Fault in a Missouri car accident is determined by who acted negligently, based on evidence such as police reports, witness statements, photos, and Missouri’s pure comparative fault law.
Under this rule, each driver’s share of responsibility is assigned as a percentage, and your compensation is reduced by your portion of fault.
Missouri is an at-fault state—meaning the driver who caused the crash, or their insurer, must pay for injuries and damages.
Because fault can be shared, the quality of your evidence, documentation, and legal representation directly impacts how much you recover.
Below, we break down exactly how Missouri determines fault, what evidence matters most, and how to protect your rights after a crash in St. Louis or anywhere in the state.
What Does “Fault” Mean in a Missouri Car Accident?
In every Missouri car accident case, “fault” means legal responsibility for causing the crash. If another driver failed to act as a reasonably careful person would—by speeding, texting, tailgating, or driving drunk—they are considered negligent.
To prove fault in Missouri, your attorney must show:
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The other driver owed a duty of care.
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That duty was breached.
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The breach directly caused your injuries.
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You suffered measurable damages—medical bills, lost wages, or pain and suffering.
Because Missouri allows shared fault, you can still recover money even if you were partly responsible—something we’ll cover below.
Missouri Is an At-Fault State, Not No-Fault
Unlike “no-fault” states where each driver’s insurance covers their own injuries, Missouri follows an at-fault insurance system. This means the driver who caused the accident—or their insurer—pays for the damages.
Victims can pursue compensation through:
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The at-fault driver’s insurance (third-party claim)
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Their own policy (for uninsured/underinsured motorist coverage)
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A personal injury lawsuit against the negligent driver
That’s why fault matters so much. The percentage of fault you’re assigned directly determines how much of your damages you can recover.
Missouri’s Pure Comparative Fault Rule
Missouri uses a pure comparative fault system under RSMo § 537.765.
Here’s how it works:
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You can recover compensation even if you are 99 % at fault.
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Your recovery is reduced by your percentage of fault.
Example:
If your total damages are $100,000 and you’re found 30 % at fault, you can still recover $70,000.
This system gives every injured person a right to compensation—but it also motivates insurance companies to blame you as much as possible. That’s why having strong evidence and a skilled lawyer matters.
How Fault Is Determined in a Missouri Car Accident
Determining fault is rarely simple. Insurers, attorneys, and sometimes juries evaluate multiple forms of evidence to decide who caused the crash and by how much. Below are the most important factors:
1. Police Reports and Citations
When officers arrive at a crash, they document the scene, interview drivers and witnesses, and may issue tickets. The Missouri Uniform Accident Report includes critical details like:
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Vehicle positions
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Road and weather conditions
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Witness contact information
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Traffic violations
Although the report itself may not be admissible at trial without the officer’s testimony, it’s one of the first documents insurance adjusters review when assigning fault.
2. Witness Statements and Video Evidence
Neutral third-party witnesses—especially those who were not involved—carry major weight. Likewise, dash-cam, surveillance, or traffic-camera footage can provide indisputable proof of who caused the wreck.
Photos of skid marks, debris patterns, and intersection layouts can also help experts reconstruct the collision.
3. Traffic Laws and Driver Conduct
Violating Missouri traffic laws often equals negligence. Common examples include:
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Running a red light or stop sign
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Speeding or driving too fast for conditions
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Tailgating or unsafe lane changes
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Distracted or impaired driving
If a driver breaks a law meant to keep others safe, Missouri courts treat that as negligence per se, making fault easier to prove.
4. Accident Reconstruction Experts
In serious or disputed crashes, attorneys use reconstruction specialists who analyze skid marks, damage angles, and vehicle telemetry data. Their expert opinions can pinpoint speeds, impact points, and sequences—powerful evidence in high-value cases.
5. Vehicle, Road, and Weather Conditions
Sometimes, the environment contributes to a wreck. Potholes, missing signage, slick surfaces, or poor lighting can shift a portion of fault toward municipalities or contractors. However, other drivers must still exercise reasonable care under those conditions.
Shared Fault Scenarios in Missouri
Rear-End Collisions
Usually, the rear driver is presumed at fault for following too closely. However, the front driver might share fault if they stopped suddenly without reason or had broken brake lights.
Intersection Accidents
If one driver runs a light but the other was speeding or distracted, fault can be divided. Each driver’s behavior is weighed to determine percentages.
Multi-Vehicle Crashes
Chain-reaction pile-ups on I-70 or I-44 often involve several drivers and insurance carriers. Investigators analyze impact sequences, distances, and braking data to allocate fault among everyone involved.
Commercial Vehicle Accidents
When a truck or delivery vehicle causes a crash, fault may extend beyond the driver to include the company, cargo loader, or maintenance provider. Corporate negligence can significantly increase potential recovery.
How Fault Percentages Affect Compensation
| Total Damages | Your Fault % | You Recover |
|---|---|---|
| $100,000 | 0 % | $100,000 |
| $100,000 | 25 % | $75,000 |
| $100,000 | 50 % | $50,000 |
| $100,000 | 80 % | $20,000 |
Every percent matters. Reducing your attributed fault from 30 % to 10 % could increase your payout by tens of thousands of dollars.
