After an accident, the question of fault often determines whether you can recover compensation—and how much. Missouri follows a pure comparative negligence law when it comes to shared responsibility in Kansas City personal injury lawsuits, and this approach differs significantly from many other states. If the other party claims you contributed to your own injuries, these rules will directly affect your financial future.
How Does Missouri’s Pure Comparative Negligence Law Work?
RSMo Section 537.765 defines the pure comparative negligence rules in Missouri. Under this statute, you can recover damages in a personal injury case even if you are partially at fault for the incident that caused your injuries. Your total compensation is reduced by your percentage of fault, as determined by the jury or judge.
For example, if you suffer $100,000 in damages but are found 30% responsible, you would still recover $70,000. Importantly, Missouri places no cap on the level of fault that bars recovery. You can be 99% at fault and still collect 1% of your damages.
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Pure Comparative Negligence vs Other Shared-Fault Statutes
Missouri’s approach to shared liability is one of the most plaintiff-friendly in the United States. Each state sets its own rule for how shared fault affects an injured party’s right to recover. There are two other types of shared-fault systems that a state may follow:
- Modified comparative negligence allows you to recover damages only if your share of fault falls below a set threshold—either 50% or 51%, depending on the state. Once you cross that line, you recover nothing.
- Contributory negligence is the strictest standard. Under this rule, if you are even 1% responsible for the accident, you are barred from collecting any damages.
Examples of Pure Comparative Negligence in Personal Injury Claims
Pure comparative negligence applies across a wide range of personal injury cases, from car crashes to slip-and-fall accidents. Here are a few examples of how this law works in practice:
A driver runs a red light and hits you, but you were going five miles over the speed limit. You suffer $50,000 in damages and are found 10% at fault. You recover $45,000.
You slip on a wet floor in a store that failed to post warning signs, but you were looking at your phone at the time of the accident. Damages total $80,000, and you are assigned 40% fault. You recover $48,000.
A driver runs a red light and causes a collision, but you were texting and driving at the time of the accident. Damages reach $200,000, and a jury finds you 60% responsible. You still recover $80,000, an outcome that would typically yield $0 under modified or contributory negligence rules.
Defending Yourself Against Allegations of Fault in a Lawsuit
When the opposing side argues you share blame, evidence becomes the deciding factor. Police reports, surveillance footage, witness statements, medical records, and expert testimony all play a role in establishing what actually happened. A Missouri personal injury attorney can challenge inflated fault percentages, expose weaknesses in the defense’s argument, and present a clear narrative that protects your right to fair compensation.
Schedule a Free Consultation with a Missouri Injury Lawyer
Every percentage point of fault directly reduces your recovery under Missouri’s pure comparative negligence system. In these situations, having strong legal representation is critical to maximizing the compensation you take home. If you plan on pursuing a personal injury claim, contact a Missouri injury lawyer as soon as possible to discuss your case and protect what you are owed.