If you have been unfortunately involved in car wrecks, the aftermath is often a disorienting blur of police reports, insurance adjusters, and medical appointments. Just as you are trying to recover, you might receive a phone call from an insurance adjuster suggesting that the accident was “partially your fault.”
This isn’t just a passing comment; it is a calculated legal maneuver. Insurance companies are skilled at shifting blame to protect their bottom line. However, Missouri law, specifically the “Pure Comparative Fault” rule, is designed to protect your right to compensation. At Rah Law, we believe you deserve the truth about how this system works, and more importantly, how we fight to ensure you aren’t unfairly penalized for a situation you didn’t create. Want to learn more? Read this blog till the end.
What is Missouri’s “Pure Comparative Fault” Rule?
Many states operate under “modified” comparative fault systems. In those jurisdictions, if you are found to be more than 50% or 51% at fault for an accident, you are barred from recovering any damages at all.
Missouri is different. Under Missouri Revised Statutes § 537.765, we follow a pure comparative fault system. This is a more lenient and fair approach. In Missouri, you can recover damages for your injuries even if you are found to be 99% at fault. Your total recovery is simply reduced by the percentage of fault assigned to you.
While this system ensures that all parties involved are held accountable for their specific actions, it also creates a significant incentive for insurance adjusters to inflate your percentage of fault. If they can convince a jury or even an internal adjuster that you were 20% or 30% at fault, they effectively slash their liability by that same amount.
The Adjuster’s Playbook: How They “Weaponize” Fault
When you are injured, you are at your most vulnerable. Insurance adjusters often call you in those first critical days, using a tone of feigned concern. They may ask, “Did you see the other car before it hit you?” or “Were you going slightly over the speed limit?”
These are not innocent questions. They are fishing for evidence to assign you a percentage of fault. If they can pin 25% of the blame on you, they have saved their company 25% of the settlement value. This is a common tactic in high-volume “settlement mills” that prioritize quick, low-value payouts.
You should never accept an adjuster’s preliminary determination of fault as the final word. Their goal is to close the file as cheaply as possible, not to ensure you are fully compensated for your long-term recovery.
Our Approach: The “Counter-Investigation”
At Rah Law, we reject the narrative handed to us by insurance companies. We understand that finding the truth requires more than just reading a police report. We employ a rigorous Counter-Investigation strategy to protect your rights.
When we take on a case, we don’t wait for the insurance company to dictate the facts. Our trial-ready philosophy means we begin building your case as if it is going to court from day one. We look for:
Independent Surveillance & Digital Evidence
Police reports are often limited by what the officer saw at the scene. We look for what the camera saw. This includes traffic cameras, local business security footage, and even Ring doorbell cameras that may have captured the incident. We also act immediately to secure electronic data, such as “black box” information (Event Data Recorders) from the vehicles involved, which can prove speed and braking patterns.
Witness Verification
A police report is a summary, not a trial transcript. We track down witnesses to obtain detailed statements before their memories fade. Often, these conversations uncover critical details that were missed during the chaotic immediate aftermath of a collision.
Accident Reconstruction
When a fault is disputed, we consult with expert accident reconstructionists. These professionals use physics, engineering, and vehicle dynamics to prove what actually happened. They can demonstrate, for example, that the other driver was speeding or failed to yield, regardless of your actions.
When you need a trusted car wreck lawyer in Springfield, you need an advocate who isn’t afraid to challenge the official narrative. We don’t just “file a claim”; we build an evidence-based case that forces insurance companies to take your recovery seriously.
The “Trial-Ready” Advantage
You might wonder, “Why are you preparing for trial? I just want to settle this.”
The reality of legal negotiation is that your leverage comes from your willingness to go to trial. Insurance companies have teams of adjusters and defense lawyers whose job is to categorize law firms into two groups: “Settlement Mills” and “Litigation Firms.”
“Settlement Mills” are firms that accept whatever offer is on the table to keep their caseload volume high. Litigation firms, like Rah Law, are different. As our lawyer, Grant Steffen Rahmeyer and Judge Nancy Steffen Rahmeyer, prepare every case for the courtroom, the insurance companies know we aren’t bluffing. When they see we have the evidence and the readiness to present it to a jury, they are far more likely to offer a fair settlement.
Preparation is the best form of negotiation. We build your case to win at trial, and that is exactly how we maximize your settlement.
Why Springfield Residents Trust Rah Law
At Rah Law, you are not a file number. We have built our reputation on a foundation of bedside manner, clear communication, and unwavering advocacy. When you work with us, you deal directly with your attorneys. We explain the legal landscape, including how comparative fault might apply to your specific injuries, in plain, honest language.
We understand that you are going through the most difficult time of your life. We are here to handle the legal fight so you can focus on your recovery.
Choose Your Car Wreck Lawyer Wisely
Evidence disappears, memories fade, and the insurance company is already working to protect its interests. You need someone who is already working to protect yours.
Schedule your consultation with Rah Law today. Let us review the facts of your case. We will give you an honest assessment, explain how Missouri’s comparative fault laws apply to your specific situation, and show you why we are the firm that other lawyers trust.
Frequently Asked Questions
Can I still sue if I was partially at fault for my car accident in Missouri?
Yes. Missouri follows a “pure comparative fault” system. You can recover damages even if you are 99% at fault, though your total compensation will be reduced by your percentage of fault.
How do insurance companies decide my percentage of fault?
Adjusters often use police reports, witness statements, and your own recorded statements to assign a percentage of fault. They are financially motivated to inflate your fault percentage to lower the amount they have to pay.
Should I talk to the other driver’s insurance adjuster?
It is generally not advisable to speak with the other driver’s insurance company before consulting with an attorney. They may ask leading questions designed to make you admit fault.
Why is a “trial-ready” lawyer better than a standard personal injury lawyer?
A trial-ready lawyer prepares every case for the courtroom, not just for a settlement. Insurance companies are more likely to offer a fair settlement when they know your lawyer is fully prepared to take the case to a jury.
