What If I Am Partly to Blame for My Motorcycle Accident?

Yes, even if you believe you were partly to blame for your motorcycle accident, you may still have a valid claim for compensation in Missouri. The state's laws recognize that accidents are rarely 100% one person's fault. Instead of barring you from recovery, the system is designed to account for shared responsibility.

After a crash, your mind might be swirling with a mix of pain, confusion, and difficult questions:

Did I react fast enough?
Was I going a few miles over the speed limit?
Could I have done something differently to avoid the collision?

These are normal and valid concerns, but they do not automatically disqualify you from seeking justice and financial support for your injuries. Missouri law provides a path forward.

How Missouri Law Handles Shared Responsibility in an Accident

Missouri operates under a legal principle known as "pure comparative fault." This is a critical concept to understand when you feel you might be partially at fault for your motorcycle accident. It is a more forgiving system than what exists in many other states.

Here’s a breakdown of what pure comparative fault means for you:

Fault is Assigned a Percentage: After an accident, an investigation will seek to determine how much each party was to blame. This is expressed as a percentage. For example, the other driver might be found 80% at fault, and you might be found 20% at fault.
Damages are Reduced Proportionally: Your total compensation award is then reduced by your percentage of fault. If your total damages (medical bills, lost wages, pain and suffering) are calculated to be $100,000 and you are found 20% at fault, you could still recover $80,000.
No 50% Bar: Unlike some states that use a "modified comparative fault" rule, such as Illinois, Missouri does not have a cutoff. In a modified system, if you are found 50% or 51% at fault, you recover nothing. In Missouri, even if you were found to be 90% at fault, you could theoretically still recover 10% of your damages.

This system ensures that the primary wrongdoer is held financially accountable, even if the injured person made a minor error.

The insurance company for the other driver knows this law well and will do everything in its power to shift as much of that percentage onto you as possible. Their goal is simple: to pay out as little as they can. This is why having a clear understanding of the evidence and the events surrounding your crash is so vital.

Actions That Could Lead to Shared Fault for a Rider

It’s an unfortunate reality that a bias often exists against motorcyclists. Other drivers and even insurance adjusters may look for any reason to place blame on the rider. Understanding the factors they might use against you is the first step in building a strong response if you believe you are partly to blame for your motorcycle accident.

Insurance adjusters might try to assign you a percentage of fault for actions such as:

Exceeding the Speed Limit: Even if you were only traveling slightly faster than the posted limit on a road like Gravois Avenue, while the other driver pulled out directly in front of you, this can be used to argue you had less time to react.
Lane Splitting or Filtering: While not explicitly illegal in every context in Missouri, the practice of riding between lanes of slow-moving or stopped traffic is often viewed unfavorably and can be used to assign fault to the rider.
Improper Licensing or Registration: If your motorcycle endorsement or vehicle registration has lapsed, an insurer may try to frame this as irresponsible behavior, even if it had no direct bearing on the cause of the crash itself.
Delayed Braking or Evasive Action: They may analyze skid marks or other evidence to argue that a "reasonable" rider would have been able to stop or swerve more quickly, thereby shifting a portion of the responsibility.

These are just a few examples of tactics used to increase your share of the blame. It is important to remember that the other driver’s negligence is still the central issue.

Common negligent acts by other drivers that cause motorcycle accidents include:

Making a left turn into the path of an oncoming motorcycle.
Failing to yield the right of way at an intersection or while merging.
Driving while distracted by a phone, GPS, or other passengers.
Following a motorcycle too closely, not allowing for adequate stopping distance.

Proving that these actions were the primary cause of the crash is key to overcoming attempts to place unfair blame on you.

What to Do After the Accident

Ideally, immediately after your accident, you or someone with you was able to call 911, exchange insurance information with the other driver, and collect evidence at the accident scene, such as photos of the vehicles involved and any injuries. If you weren’t able to, it’s OK. You can still take steps now to build a strong case for compensation, especially if there are questions about shared fault.

Here is a list of actions to take to protect your physical and financial recovery:

Follow Every Medical Instruction: Attend all follow-up appointments with doctors, physical therapists, and specialists. If you are told to rest, rest. If you are given medication, take it as prescribed. Failing to follow a treatment plan can be used by an insurance company to argue that you made your own injuries worse.
Keep a Detailed Journal: Write down your daily experiences. Document your pain levels, the challenges you face with daily tasks, any sleep disturbances, and the emotional toll of the accident. This personal record can be powerful evidence of your suffering.
Track All Expenses: Keep every single bill, receipt, and statement related to the accident. This includes not just medical bills but also costs for prescription medications, medical equipment, and even mileage to and from your doctor's appointments.

