If you’ve been injured in an accident in St. Louis and share some responsibility for what happened, you might think you can’t recover compensation. That’s not true under Missouri law. Missouri follows a pure comparative fault system that allows you to recover damages even if you were partially at fault—or even mostly at fault. Understanding how this works is critical to protecting your rights and maximizing your recovery after an accident.
The Dixon Injury Firm’s award-winning legal team has recovered over $60 million for St. Louis injury victims, including cases where our clients shared some fault for their accidents. Attorney Chris Dixon lives in St. Louis and raises his family here—his children attend local schools—so when we fight for you, we’re fighting for our neighbors. We’ve taken on some of the biggest insurance companies in Missouri and won, even when they tried to blame our clients to reduce payouts. Call (314) 208-2808 today for a free, no-obligation consultation. You pay nothing unless we win.
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Comparative fault—also called comparative negligence—is a legal doctrine that determines how much compensation an injured person can recover when multiple parties share responsibility for an accident. Missouri Revised Statutes § 537.765 establishes Missouri’s comparative fault system.
Under this law, the court assigns each party involved in an accident a percentage of fault based on their contribution to causing the incident. Your compensation is then reduced by your percentage of fault. This applies to all personal injury claims in Missouri, including car accidents, slip and fall cases, motorcycle crashes, pedestrian accidents, and more.
The key difference between Missouri’s system and other states’ systems is that Missouri uses pure comparative fault. This means you can recover damages even if you were 99% at fault for the accident. Your recovery is simply reduced by your percentage of responsibility.
Missouri’s pure comparative fault system is more favorable to injury victims than the modified comparative fault systems used in many other states. Here’s how it works in practice.
Unlike states with modified comparative fault laws—which bar recovery if you’re 50% or 51% or more at fault—Missouri allows recovery regardless of your fault percentage. If you’re 80% at fault, you can still recover 20% of your damages. If you’re 10% at fault, you recover 90% of your damages.
This is why you should never assume you don’t have a case just because you contributed to the accident. The insurance company may tell you that you can’t recover anything because you share fault. That’s often a tactic to get you to abandon your claim.
The calculation is straightforward: Your total damages are reduced by your percentage of fault.
Example 1: You’re injured in a car accident and your total damages are $100,000. You’re found to be 25% at fault for the accident because you were traveling slightly over the speed limit. Your recovery would be $75,000 ($100,000 minus 25%).
Example 2: You slip and fall in a store and suffer $50,000 in damages. The jury determines you were 60% at fault for looking at your phone while walking, but the store was 40% at fault for failing to clean up a spill or post warning signs. You would recover $20,000 (40% of $50,000).
Example 3: You’re hit by a car while crossing the street as a pedestrian. Your damages total $200,000. You’re found 10% at fault for crossing mid-block rather than at a crosswalk, while the driver was 90% at fault for texting while driving. You would recover $180,000 (90% of $200,000).
The Dixon Injury Firm has successfully handled numerous cases involving shared fault. Our experience includes negotiating with insurance companies that try to inflate your fault percentage to reduce their payout. With 25+ years of combined legal experience, we know how to counter these tactics and protect your recovery.
Understanding Missouri’s system helps you appreciate how favorable it is compared to other states:
Pure Comparative Fault (Missouri and 12 other states): You can recover damages no matter your fault percentage, reduced proportionally.
Modified Comparative Fault (51% bar): Some states bar recovery if you’re 51% or more at fault. If you’re 50% at fault, you can recover 50% of damages. If you’re 51% at fault, you recover nothing.
Modified Comparative Fault (50% bar): Other states bar recovery if you’re 50% or more at fault. If you’re 49% at fault, you recover 51% of damages. If you’re 50% or more at fault, you recover nothing.
Contributory Negligence (4 states and DC): In these jurisdictions, if you’re even 1% at fault, you recover nothing.
Missouri’s pure comparative fault system gives injury victims the best chance to recover compensation even when they share some responsibility for an accident.
Comparative fault issues arise in many types of accidents. Here are situations where fault is commonly disputed in St. Louis injury cases.
Many car accidents involve questions of shared fault. Common scenarios include:
Rear-end collisions: The driver who hits from behind is usually at fault, but if the front driver suddenly reversed or had broken brake lights, they might share fault.
Intersection accidents: When two drivers enter an intersection and collide, determining who had the right-of-way and who failed to yield can result in shared fault findings.
Lane change accidents: If one driver changes lanes without signaling and another driver was speeding, both may share fault for a resulting collision.
Left-turn accidents: A driver turning left across traffic is typically at fault, but if the oncoming driver was speeding excessively or ran a red light, fault may be shared.
