Comparative Fault in Missouri: How Shared Responsibility Affects Your Case
What Is Comparative Fault in Missouri?
Missouri follows the pure comparative fault rule, which means that even if you are partially responsible for an accident, you can still recover damages. However, your compensation is reduced by your percentage of fault.
For example, if a jury finds you 20% at fault in a car accident that caused $100,000 in damages, you can still recover $80,000. This law aims to balance accountability and fairness, ensuring that no one loses their entire right to compensation simply because they share part of the blame.
The Law Office of Uhrig & Brown helps clients throughout Missouri navigate these complex laws to ensure insurance companies don’t unfairly inflate fault percentages to reduce payouts.
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Missouri’s Pure Comparative Fault Law Explained
The Missouri Supreme Court in 1983 decreed that, if possible, all future Missouri tort cases must apply the doctrine of pure comparative fault in accordance with the Uniform Comparative Fault Act (UCFA). The Supreme Court declared that "we supplant the doctrines of contributory negligence, last clear chance, and humanitarian negligence with a comprehensive system of comparative fault." Gustafson v. Benda, 661 S.W.2d 11 (Mo. 1983).
For cases involving dangerous products, however, Missouri Revised Statutes § 537.765 controls. It also establishes that Missouri operates under a pure comparative negligence system. This means:
Each party’s share of fault is calculated as a percentage.
Your total recovery is reduced by that percentage.
Even if you are 99% at fault, you can still claim 1% of your damages.
Missouri is very different from states that follow modified comparative fault, where plaintiffs lose compensation entirely if their fault exceeds 50%.
Our attorneys use expert analysis and evidence to minimize your assigned fault percentage and maximize your recovery.
Our attorneys use expert analysis and evidence to minimize your assigned fault percentage and maximize your recovery.
“My experience was a very good one. Kept me updated on my case and they were very nice. I would hire them again.”
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How Comparative Fault Impacts Missouri Car Accident Claims
In most car accident cases, insurance companies quickly try to assign blame to reduce payouts. Under comparative fault, they may argue:
You were speeding or distracted.
You failed to signal or maintain your lane.
You could have avoided the accident.
Our firm fights these tactics by collecting:
Traffic camera footage and police reports.
Witness statements and accident reconstruction.
Vehicle black box data and expert testimony.
We aim to establish the true extent of each party’s fault and ensure you aren’t unfairly penalized for circumstances beyond your control.
Comparative Fault and Other Personal Injury Cases
As explained above, comparative fault in Missouri doesn’t apply only to car accidents. It also affects:
Slip and fall accidents (e.g., if the injured person ignored a warning sign).
Product liability cases (e.g., misuse of a defective product).
Medical malpractice (e.g., if a patient failed to follow medical advice).
Understanding how fault is shared can drastically change the amount of compensation you receive in these cases. Our legal team carefully analyzes every contributing factor to protect your rights under Missouri’s comparative negligence laws.
Common Misconceptions About Comparative Fault
Myth: If I’m partly at fault, I can’t recover anything.
Fact: Missouri’s pure comparative fault law still allows recovery based on your degree of fault.
Myth: The insurance company’s fault assessment is final.
Fact: Their determination can be challenged through evidence and legal advocacy.
Myth: Comparative fault only applies to major crashes.
Fact: It applies to all personal injury cases in Missouri, regardless of severity.
How Uhrig & Brown Can Help You
At the Law Office of Uhrig & Brown, we’ve helped Missourians recover compensation even when the odds were stacked against them. Here’s what we do for our clients:
Investigate the incident thoroughly to establish accurate fault percentages.
Challenge insurance company reports and adjuster bias.
Use expert testimony to prove the other party’s negligence.
Negotiate or litigate aggressively to secure the maximum compensation possible.
We know Missouri’s courts and legal standards inside and out — and we put that knowledge to work for every client we represent.
Frequently Asked Questions
It means that no matter how much you contributed to an accident, you can still recover damages — but your award will be reduced based on your share of fault.
Fault is decided based on police reports, witness statements, accident reconstruction, and evidence presented by each side.
Each party’s share of responsibility is assessed individually, and damages are divided accordingly.
They can offer an assessment, but it’s not legally binding. An attorney can challenge an unfair fault determination through investigation and negotiation.
Serving Clients Across Missouri
The Law Office of Uhrig & Brown is proud to support individuals and families throughout Missouri. While our office is based in Ashland, our legal team represents clients in communities across the state, including:
Get in Touch
If you need legal assistance, don’t hesitate to get in touch with us. We offer a free consultation to discuss your case and explore how we can help you achieve a successful resolution. You can book an appointment right now with Attorney Matt Uhrig or Attorney Alex Brown or contact us today to schedule your consultation and take the first step toward addressing your legal needs with confidence and peace of mind.