It is particularly important to be careful in your communications. The other driver's insurance adjuster may call you and sound very friendly and concerned. They are not your friend. Their job is to gather information that can be used to devalue or deny your claim.

Do not give a recorded statement without seeking legal guidance.
Do not sign any documents or accept any initial settlement offers.
Do not speculate about what happened or accept any blame for the accident. Simply state the basic facts.

Staying off social media is also a wise precaution. An innocent photo of you smiling with family while recovering on your couch could be taken out of context and used to argue that your injuries are not as severe as you claim.

Proving the Other Driver's Negligence

Even when you are concerned that you may be partly to blame for your motorcycle accident, the foundation of your case rests on proving the other driver’s negligence. The more fault that can be clearly attributed to the other party, the smaller your own percentage of fault will likely be. Building this case requires a thorough and methodical approach to gathering and analyzing all available evidence.

Evidence that can help establish the other driver’s fault includes:

The Official Police Report: This is often the first piece of evidence reviewed. It contains the officer’s initial observations, witness information, and sometimes a preliminary assessment of fault.
Witness Statements: Independent witnesses who saw the crash can provide an unbiased account of what happened. Their testimony can be invaluable in countering the other driver's version of events.
Photos and Videos: Pictures of the accident scene, vehicle damage, your injuries, and any nearby traffic or surveillance cameras (like MoDOT cameras on I-64 or a gas station camera near the intersection) can provide objective proof.
Accident Reconstruction Analysis: In complex cases, a professional may be brought in to analyze the physical evidence, such as skid marks and vehicle damage, to scientifically reconstruct the sequence of events leading to the collision.

The process of building a strong case involves several meticulous steps. It is about telling the complete story of the accident, not just the one the insurance company wants to hear.

This process often involves:

Securing Evidence Immediately: Swiftly obtaining traffic camera footage before it is erased and interviewing witnesses while their memories are fresh.
Consulting with Medical Professionals: Working with your doctors to create a clear record that links your injuries directly to the accident.
Analyzing the Other Driver’s History: Investigating whether the other driver has a history of traffic violations or reckless driving that establishes a pattern of unsafe behavior.

Each piece of evidence helps paint a clearer picture, strengthening your position and ensuring the focus remains on the other driver's accountability.

FAQs About Shared Blame After a Motorcycle Accident

Here are answers to some common questions that arise when navigating a claim with shared responsibility.

What if the police report says I am at fault?
A police report is an important piece of evidence, but it is not the final word on fault. The officer’s conclusion is their opinion based on the information available at the scene. This opinion can be challenged with further evidence, witness statements, and accident reconstruction analysis that may reveal a different picture.

Does not wearing a helmet affect my claim in Missouri?
Under Missouri law, if you are 26 or older, you are not required to wear a helmet if you have qualifying health insurance. While not wearing a helmet cannot be used to prove you were at fault for causing the accident, an insurance company may argue that it contributed to the severity of your head injuries. This is a complex issue that requires careful legal argument to address.

How long do I have to file a motorcycle accident claim in Missouri?
In Missouri, the statute of limitations for filing a personal injury lawsuit is generally five years from the date of the accident. However, there can be exceptions to this rule, and it is always best to act much sooner. Waiting too long can result in the loss of critical evidence and your right to file a claim at all.

What happens if the other driver was uninsured or did not have enough insurance?
If the at-fault driver is uninsured or their policy limits are not enough to cover your damages, you may be able to make a claim against your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This is a part of your own motorcycle insurance policy designed to protect you in exactly this situation.

Can I still get my motorcycle repaired or replaced if I am partially at fault?
Yes. Your property damage claim is handled similarly to your injury claim. The other driver’s insurance would be responsible for paying for their percentage of fault. For example, if they are 80% at fault, their policy would cover 80% of your repair or replacement costs. You could then potentially make a claim through your own collision coverage for the remaining amount, depending on your policy.

Let Our Experience Guide Your Next Steps

Handling a motorcycle accident claim, especially when comparative fault is a factor, can feel like trying to find your way through Forest Park in the dark. You do not have to do it alone. Since 1946, our law firm has stood beside accident victims in St. Louis and across Missouri, helping them rebuild their lives. We operate on a team approach, combining the skills of lawyers and legal staff to build the strongest possible case for you, the most important member of our team.

We understand the tactics that insurance companies use to shift blame and reduce payouts. Our extensive experience is built on thorough preparation and a deep commitment to protecting our clients' best interests. Because we work on a contingency fee basis, you owe no attorneys' fees unless we successfully recover compensation for you. Let us carry the legal burden so you can focus on what matters most: your recovery. Contact Gray Ritter Graham today at (314) 241-5620 or through our online form for a free, no-obligation consultation to discuss your case and understand your options.