Insurance companies frequently try to shift fault onto injury victims in car accident cases. They’ll claim you were distracted, speeding, or failed to take evasive action. Having an experienced attorney who knows how to investigate the accident and gather evidence is critical to establishing accurate fault percentages.
Motorcycle accidents often involve bias against riders. Insurance adjusters and even juries sometimes assume motorcyclists were speeding or driving recklessly, even when they weren’t.
In motorcycle crash cases, insurance companies may try to assign fault to the rider for:
These tactics are designed to reduce the insurance company’s payout. An attorney experienced in motorcycle accident cases knows how to counter these biases and prove that the other driver’s negligence—not the motorcyclist’s actions—caused the crash.
Pedestrian accidents in St. Louis frequently involve comparative fault arguments. Drivers and their insurance companies often claim the pedestrian:
Even when these factors are present, drivers still have a duty to watch for pedestrians and exercise reasonable care. In most pedestrian accident cases, the driver bears the majority of fault because vehicles are inherently more dangerous and drivers have greater responsibility to avoid collisions.
Our firm has successfully represented pedestrians who were crossing mid-block or at night, proving that the driver’s negligence—excessive speed, distraction, or impairment—was the primary cause of the accident.
Property owners and their insurance companies almost always argue comparative fault in slip and fall cases. They claim you:
Missouri law does require that you exercise reasonable care for your own safety. However, property owners have a duty to maintain safe premises and warn of hazards. The question becomes: Was the hazard obvious, or did the property owner’s negligence create a dangerous condition that you couldn’t reasonably have avoided?
Don’t let the insurance company convince you that your slip and fall accident was entirely your fault. These cases require careful investigation of the property owner’s knowledge of the hazard, how long it existed, and whether adequate warnings were provided.
Determining fault percentages is not a precise science. It involves evaluating evidence, applying Missouri traffic laws and negligence principles, and making judgments about what each party should have done differently.
Multiple types of evidence help determine who was at fault and to what degree:
Police reports: Officer observations and any citations issued can influence fault determinations, though they’re not conclusive.
Witness statements: Independent witnesses provide valuable third-party perspectives on how the accident happened.
Photos and video: Images from accident scenes, security cameras, dashcams, and traffic cameras can show exactly what happened.
Physical evidence: Vehicle damage, skid marks, debris fields, and property damage all tell a story about the mechanics of the accident.
Expert testimony: Accident reconstructionists, engineers, and other experts can analyze evidence and provide opinions on how the accident occurred and who was at fault.
Traffic laws: Violations of Missouri traffic statutes create presumptions of negligence.
Medical records: Injury patterns can corroborate or contradict accounts of how an accident happened.
The Dixon Injury Firm invests in thorough accident investigations. We’ve worked with leading accident reconstruction experts and medical professionals to build strong cases that accurately establish fault. Our team knows what evidence to look for and how to use it effectively in negotiations or at trial.
The determination of fault percentages happens at different stages depending on how your case proceeds:
Insurance adjuster evaluation: Initially, insurance adjusters for both sides will evaluate the evidence and assign fault percentages. These are often biased in favor of their own insured.
Settlement negotiations: During negotiations, your attorney and the insurance company will dispute fault percentages. Your attorney’s job is to minimize your assigned fault and maximize the other party’s responsibility.
Jury determination: If your case goes to trial, the jury will hear all the evidence and determine each party’s percentage of fault. The judge will instruct the jury on Missouri’s comparative fault law and how to apply it.
Comparative fault instructions: In a trial, the jury receives special verdict forms asking them to determine the total damages and each party’s percentage of fault. The court then calculates your recovery by reducing your damages by your fault percentage.
Most personal injury cases settle before trial, which means fault percentages are usually determined through negotiation between your attorney and the insurance company. Having a lawyer who understands how to prove fault and counter the insurance company’s arguments is critical to maximizing your settlement.
Insurance companies love Missouri’s comparative fault system because it gives them a tool to reduce payouts. Here are common tactics they use.
Insurance adjusters routinely assign injury victims higher fault percentages than the evidence supports. They’ll claim you were 60% at fault when the evidence really shows 20% fault. Many accident victims don’t know how to challenge these assessments and accept reduced settlements.
The adjuster’s initial fault determination is just an opening position in a negotiation. An experienced attorney will present evidence and legal arguments to challenge inflated fault percentages and negotiate a more accurate assessment.
Anything you say to an insurance adjuster can be used to establish your fault. They’ll ask seemingly innocent questions designed to get you to admit fault:
Even truthful answers can be twisted to suggest you were at fault. This is why you should never give a recorded statement to the other driver’s insurance company without consulting an attorney first.
