Missouri Injuries

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Can my wife still recover in Missouri if she was partly at fault?

Yes - Missouri lets an injured person recover even if they were partly at fault, which surprises a lot of people who moved from states where being 50% or 51% at fault can wipe out the claim.

Picture a summer crash on I-70 near St. Louis. Your wife is driving through heavy tourist and truck traffic, a tire-blowout mess starts ahead, and she may have been going a little too fast for the backup. A pickup also changes lanes without room and hits her. The other insurer quickly says she "caused her own injuries" and acts like that ends it.

In Missouri, it usually does not.

Missouri uses pure comparative fault. That means a jury can assign each side a percentage of blame, and your wife's compensation gets reduced by her share instead of being erased.

So if her total damages are $100,000 and she is found 30% at fault, she could still recover $70,000. Even if she were blamed more heavily, the claim is not automatically barred just because she made a mistake too.

That matters a lot in Saint Louis-area wrecks where insurers love to lean on anything they can - speed, following distance, distraction, not changing lanes sooner - especially on roads like I-70 where multi-vehicle crashes get messy fast.

A few practical Missouri points:

  • Missouri injury lawsuits are generally subject to a 5-year filing deadline.
  • If police responded, the Missouri State Highway Patrol or local department report can become a big part of the fault argument.
  • The insurer's "you were partly to blame" line is often a money-reduction tactic, not a real yes-or-no answer to whether she has a case.

The real question in Missouri usually is how much fault gets assigned, not whether partial fault kills the claim.

by Brian O'Malley on 2026-03-23

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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