In a St. Louis car accident claim, joint and several liability determines how much each at-fault defendant may have to pay when there is more than one person or entity whose behavior contributed to the same injury. Under Missouri Revised Statutes § 537.067, a defendant found 51% or more at fault can be jointly and severally liable for the judgment against the defendants.
A defendant that is less than 51% at fault is usually only responsible for their own percentage of the judgment.
What Does “Jointly and Severally Liable” Mean?
A jointly and severally liable defendant may be responsible for more than just their own percentage of fault. In qualifying cases, the injured person may be able to collect the unpaid portion of the judgment from a defendant who meets the statutory threshold. This matters most when another at-fault party has little insurance or cannot pay.
Instead of losing that portion of the judgment entirely, the injured person may be able to recover it from the defendant who crossed the 51% mark.
How Does the 51% Rule Work?
Say Driver A is found 60% at fault, Driver B is found 40% at fault, and total damages are $500,000. Driver A may be jointly and severally liable for the judgment because they are at least 51% at fault, meaning the injured person could potentially collect the full amount from Driver A if Driver B can’t pay. Driver B, on the other hand, is generally responsible only for their 40% share, or $200,000.
What Happens if Every Defendant Is Less Than 51% at Fault?
Then each defendant generally pays only their own percentage of the judgment. Consider a three-car crash where Driver A is 40% at fault, Driver B is 35%, and Driver C is 25%. No one reaches the 51% threshold, so each defendant is generally responsible for only the share assigned to them. If one of those drivers lacks sufficient insurance or assets, collecting that portion of the judgment may be difficult.
Does Missouri Still Use Comparative Fault?
Yes, and it operates alongside joint and several liability. Comparative fault looks at how much responsibility is assigned to each party, including the injured person, whose recovery is reduced by their own percentage of fault. Joint and several liability addresses a separate issue, just about the defendants and who has to pay how much. Both doctrines can apply in the same case.
How Can Joint and Several Liability Affect Settlement Negotiations?
Insurers negotiate with the 51% threshold in mind. A defendant who reaches the 51% threshold may face responsibility for more than their own percentage of the judgment, which can affect settlement negotiations. That risk may motivate higher settlement offers.
How Can a Missouri Car Accident Lawyer Help?
Our lawyer at Meyerkord & Kurth identifies every potentially responsible party, investigates the crash, tries to determine what percentage of fault each person carries, and evaluates each defendant’s insurance coverage and ability to pay.
If you were injured in a crash involving more than one at-fault party, contact a St. Louis car accident lawyer for a free consultation to find out how these rules apply to your claim. Our firm is here to help.