If you received a traffic citation after the accident, the insurance company will use it as strong evidence of your fault. However, a citation doesn’t automatically determine fault percentages, and sometimes officers issue tickets based on incomplete information.
Your attorney can challenge the citation and present evidence showing that even if you violated a traffic law, the other party’s negligence was the primary cause of the accident.
Insurance companies sometimes argue that even if they’re mostly at fault for the accident, you’re partially at fault for your injuries because you:
Missouri courts have held that failure to wear a seatbelt generally can’t be used to reduce your recovery for injuries, though it can be relevant in wrongful death cases. Helmet laws and other safety equipment issues are more complex and depend on the specific circumstances.
Don’t let insurance adjusters intimidate you with these arguments. Contact The Dixon Injury Firm at (314) 208-288 for a free case evaluation. We’ll review the facts of your case and explain how Missouri’s comparative fault law applies to your specific situation.
Understanding how fault percentages impact your settlement helps you evaluate offers and make informed decisions about your case.
When the insurance company makes a settlement offer, they’ve already factored in their assessment of comparative fault. For example:
If your damages total $100,000 and the insurance company believes you’re 40% at fault, they may offer $60,000 (or less, because they also want to pay less than full value even after the fault reduction).
Your attorney’s job is to challenge both components: the total value of your damages and the fault percentage. Often insurance companies undervalue damages AND overstate your fault percentage to minimize their payout.
Before you can understand how comparative fault affects your case, you need to know the full value of your damages. This includes:
Economic damages:
Non-economic damages:
Insurance companies often make lowball offers that undervalue both your total damages and your net recovery after comparative fault. An experienced personal injury attorney knows how to properly value your case and won’t let the insurance company shortchange you on either calculation.
If the insurance company claims you share fault for your accident, take these steps to protect your legal rights.
Immediately after an accident, your adrenaline is high and you may not fully understand what happened. Don’t apologize or make statements like “I didn’t see you” or “I wasn’t paying attention.” These statements can be used as admissions of fault.
Stick to the facts when speaking with police: what you observed, where you were going, and the sequence of events as you experienced them. Leave fault determinations to the investigation.
The better your documentation, the stronger your case for minimizing your fault percentage:
At the accident scene:
After the accident:
You’re required to cooperate with your own insurance company under your policy, but you should have an attorney present before giving a recorded statement. You have no obligation to give a statement to the other driver’s insurance company.
Insurance adjusters are trained to ask questions that elicit answers they can use to establish your fault. They’re not on your side, even when they sound sympathetic.
Once you accept a settlement and sign a release, you give up the right to pursue any further compensation—even if you later discover your injuries are more serious than you thought or your fault percentage was inflated.
Before you accept any offer, have an experienced personal injury attorney review it. At The Dixon Injury Firm, we provide free case evaluations. We’ll tell you honestly whether an offer is fair or whether you should negotiate for more.
Cases involving disputed fault are more complex than straightforward liability cases. Here’s why having an experienced attorney matters.
The Dixon Injury Firm conducts thorough investigations of every accident we handle. We work with accident reconstruction experts, obtain surveillance footage, interview witnesses, and gather evidence that accurately establishes how the accident happened and who was responsible.
We’ve successfully represented clients in cases where the insurance company initially claimed they were majority at fault. Through detailed investigation and presentation of evidence, we’ve proven that our clients’ fault was minimal or that they weren’t at fault at all.
Missouri’s pure comparative fault statute seems straightforward, but applying it to real-world accidents requires detailed knowledge of Missouri case law, evidence rules, and trial procedures. Our attorneys have handled thousands of personal injury cases throughout Missouri and understand how courts apply comparative fault principles.
We know the arguments insurance companies make and how to counter them effectively. We understand how juries in St. Louis City, St. Louis County, and surrounding counties typically evaluate fault in different types of accidents.
Insurance companies have teams of adjusters and lawyers working to minimize payouts. They’re counting on you not knowing your rights or not having the resources to fight back.
The Dixon Injury Firm has taken on some of the biggest insurance companies in Missouri and recovered over $60 million for our clients. We’re members of the Million Dollar Advocates Forum—the top 1% of trial lawyers in the United States. Insurance companies know our reputation and know we’re not afraid to take a case to trial if they won’t make a fair settlement offer.
Attorney Chris Dixon isn’t just a St. Louis lawyer—he’s a St. Louisan who lives here and raises his family here. His children attend local schools. When he represents you, he’s representing a neighbor, because we’re all part of this community.