Because insurers know this, they often exaggerate your share of blame to lower what they owe.
Steps to Take After a Car Accident in Missouri
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Call 911 and get a police report.
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Seek immediate medical care—document injuries even if they seem minor.
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Take photos and videos of damage, traffic signs, and weather conditions.
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Collect witness info before people leave the scene.
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Avoid admitting fault or apologizing. Simple statements like “I didn’t see them” can be used against you.
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Notify your insurer, but don’t give recorded statements until you speak with a lawyer.
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Consult a St. Louis personal injury attorney quickly to preserve evidence and protect your rights.
Common Mistakes That Hurt Fault Determination
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Leaving the scene before police arrive
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Accepting partial blame without knowing the facts
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Ignoring follow-up medical care
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Signing insurance releases too early
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Failing to document vehicle repairs or photos
Each of these can damage your credibility and reduce your settlement.
How a St. Louis Car Accident Lawyer Proves Fault
A skilled personal injury lawyer will:
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Conduct a thorough investigation of the scene
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Obtain surveillance or dash-cam footage before it’s erased
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Hire reconstruction and medical experts when necessary
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Challenge insurance tactics that overstate your fault
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Negotiate aggressively for the maximum compensation
In complex St. Louis crashes involving multiple parties, trucking companies, or disputed liability, early legal intervention is often the difference between a minimal settlement and a full recovery.
Missouri Car Accident Laws That Impact Fault
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Statute of Limitations: You generally have five years from the date of the accident to file a personal injury lawsuit (three years for wrongful death).
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Comparative Fault Statute: RSMo § 537.765 outlines Missouri’s pure comparative fault standard.
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Mandatory Insurance Minimums: $25,000 per person / $50,000 per accident for bodily injury and $25,000 for property damage.
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Uninsured Motorist Coverage: Required by Missouri law and protects you if the at-fault driver lacks insurance.
Case Example – How Fault Can Shift
Scenario: You’re stopped at a red light in downtown St. Louis when another driver rear-ends you. Their insurer claims you stopped too suddenly.
Evidence shows:
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Your brake lights were functioning.
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Dash-cam footage confirms you were fully stopped for three seconds before impact.
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The other driver was texting (verified by phone records).
Result: The insurer assigns 0 % fault to you and 100 % to the texting driver. Your lawyer secures full damages for medical bills, vehicle repairs, and lost wages.
When Fault Is Disputed
If the other driver’s insurer refuses to accept responsibility, your attorney may:
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File a civil lawsuit to let a jury determine fault percentages.
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Use expert testimony and physical evidence to prove negligence.
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Demand compensation through mediation or arbitration.
Even if fault is split, your lawyer’s goal is to minimize your percentage and maximize recovery.
Frequently Asked Questions
Q: Can I recover damages if I was partly at fault?
Yes. Missouri’s pure comparative fault law allows recovery even if you’re mostly at fault—your payout is reduced by your share.
Q: Does a traffic ticket automatically prove fault?
Not automatically, but it’s strong evidence of negligence.
Q: What if the at-fault driver has no insurance?
Your uninsured motorist coverage may step in to pay your damages.
Q: How long do I have to file a claim?
Generally five years from the crash date for personal injury and three years for wrongful death.
Q: Why should I hire a lawyer?
Because insurers work to assign more fault to you. A lawyer gathers evidence, negotiates aggressively, and protects your financial recovery.
St. Louis-Specific Factors That Affect Fault
The St. Louis metro area presents unique challenges:
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Heavy traffic on I-64, I-44, and I-70 leads to chain-reaction collisions.
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Weather changes—rain, ice, fog—impact visibility and stopping distance.
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Commercial trucking from downtown distribution hubs raises multi-party liability issues.
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Municipal maintenance—potholes, poor signage, and dark intersections—can contribute to partial government fault.
Local experience matters. A St. Louis attorney familiar with area roadways, police departments, and courts can build a stronger case.
Protecting Your Rights After a Crash
The best way to protect your claim is to:
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Act fast. Evidence disappears quickly.
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Stay consistent. Give the same account to police, doctors, and insurers.
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Document everything. Keep medical bills, time off work, and communication logs.
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Don’t delay hiring counsel. Early legal involvement stops insurance manipulation.
Final Takeaway
In Missouri, fault in a car accident is determined by evidence and the state’s pure comparative fault law, which divides responsibility between drivers based on negligence.
Your compensation depends on proving the other driver’s fault and limiting your own.
Because insurers often fight to assign you blame, working with an experienced St. Louis personal injury lawyer is the most effective way to protect your rights and maximize your recovery.
If you’ve been injured in a Missouri car crash, contact our office today for a free consultation at 314-863-0500.
We’ll review your case, preserve critical evidence, and fight to hold the right party accountable—so you can focus on healing.
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