What comparative fault means for you

Many accidents are not 100 percent one person’s fault. Maybe the other driver ran a red light, but you were going a little fast. Maybe the store left a spill, but you were looking at your phone.

In some states, being partly at fault can wipe out your claim. Missouri is kinder than that. Here, your share of the blame only lowers what you get. It does not block you from getting anything.

The Supreme Court of Missouri adopted this rule in 1983. For injuries caused by products, a state law says the same thing (RSMo § 537.765).

How the math works

If your case goes to trial, the jury decides two things. First, how much money your losses are worth. Second, what percent of the blame each person carries.

The same idea shapes settlement talks. An insurance company that thinks you share the blame will offer less. That is why proof about what really happened matters so much. Photos, witness names and early medical records can all push the percentages toward the truth.

When more than one person is at fault

Sometimes two or more people cause your injury. The people you sue are called defendants. Missouri has a rule about how they share the bill (RSMo § 537.067).

• A defendant who is 51 percent or more at fault can be made to pay the whole amount. You can collect all of it from that one defendant.
• A defendant who is less than 51 percent at fault usually pays only its own share.
• An employer is still responsible for the share of its employee.
• Punishment money, called punitive damages, is always split by each defendant’s share.

Why does this matter to you? Say one driver has very little insurance. Whether another driver is found 51 percent at fault can decide how much you actually collect.

The jury is not told about this rule when it assigns the percentages.

Settling with one person but not another

You might settle with one person and keep suing another. Missouri law covers this (RSMo § 537.060).

Settling with one person does not let the others off the hook, unless your settlement papers say so. But the amount you received is subtracted from what the others owe.

Read settlement papers closely. Some are written so broadly that they release everyone. Before you sign anything, read our guide on talking to insurance adjusters.

Common fault arguments

Insurance companies raise the same fault arguments again and again:

• Speed, phone use, seat belts and following too closely in car accident cases.
• Whether a danger was easy to see in slip and fall cases.
• Lane position and visibility in motorcycle and bicycle cases.
• Whether a walker was in a crosswalk in pedestrian cases.

An adjuster who says you were “partly at fault” is making an argument. It is not a final decision. A jury decides fault based on the evidence.

Words you may hear

• Negligence: carelessness that causes harm. Most injury claims are based on it.
• Plaintiff: the person who files the lawsuit. If you were hurt and you sue, that is you.
• Defendant: the person or company being sued.
• Percentage of fault: the share of blame the jury gives each person. All the shares add up to 100.
• Settlement: an agreement to end the claim for an amount of money, without a trial.

What you can do to protect yourself

1. Take photos of the scene, the cars and any hazard before things change.
2. Get names and phone numbers of anyone who saw what happened.
3. Get medical care right away and tell your doctor how you were hurt.
4. Do not guess or apologize about fault at the scene or on the phone.
5. Talk with a lawyer before you give the other side a recorded statement.

Proof gathered in the first few weeks can shape the fault question years later.

Common questions

Related reading

• What to do after a car accident in Missouri
• Talking to insurance adjusters
• Injuries from unsafe products
• Car accident help