We understand St. Louis roads and intersections. We know the challenges pedestrians face downtown and in entertainment districts. We’re familiar with the high-traffic areas where accidents frequently occur. This local knowledge helps us build stronger cases and present more compelling arguments about how accidents happen in our community.
When insurance companies from out of state try to minimize your claim, they’re dealing with a local firm that knows the territory and fights for the people who live here. We’re your neighbors, your friends, your fellow St. Louisans—and we’re on your side.
Contact The Dixon Injury Firm today at (314) 208-2808 for a free, no-obligation consultation. We’ll review your case, explain how Missouri’s comparative fault law applies to your situation, and give you honest advice about your legal options. You pay nothing unless we win your case.
Don’t let the insurance company use Missouri’s comparative fault law against you. Just because you share some responsibility for an accident doesn’t mean you can’t recover significant compensation for your injuries.
The award-winning legal team at The Dixon Injury Firm has the experience, resources, and track record to fight for maximum compensation even when fault is disputed. We’ve recovered over $60 million for injury victims throughout St. Louis and Missouri, including cases where insurance companies initially tried to blame our clients.
We handle all personal injury cases on a contingency fee basis—no fee unless we win. That means you risk nothing by contacting us to discuss your case. We offer free consultations where we’ll review the facts of your accident, explain your legal rights, and provide honest advice about the strength of your case.
Call (314) 208-2808 now or contact us online to schedule your free case evaluation. Time matters in personal injury cases—evidence disappears, witnesses’ memories fade, and Missouri’s statute of limitations gives you only five years from the date of injury to file a lawsuit. Don’t wait until it’s too late to protect your rights.
Let The Dixon Injury Firm fight for the compensation you deserve. Your case is important to us because you’re not just a client—you’re our neighbor.
Missouri follows pure comparative fault under RSMo § 537.765, which means you can recover damages even if you were partially at fault for an accident. Your compensation is reduced by your percentage of fault, but you can still recover even if you were 99% at fault. For example, if your damages total $100,000 and you’re found 30% at fault, you’ll recover $70,000.
Yes. Missouri’s pure comparative fault system allows recovery regardless of your fault percentage. Even if you were 80% at fault, you can still recover 20% of your damages. This is different from modified comparative fault states that bar recovery if you’re 50% or 51% or more at fault.
Fault percentage is determined by evaluating evidence including police reports, witness statements, photos and video, physical evidence, expert testimony, and applicable traffic laws. During settlement negotiations, your attorney and the insurance company will dispute fault percentages. If your case goes to trial, the jury will determine each party’s percentage of fault based on the evidence presented.
Yes. Insurance companies routinely try to inflate your fault percentage to reduce their payout. They’ll use your statements, traffic violations, and any other evidence they can find to shift blame onto you. This is why you should never give a recorded statement to the other driver’s insurance company without consulting an attorney first.
Don’t accept their fault assessment without consulting an attorney. Insurance adjusters often assign higher fault percentages than the evidence supports. Contact The Dixon Injury Firm at (314) 208-2808 for a free case evaluation. We’ll investigate your accident, gather evidence, and challenge inflated fault percentages to maximize your recovery.
Yes. Missouri’s comparative fault law applies to car accidents, motorcycle crashes, pedestrian accidents, bicycle accidents, slip and fall cases, and all other personal injury claims. Anytime multiple parties may share responsibility for an accident, comparative fault principles determine how damages are allocated.
Missouri’s statute of limitations gives you five years from the date of injury to file a personal injury lawsuit (RSMo § 516.120). However, you should contact an attorney as soon as possible after an accident. Evidence disappears over time, and early investigation produces stronger cases.
Generally yes. Missouri courts have held that failure to wear a seatbelt typically can’t be used to reduce your recovery for injuries in most cases. However, there are exceptions, and the insurance company will certainly try to use it against you. An experienced attorney can protect your rights and counter these arguments.
Don’t accept any settlement without having an attorney review it first. Insurance companies often undervalue both your total damages and your net recovery after comparative fault. The Dixon Injury Firm provides free case evaluations where we’ll review any settlement offer and tell you honestly whether it’s fair or whether you should negotiate for more.
The Dixon Injury Firm handles all personal injury cases on a contingency fee basis, which means you pay no upfront costs and no attorney fees unless we recover compensation for you. Our fee comes as a percentage of your settlement or verdict, so you risk nothing by hiring us to fight for your rights. Call (314) 208-2808 today for a free consultation.
Many personal injury law factories get as many clients in the door as possible, hoping one will be the jackpot. Not us. At The Dixon Injury Firm, we’re highly selective about our cases because we devote considerable time and attention to each client.
