Ryan Bradley | June 20, 2025 | Car Accident \ Expertise Areas \ Missouri Law
Car Accident Liability Laws – Key Takeaways:
- Your Rights in a Car Accident: If another’s negligence causes your accident, you could be entitled to compensation for medical bills, lost wages, property damage, and pain and suffering.
- Your Responsibilities: Documenting the accident scene, seeking immediate medical attention, and reporting the accident to the police and insurance are all essential steps that preserve your rights.
- Missouri’s Car Accident Liability Laws: Unlike most states, Missouri drivers must exercise the “highest degree of care” rather than just reasonable care, making liability determinations more complex.
Imagine you’re driving home from work when suddenly, another driver ignores a red light and slams into your vehicle. In a split second, your entire world is turned upside down: medical bills pile up, your car is totaled, and you can’t work.
When this happens, you’ll need to know your rights and responsibilities. In Missouri, where drivers are held to a high standard of care, understanding the crucial car accident liability laws is vital for protecting your right to fair compensation.
In this guide, we’ll walk you through your rights and obligations and the compensation you’re entitled to seek. You’ll learn about the critical steps that can make or break your case.
What Is Liability in Car Accidents?
After a car accident in St. Louis, the first question typically is: Who was at fault? Under Missouri law, this is referred to as “liability.” Liability is based on a duty owed to others on the roadway. Under Missouri law, vehicle drivers owe each other, their passengers, and other road users a legal duty to use the highest degree of care. Missouri is unique in this respect. In most other states, drivers only owe a duty to exercise “reasonable” care.
Depending on the accident’s circumstances, either party may be at fault, one party could be responsible, or both drivers may be at fault. In the last scenario, Missouri law allows for responsibility to be shared between the drivers by assessing percentages of fault.
Liability can also result from violating Missouri traffic laws. If the driver violated one of these laws, they could be held responsible for a crash under the theory of negligence per se.
Your Rights as an Accident Victim in Missouri
When you’re injured in a car accident that wasn’t your fault, Missouri law is on your side. It provides you with powerful rights that many victims don’t realize exist. Here are some of your most important rights:
- The Right to Refuse Recorded Statements: In the days after a crash, an insurer may ask you for a recorded statement. You can refuse recorded statements to the other driver’s insurer—and you should. Insurance adjusters may use recorded statements against you in an effort to minimize payouts.
- The Right to Choose Your Own Providers: You can choose your own medical providers and auto repair shops, regardless of what the insurance company recommends. Don’t let them pressure you into using their providers (they may be biased and could undervalue your claim).
- The Right to Full and Fair Compensation: You can seek compensation for current expenses and future expected costs due to an accident, including healthcare expenses, ongoing pain and suffering, and reduced earning capacity.
- The Right to Legal Representation: You can consult with and hire an attorney at any point during your car accident claim. Insurers can’t prevent or discourage you from exercising this essential right.
Victims lacking legal representation may make crucial mistakes with their claims, like settling before they understand the full extent of their injuries. This can have devastating consequences for their future and impact their health and financial stability.
Your Responsibilities After a Car Accident
While you have significant rights, you also have important responsibilities in a car accident in Missouri. For example, you must stop immediately at the accident scene. Leaving the scene, even for a minor fender-bender, can result in criminal charges and sink your compensation claim.
In addition, you must report accidents involving injury, death, or property damage exceeding $500 to the police, and you have a duty to cooperate with law enforcement’s investigation. This includes providing truthful information about what happened. But remember: you’re not required to admit fault or speculate about causes.
Car accident victims must also mitigate their damages by seeking prompt medical help and following their doctor’s treatment plan. Insurance companies often use gaps in treatment or failure to follow medical advice as justification to minimize or deny claims.
Missouri Car Accident Liability Laws You Should Know
Understanding Missouri’s specific liability laws is crucial for maximizing your recovery. While these laws protect you, they not only create opportunities but can also result in challenges.
What Is the “Highest Degree of Care?”
