St. Louis Comparative Fault Accident Lawyer

St Louis Comparitive Fault Lawyer: Can You Recover Damages if You Were Partially to Blame?

In a car accident on I-55 or near the Gateway Arch, it is rarely “all or nothing.” Insurance adjusters often use “comparative fault” as a weapon to deny claims. At The Cagle Law Firm, we specialize in the specific bi-state math used in St. Louis and the Metro East to ensure you aren’t cheated out of a settlement just because you shared a portion of the responsibility.

The Cagle Law Firm handles cases across Missouri and Illinois and have overwhelming success in prevailing for our clients.

Missouri vs. Illinois: The “Fault Line”

Because St. Louis sits on the border, the law governing your accident depends entirely on which side of the Mississippi River the collision occurred.

1. Missouri’s “Pure” Comparative Fault (MO Rev. Stat. § 537.765)

Missouri is one of the most victim-friendly states regarding fault. Under the Pure Comparative Fault system, you can recover damages even if you were 99% at fault.

• Example: If your total damages are $100,000 but a jury finds you 30% responsible for the crash, you still receive $70,000.

• The Benefit: You are never “barred” from recovery, regardless of your level of negligence.

2. Illinois’ “Modified” Comparative Negligence (735 ILCS 5/2-1116)

Across the river in the Metro East (Belleville, Alton, Edwardsville), the rules change. Illinois follows the 51% Bar Rule.

• The Cutoff: If you are found to be 51% or more at fault, you receive nothing.

• The Strategy: Our Illinois-licensed attorneys focus on proving the other driver was the “primary” cause to keep you below that 51% threshold.

How Insurance Companies Manipulate Fault in St. Louis

Our attorneys work on our client’s behalf.  There are common tactis insurance companies use to manipulate fault and damages in every case:

• Recorded Statements: Adjusters bait you into admitting “I didn’t see him coming” which they use to asign 20% fault for “failure to keep a careful lookout”
• Medical Recovery Process: Adjusters will have you uploading all of your medical records to them so they can look for pre-existing conditions or downplay any injury before you even know the full extent of your injury

Don’t give a recorded statement to an insurance adjuster, however, you should know they record all of your conversations.  And, do not discuss your injuries with any insurance adjuster until you have talked to an expert lawyer.  A very small amount of people have any idea of the extent of their injuries or how they will heal in the first few days.  Do not give an adjuster ammunition to devalue your case before you and your doctor determine your progress.

What is Pure Comparitive Fault in Missouri?

What is Pure Comparative Fault in Missouri? Under Missouri Revised Statutes § 537.765, the “pure” comparative fault rule allows a plaintiff to recover damages regardless of their percentage of fault. Your total recovery is simply reduced by your percentage of responsibility.

• Example: If a jury determines your total damages are $100,000 but finds you 20% at fault for speeding, you would still receive $80,000.

• The 99% Rule: Even if you are found to be 99% at fault, you are technically eligible to recover 1% of your damages in Missouri—a stark contrast to “modified” states like Illinois.

Contact a St. Louis car accident lawyer at The Cagle Law Firm today. Call (314) 276-1681 for a free consultation or use our online contact form.

Illinois-the “51% Bar”:Why Every Percentage Point Matters

In Illinois, there is a strict cutoff for financial recovery.

• If you are 50% or less at fault: You can recover damages, but they are reduced proportionately (e.g., if you are 20% at fault, you receive 80% of the total award)
• If you are 51% or more at fault: You are legally barred from recovering any compensation whatsoever.

Navigating Fault in a Personal Injury Case

Anytime you are injured in a crash involving another party, the other party’s insurance carrier will attempt to assess some fault or blame for the crash. Why would the at-fault driver’s insurance carrier attempt to blame you even if you were not at fault?  Simply, if the other driver can persuade a judge or jury that you hold some fault for the crash, it can reduce your compensation number.   You may believe there is no argument of fault based on the facts of your crash.  You would be incorrect to assume the other party will not attempt to assess some blame to you for financial reasons.

Because shared fault is often the best defense in your personal injury case, hiring an attorney to represent you is wise.

The St. Louis car accident attorneys at The Cagle Law Firm work with traffic reconstruction experts to determine all the contributing causes of crashes and analyze the degree of fault for each motorist involved. When you consult an expert attorney immediately, we can get invovled quickly in the investigation and retain important evidence to support your case.

Essential Two-Parts of Your Personal Injury Case

At The Cagle Law Firm, we know that you have to prove two (2) things to be successful in your personal injury case.  One, proving fault or “liability” for this crash through evidence is the first essential component. Second, proving the cause and extent of your injuries and damages due to this car accidednt is critial.  You have to prove that the other party was liable for the crash and that your injuries were caused by the crash.  While it may sound simple, it does require evidence of your injuries through medical records and expert testimony.  Our attorneys work on both of these essential components from the very first day until successful resolution.

Zane T. Cagle has over 20 year of experience representing those injured in serious car accident and truck accidents.  Each crash and client are unique. Each crash has unique fact patterns. Each client has unique injuries requiring specialized treatment.  Our attorneys have proven Case Results for clients across Missouri and Illinois.

Call us at The Cagle Law Firm at (314) 276-1681.

Related Sources:

• How is liability determined in an accident? | The Cagle Law Firm
• Should I give a recorded statement to my insurance company? | The Cagle Law Firm
• How skilled are insurance company adjusters at negotiating claims? | The Cagle Law Firm