Can You Sue After a Kansas City Car Accident With Partial Fault?

Your Legal Rights After Sharing Fault in a Missouri Car Crash

You’re at the accident scene, knowing you could have done something differently. Maybe you were adjusting your radio when the other driver ran the red light, or perhaps you were speeding when someone made an illegal turn. Here’s what many Missouri drivers don’t realize: being partially at fault doesn’t eliminate your right to compensation. Missouri’s pure comparative fault law allows accident victims to recover damages even when they share responsibility – a protection that differs from the five jurisdictions (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.) where any fault destroys your claim, and from the majority of states that bar recovery when you are 50% or 51% or more at fault.

💡 Pro Tip: Document everything at the accident scene, including road conditions, weather, and witness statements. Even if you believe you share some fault, this evidence can significantly impact your final compensation percentage.

If you’ve been caught up in a Missouri accident and find yourself sharing fault, don’t let it keep you from seeking the compensation you deserve. Reach out to Northland Injury Law, where they navigate the ins and outs of comparative fault and fight for every dollar you’re entitled to. Give them a call at 816-400-4878 or contact us to start your journey toward recovery today.

How a Car Accident Attorney in Kansas City Protects Your Rights Under Missouri’s Comparative Fault Law

Missouri follows pure comparative fault for all personal injury claims, including car accidents. Any fault assigned to you proportionately reduces your damages but won’t bar recovery entirely. Unlike the contributory negligence rules that still exist in a few U.S. jurisdictions (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.)—where being even 1% at fault can eliminate recovery—Missouri law recognizes that accidents rarely involve just one party’s mistakes. When you work with a car accident attorney in Kansas City, they’ll fight to minimize your fault percentage while maximizing the other party’s responsibility.

Under this framework, defendants may plead and prove your fault as an affirmative defense, but this doesn’t eliminate your claim – it simply reduces it proportionally. If you’re found 30% at fault for an accident resulting in $100,000 in damages, you can still recover $70,000. This difference from contributory negligence states demonstrates why understanding Missouri’s specific laws matters when pursuing compensation.

💡 Pro Tip: Never admit fault at the accident scene or to insurance companies. What seems like partial responsibility to you might actually be 0% fault under Missouri law once all factors are properly analyzed.

The Timeline for Determining Fault in Missouri Car Accidents

Understanding the timeline for fault determination helps set realistic expectations for your case. The Missouri Department of Revenue requests up to 90 days to process accident reports when accidents involve uninsured motorists or meet specific damage thresholds. This underscores why securing legal representation early matters – while the state investigates, insurance companies are building cases to maximize your fault percentage. Here’s what to expect:

• Immediate aftermath (0-7 days): Police reports filed, insurance claims opened, evidence collection begins. Critical window for preserving witness statements and physical evidence.
• Investigation phase (1-3 months): Insurance adjusters investigate, DOR processes reports for uninsured motorist cases when property damage exceeds $500 or when bodily injury or death occurs; the security deposit amount is determined based on the uninsured person’s percentage of fault and total damages, not a $500 threshold.
• Fault determination (3-6 months): Official fault percentages assigned based on evidence and Missouri traffic law violations. Your attorney negotiates to minimize assigned fault.
• Settlement negotiations (6-12 months): Parties negotiate settlements reflecting Missouri’s comparative fault rules. Disputed fault percentages may extend timelines.
• Litigation phase (12-24 months): If settlement fails, lawsuits proceed with fault percentages becoming central arguments at trial.

💡 Pro Tip: Keep a detailed journal of your injuries and recovery throughout this timeline. Insurance companies often use delays to argue that injuries weren’t severe, but consistent documentation defeats this tactic.

Fighting for Maximum Compensation When You Share Fault

Successfully navigating a partial fault claim requires strategic legal representation that understands both Missouri law and local accident patterns. A car accident attorney in Kansas City brings specific knowledge about how local courts and insurance companies handle comparative fault cases, using this experience to challenge inflated fault assignments. Northland Injury Law has handled countless cases where initial fault determinations unfairly blamed our clients, but through careful investigation and aggressive advocacy, we’ve successfully reduced those percentages – sometimes eliminating them entirely. The key lies in understanding that fault determination encompasses all contributing factors including road design, vehicle defects, weather conditions, and the other driver’s violation history.

Professional legal representation levels the playing field by presenting evidence that accurately reflects each party’s true contribution to the accident, preventing insurance companies from emphasizing your minor infractions while downplaying major violations like running red lights or driving under the influence.

💡 Pro Tip: Request traffic camera footage immediately after your accident. MoDOT traffic cameras at Kansas City intersections provide live feeds only and do not record or store footage; video and photos from these cameras are only available in real time. However, third-party services may capture and archive live feeds independently for approximately 90 days or longer, so preservation should be requested quickly.

Common Scenarios Where Drivers Share Fault in Missouri Accidents

Real-world accidents rarely involve perfect victims and complete villains. Missouri law recognizes this through its comparative fault system, but understanding how fault gets assigned in common scenarios helps protect your rights. Your car accident attorney in Kansas City will analyze every detail to minimize your fault percentage, knowing each percentage point directly reduces your compensation.

