal action after a car accident with shared fault, be aware of Missouri’s time limitations.
However, waiting too long can complicate your case. Evidence disappears, witnesses’ memories fade, and insurance companies become less willing to negotiate. It’s generally best to consult with an attorney as soon as possible after an accident.
How Joint and Several Liability Affects Shared Fault Cases
Missouri’s approach to joint and several liability also impacts comparative fault cases. Defendants who are found to bear 51% or more of the fault can be held responsible for the full amount of the judgment, minus the plaintiff’s percentage of fault.
This becomes important in multi-vehicle accidents or cases involving both drivers and other parties (such as vehicle manufacturers or government entities responsible for road conditions).
Key Takeaways
- Missouri follows a “pure comparative fault” system that allows recovery even when you’re partially at fault
- Your compensation is reduced by your percentage of responsibility for the accident
- Evidence like police reports, witness statements, and expert analysis helps determine fault percentages
- Insurance companies may try to increase your percentage of fault to reduce their payout
- Prompt action is important due to time limitations on filing claims
- Having legal representation can help ensure a fair fault distribution
Frequently Asked Questions
Can I still recover damages if I’m found to be mostly at fault for an accident in Missouri?
Yes. Unlike some states, Missouri’s pure comparative fault system allows recovery regardless of your fault percentage. However, your compensation will be reduced accordingly.
How is the percentage of fault determined after a car accident?
Fault percentages are determined based on police reports, witness statements, physical evidence, traffic laws, and sometimes expert analysis. Insurance adjusters, attorneys, judges, and juries may all play roles in this determination.
Will my insurance rates increase if I’m partially at fault?
Possibly. Insurance companies have their own policies regarding rate increases after accidents. Being partially at fault may result in some increase, but the specific amount varies by insurer.
Should I accept the insurance company’s initial settlement offer?
Generally, it’s not advisable to accept the first offer without consulting an attorney, especially in cases involving shared fault. Initial offers rarely account for the full extent of your damages.
What if the other driver’s insurance company says I’m more at fault than I believe I am?
You have the right to dispute their fault assessment. Documentation, witness statements, and legal representation can help challenge unfair fault attributions.
Does comparative fault apply to all types of damages?
Yes, Missouri’s comparative fault rule applies to all types of damages, including medical expenses, lost wages, property damage, and pain and suffering.
How long do I have to file a claim for a car accident in Missouri?
For personal injury claims, you generally have five years from the date of the accident under Missouri’s statute of limitations. For property damage claims, the same five-year limit applies.
Contact Noland Law Firm For Help With Your Case
Navigating Missouri’s comparative fault system can be complex, especially when insurance companies are working to minimize their payouts. At Noland Law Firm, LLC, we have helped countless Kansas City residents receive fair compensation after accidents involving shared fault.
If you’ve been injured in a car accident—even if you believe you might have been partially responsible—we can help ensure your rights are protected and that you receive the compensation you deserve. Our attorneys thoroughly investigate each case, gather compelling evidence, and fight for appropriate fault distributions.
Don’t let concerns about shared responsibility prevent you from seeking the compensation you need. Contact Noland Law Firm today for a free, no-obligation consultation to discuss your case. We’re ready to fight for your interests and help you move forward after your accident.
