Have you ever wondered if being partly responsible for a crash means you cannot recover compensation?
Many people assume that even a small mistake during a car accident automatically prevents them from recovering financially. That is not how Missouri law works. Missouri follows a pure comparative fault rule, which means you may still recover damages even if you share responsibility for the collision. However, the amount you receive as a claim can be reduced based on your percentage of fault.
Understanding how this law applies can make a significant difference when filing a claim. At Raw Law in Springfield, we help injured individuals understand their legal rights and build strong, evidence-supported claims. If you need guidance after a crash, speaking with a car wrecks lawyer in Springfield early can help protect your interests from the beginning.
What Is Missouri’s Comparative Fault Law?
Missouri follows the doctrine of pure comparative fault.
Under this rule:
- Every party involved in the accident is assigned a percentage of fault.
- Your percentage of responsibility reduces your compensation.
- You can still recover damages even if you are mostly at fault.
Even if you are found partly responsible for an accident, Missouri law still gives you the opportunity to pursue compensation, with your recovery reflecting your degree of fault instead of preventing your claim entirely.
How Does Comparative Fault Affect Compensation?
The insurance company, opposing attorneys, or a jury may determine how much responsibility each party shares.
For example:
Suppose your total damages equal $100,000.
If you are found:
- 10% responsible, you may recover $90,000.
- 25% responsible, you may recover $75,000.
- 40% responsible, you may recover $60,000.
- 70% responsible, you may still recover $30,000.
Because every percentage point matters, proving fault accurately becomes one of the most important parts of any car accident claim.
Why Fault Is Often Disputed
Insurance companies rarely accept full responsibility without investigation.
They may argue that you:
- Were driving too fast
- Failed to maintain a safe distance
- Changed lanes improperly
- Ignored traffic signs
- Were distracted
- Failed to avoid the collision
Even when another driver clearly caused the crash, insurers often attempt to increase your percentage of fault to reduce what they pay.
Evidence That Can Reduce Your Share of Fault
Strong evidence often determines whether fault is fairly assigned.
Helpful evidence includes:
- Police Reports
Official reports document important details, witness information, and the responding officer’s observations.
- Photographs
Pictures of:
- Vehicle damage
- Road conditions
- Skid marks
- Traffic signals
- Debris
can help reconstruct what happened.
- Witness Statements
Independent witnesses frequently provide unbiased accounts that strengthen your claim.
- Traffic Camera Footage
Video evidence often removes uncertainty and clearly shows how the collision occurred.
- Medical Records
Prompt medical treatment helps establish that your injuries resulted from the car accident, not another event.
- Accident Reconstruction
In more complex cases, professionals may analyze speed, impact angles, braking distance, and roadway conditions.
Common Situations Where Comparative Fault Applies
Comparative fault can arise in many different crashes.
Examples include:
- Rear-end collisions involving sudden braking
- Left-turn collisions
- Multi-vehicle crashes
- Intersection accidents
- Highway merging collisions
- Parking lot incidents
Each situation requires careful review of the available evidence before fault percentages are assigned.
How Insurance Companies Use Comparative Fault
Insurance adjusters often look for reasons to shift blame.
They may claim you:
- Delayed braking
- Were not paying attention
- Failed to react properly
- Were partially responsible for your injuries
- Could have avoided the collision
These arguments may seem minor, but they can significantly reduce your settlement.
This is one reason many injured individuals consult a car wrecks lawyer in Springfield before accepting any settlement offer.
What You Should Do After a Crash
Taking the right steps early can strengthen your claim.
You should:
- Call law enforcement.
- Seek immediate medical care.
- Take photographs of the scene.
- Gather witness contact information.
- Avoid admitting fault.
- Notify your insurance company.
- Preserve all medical bills and repair estimates.
- Speak with legal counsel before providing recorded statements.
Even simple comments made immediately after a car accident may later be used to argue that you accepted responsibility.
Why Legal Guidance Matters in Comparative Fault Cases
Comparative fault claims often involve extensive investigation and negotiation.
Legal representation may help by:
- Gathering critical evidence
- Reviewing police reports
- Interviewing witnesses
- Consulting accident reconstruction specialists
- Negotiating with insurance companies
- Challenging unfair fault assessments
- Calculating current and future damages
During complicated claims, Raw Law works to present evidence that accurately reflects what happened. Our experienced lawyer, Grant Steffen Rahmeyer, understands how detailed investigations can make a meaningful difference when fault is disputed.
Can Comparative Fault Affect Every Type of Damage?
Comparative fault may reduce compensation for:
- Medical expenses
- Lost income
- Future medical treatment
- Reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Because fault impacts nearly every category of damages, accurate evidence remains essential throughout the claim process.
Mistakes That May Reduce Compensation
Avoid these common errors after a car accident:
- Waiting too long to seek medical treatment
- Posting about the crash on social media
- Giving recorded statements without preparation
- Accepting the first settlement offer
- Ignoring follow-up medical appointments
- Throwing away receipts or documentation
Each mistake may provide insurers with additional arguments to increase your percentage of fault.
Every Percentage of Fault Matters When Your Recovery Is at Stake
Missouri’s comparative fault law allows injured individuals to pursue compensation even when they share some responsibility for a collision. However, the amount recovered depends heavily on how fault is determined. A careful investigation, strong documentation, and strategic legal guidance can make a meaningful difference in the outcome.
If you have questions about your claim, the team at Raw Law is ready to help you understand your options. Whether your case involves disputed liability or complex evidence, you can receive guidance from Grant Steffen Rahmeyer and Judge Nancy throughout the legal process.
If you need an experienced car wrecks lawyer in Springfield, don’t wait to protect your rights. Book your consultation today.
Frequently Asked Questions
1. Can I recover compensation if I was partly responsible for the crash?
Yes, Missouri’s comparative fault rule allows injured individuals to recover damages even if they share responsibility. Speaking with a legal professional can help determine how fault may affect your claim.
2. How is fault determined after a collision?
Fault is based on evidence such as police reports, photographs, witness statements, and other available records. A thorough legal review can help challenge unfair fault assessments.
3. Can the insurance company increase my percentage of fault?
Insurance companies may argue that your actions contributed to the collision. Legal guidance can help present evidence that supports a fair evaluation of responsibility.
4. Should I accept the insurance company’s first settlement offer?
Not always. Early offers may not fully reflect your losses or account for future expenses. Having your claim reviewed before accepting a settlement can help protect your financial recovery.
5. When should I seek legal help after a collision?
It is generally beneficial to seek legal guidance as soon as possible. Early action helps preserve evidence, protect your rights, and improve the overall handling of your claim.