Multi-Vehicle Chain Reactions and Complex Fault

Highway pile-ups create complex fault scenarios where multiple drivers share varying degrees of responsibility. Missouri courts examine each driver’s actions leading up to and during the collision sequence. Following too closely might assign you 20% fault even if another driver caused the initial crash. However, if that driver was also texting while driving, their fault percentage could reach 60-70%, with remaining fault distributed among other parties. These cases require detailed accident reconstruction to ensure fault percentages reflect actual causation.

💡 Pro Tip: In multi-vehicle accidents, never discuss fault with other drivers or accept quick settlement offers. Each driver’s insurance company will try to shift blame to others, making independent legal representation crucial for protecting your interests.

Behaviors That Impact Your Fault Percentage After a Missouri Car Accident

Missouri law examines specific behaviors when determining fault percentages, and understanding these factors helps you present the strongest possible case. As any experienced car accident attorney in Kansas City will confirm, seemingly minor actions can significantly impact your assigned fault. The law requires that your negligence must have actually contributed to causing the accident – simply being imperfect doesn’t automatically assign fault.

Driver, Passenger, and Pedestrian Fault Factors

Different road users face different fault considerations under Missouri law. Drivers might share fault for speeding or driving unsafely for road conditions, even when another driver commits a more serious violation. Passengers can be assigned fault for interfering with the driver’s operation, though this requires proving direct causation. Pedestrians face fault for jaywalking or sudden movements, but Missouri law still protects their right to recover partial damages. Operating a defective vehicle or riding with a driver you know is impaired can reduce your potential recovery under Missouri’s pure comparative fault system.

💡 Pro Tip: Your social media posts after an accident can be used to prove comparative fault. Avoid posting anything about the accident, your activities, or your recovery until your case resolves.

Frequently Asked Questions

Understanding Partial Fault in Missouri Car Accidents

Many accident victims have pressing questions about how sharing fault affects their legal rights and potential compensation. These answers address the most common concerns about navigating Missouri’s comparative fault system.

💡 Pro Tip: Write down all your questions before meeting with an attorney. Free consultations are more productive when you’re prepared with specific concerns about your case.

Next Steps After a Partial Fault Accident

Knowing what actions to take after an accident where you might share fault can make the difference between fair compensation and accepting less than you deserve. These questions address practical steps for protecting your rights under Missouri law.

💡 Pro Tip: Start documenting your damages immediately, including medical bills, lost wages, and vehicle repair estimates. Organized records strengthen your negotiating position regardless of fault percentages.

1. Can I still sue if I was speeding when another driver hit me in Missouri?

Yes, you can still sue and recover damages in Missouri even if you were speeding. Missouri’s pure comparative fault law means your speeding might reduce your compensation percentage, but won’t eliminate your right to recover. If the other driver ran a red light causing the crash, they might be assigned 80-90% fault while your speeding accounts for 10-20%, meaning you’d still recover 80-90% of your damages.

2. How does Missouri’s comparative fault law differ from neighboring states?

Missouri’s pure comparative fault system offers significantly more protection than the few U.S. jurisdictions (Alabama, Maryland, North Carolina, Virginia, and Washington, D.C.) that still follow contributory negligence. In contributory negligence states, being even 1% at fault bars all recovery. Modified comparative fault states typically bar recovery at 50% or 51% fault. Missouri allows recovery regardless of fault percentage – even at 99% fault, you can still recover 1% of damages.

3. What if I was hit by an uninsured driver but share partial fault?

Partial fault doesn’t prevent you from using your uninsured motorist coverage in Missouri. Your insurance company will apply the same comparative fault principles, reducing your settlement by your fault percentage. If damages total $50,000 and you’re 25% at fault, you’d receive $37,500 from your uninsured motorist coverage.

4. How long do I have to file a lawsuit if I partially caused the accident?

Missouri’s statute of limitations for car accident lawsuits applies regardless of fault percentages. You have the same filing deadline whether you’re 0% or 50% at fault. However, cases involving comparative fault often require more investigation time, making it crucial to start the legal process quickly to preserve evidence that could minimize your fault percentage.

5. Should I consult a lawyer even if I think the accident was mostly my fault?

Absolutely. What seems like mostly your fault often looks different after professional investigation. An experienced attorney can identify factors you might have overlooked, such as road defects, the other driver’s violations, or vehicle malfunctions that shift fault percentages. Since Missouri allows recovery even with majority fault, legal representation ensures you don’t forfeit compensation you’re legally entitled to receive.

Work with a Trusted Car Accidents Lawyer

Navigating Missouri’s comparative fault laws requires in-depth knowledge of state statutes and local court precedents. A car accident attorney in Kansas City understands how judges and juries in Jackson County typically assign fault percentages, using this insight to build stronger cases. The difference between competent and exceptional representation often shows in the final fault determination – where prepared attorneys routinely achieve better outcomes by presenting comprehensive evidence that tells the complete accident story.

Don’t let partial fault in a Kansas City car accident keep you from the compensation you deserve. Contact Northland Injury Law to learn how Missouri’s unique laws work to your advantage. Call us at 816-400-4878 or contact us today!