Pure Comparative Fault

How does Missouri law determine fault in a car accident, and what should accident victims know about it?

Missouri uses a system called pure comparative fault to determine who is responsible for a car accident. This means that a jury looks at the actions of everyone involved and decides what percentage of the fault each person has. If you are found to be partly at fault, your compensation will be reduced by that percentage. For example, if you are 30% at fault, your compensation will be reduced by 30%.

In this system, both the plaintiff (the person bringing the claim) and the defendant (the person being sued) are considered. The jury will look at whether each party acted negligently or recklessly. It’s important to know that fault is only assigned to those who are part of the trial, but defendants can present evidence that someone else, who is not part of the trial, was responsible for the accident.

Additionally, police officers in Missouri are not allowed to give their opinions on who was at fault in a traffic accident during a trial, as their opinions might unfairly influence the jury.

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