Missouri Auto Accident Laws

Missouri Auto Accident Laws 2018-04-03T11:07:21+00:00

missouri auto accident laws

Missouri Car Accident Laws and Resources

From Kansas City to St. Louis or Columbia, Missouri offers plenty of roads and worthwhile destinations to explore. You can see the Ozark Mountain Plateau, cotton fields of Boot Heel and even part of the original Pony Express that goes into Jefferson City. Roads in the Show Me State are used by more than 4 million licensed drivers and each drive an average of 11,400 miles per year. Driving that much does lead to many serious auto accidents. If you intend to drive in Missouri, it is wise to know local laws and regulations in case you are in an accident.

Statistics and Notable Accidents

Teen drivers in the state comprise 13% of inattentive driving deaths, which is the largest of all age groups. From 2010 to 2012, drivers from 15-20 were most likely to have an accident that caused serious injuries. Teen drivers and inattentive drivers in Missouri rank in the highest percentage of deaths and accidents in the state.

Below are accident statistics from 2012 to 2014 in Missouri:

  • Of the 2349 fatal car accidents in this period, 1057 of occupants failed to wear their seatbelts; this means almost 50% of the deaths may have been avoided.
  • 688 of car accident deaths involved one or more drivers either drunk or under the influence of drugs.
  • 323 involved tractor trailer drivers
  • 447 of the fatal car accidents involved an unlicensed driver or a driver with a suspended or revoked license.
  • Of the 2349 deaths in this period, 395 occurred due to speeding.
  • 261 of the fatalities involved motorcyclists.
  • Texting and driving involved 245 fatalities.

St. Louis and the surrounding area led the other parts of the state in this period for fatalities with 501 deaths.

A major, notable car accident lawsuit in Missouri involves four teenagers who were killed in a 2014 crash in Stone County on Pleasant View Road. According to news reports, a southbound pickup truck driven by one of the teens ran off the left side of the road and hit a tree. The three other teens were passengers. The lawsuit has been filed against Stone County. The lawsuit stated that Pleasant View Road was in a dangerous state during the crash. One of the reasons, the lawsuit states, is there was a downgrade of 1000 before the curve where the teenager lost control of the truck. There also were no warning signs of a steep grad or curve and were no signs to advise drivers of a safe speed.

How Much is Your Injury Claim Worth?

Missouri Negligence Laws

Missouri features a legal doctrine to assign fault in an accident known as pure comparative negligence. The legal system will examine a car accident and determine who was responsible for the crash and will then assign a degree of fault to all parties. For example, if you have in an accident with $10,000 of damages to yourself and your vehicle and are 20% at fault, the comparative negligence standard would reduce your award by $2000. If the accident is 100% the fault of the other driver, you would receive the full $10,000. This law allows you to recover damages even if you were 99% at fault for the accident.

Some legal experts criticize the pure comparative fault system because it allows a plaintiff who is mostly responsible for the accident to recover damages from a defendant who was less at fault for the crash. Twelve states currently have the pure comparative fault rule. Other states have modified comparative fault; this is the same as comparative negligence, but it holds that if you are more than 50% or 51% at fault, you cannot recover damages.

Missouri Statute of Limitations

The statute of limitations for filing a personal injury lawsuit in Missouri is five years from the date of the accident. However, if the accident caused a death, you have only three years from the person’s date of death to file suit.

Auto Insurance Requirements for Missouri

If you drive in this state, you are required to have a minimum level of car insurance. The minimum coverage required here is:

  • $25,000 in bodily injury for each person in each accident
  • $50,000 in bodily injury for every person in each accident
  • $10,000 for property damage liability
  • $25,000 and $50,000 uninsured motorist coverage

Other Missouri Driving Laws

This state has a texting ban for novice drivers, and drivers need to change lanes and yield to Department of Transportation vehicles that have white or flashing amber lights.

The penalty for a traffic violation in an active emergency zone has been increased to $250. It is $300 for a subsequent offense. Violations may include speeding, passing an active emergency zone, etc. Drivers can show electronic evidence during a traffic stop that they have insurance.

Also, note that punitive damages cannot be more than $500,000. The state requires anyone receiving punitive damages in a lawsuit to prove that the person who injured the plaintiff was willful or grossly negligent.

In 2017, there was a law change in the state that could affect the ways in which personal injury attorneys are presented and some lawyers say settlements and verdicts could be affected. After Aug. 28, 2017, under the medical expenses part of a personal injury lawsuit, the victim is only allowed to give the amount that was paid to the hospital and the amount that is still owed. The jury will not be allowed to hear how much the hospital billed the patient originally.

Some attorneys have argued there could be a large difference of thousands of dollars, as hospitals and insurance companies often try to reduce the bill.

Missouri Accident Resources

Have you been in a car accident in Missouri? This is probably a stressful time for you; below are some resources you can use to get you on the right track after your accident.

How Much is Your Injury Claim Worth?