Unlike most states, Missouri requires drivers to exercise the “highest degree of care” on the road. This essentially means:
- Drivers must be exceptionally cautious and vigilant
- Even small lapses in attention can establish fault
- The bar for proving negligence can be lower for victims
- Multiple parties may share fault more easily
Most victims don’t know that the “highest degree of care” standard makes it easier to prove fault than in neighboring states. For example, while Illinois requires proving “ordinary negligence,” Missouri’s higher standard means even a momentary inattention can establish car accident liability.
Pure Comparative Fault Rules in Missouri
Missouri follows pure comparative negligence, meaning you can recover damages even if you’re 99% at fault. But your compensation will be reduced by your percentage of fault. Let’s say you’re in an accident, and your damages total $100,000. If the court finds you 30% responsible, you can only recover $70,000 (70%) from the other party.
Missouri’s pure comparative fault system, which is outlined in Missouri Revised Statutes § 537.765, ensures that even partially at-fault drivers can seek compensation.
The Duty to Report Accidents
Missouri law requires drivers to report accidents involving injury, death, or property damage exceeding $500 to the Department of Revenue. Failing to report can result in penalties and may impact on your compensation claim.
Uninsured Motorist Coverage Requirements
Missouri mandates uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident. This ensures victims can still recover some compensation even if the at-fault driver is underinsured or uninsured.
Missouri’s “No Pay No Play” Law
Missouri’s “No Pay, No Play” law (RSMo 303.390) limits uninsured drivers’ rights. If you didn’t have insurance at the time of your accident, you cannot recover non-economic damages like pain and suffering, even if the other driver was 100% responsible for the crash.
Statute of Limitations: How Long You Have to File a Lawsuit
Missouri’s statute of limitations gives accident victims five years to file a personal injury lawsuit, but waiting too long can hurt your claim. It’s also important to note that your time frame can be much shorter depending on your claim, as government entities often require filing a notice within only 90 days. Consulting an attorney as soon as possible after an accident can help you avoid missing critical deadlines.
Who Can Be Held Legally Liable in Your Accident?
Your first thought is probably that the other driver is responsible for your crash. However, other parties could be wholly or partially responsible for an accident in Missouri. Liable parties in a claim or lawsuit can include the following:
- Negligent drivers
- Employers (when employees cause accidents during work time)
- Vehicle owners
- Car manufacturers
- Government entities (if a dangerous road condition caused the crash)
- Bars/Restaurants (for overserving a visibly intoxicated patron)
Each potential defendant may have different insurance coverage and legal defenses, making it crucial to identify all liable parties early in your case. Your next best step after a serious accident is to consult a car accident attorney who can protect your rights and identify all parties responsible for your accident.
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Types of Damages You Can Recover
Missouri law allows car accident victims to pursue compensation for all their losses. Knowing the value of your claim by understanding the various damage categories helps ensure you don’t leave any money on the table. Here are some of the damages you could pursue, depending on the circumstances of your accident and the severity of your injuries:
Economic Damages
Economic damages are quantifiable financial losses with clear dollar amounts, such as:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Property damage
- Transportation expenses like rental car costs
- Out-of-pocket expenses related to your injuries
- Rehabilitation and therapy costs
- Home modifications for permanent injuries
Non-Economic Damages
Non-economic damages compensate you for losses that are subjective and don’t come with receipts, but can dramatically impact your life:
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium (impact on marital relationship)
What About Punitive Damages?
While rare in most car accident claims, Missouri courts occasionally award punitive damages in cases involving reckless or egregious misconduct. These damages are designed to punish the wrongdoer and deter similar behavior. They require considerable proof of intentional harm or conscious disregard for safety, such as in cases involving:
- DUI (driving under the influence of alcohol or drugs)
- Extreme road rage incidents
- Commercial drivers violating federal safety regulations
- Manufacturers deliberately hiding vehicle defects
- Extremely reckless driving
In general, damages can be tricky to calculate, and victims may be unaware of the compensation that is available to them in a car accident. When you or a loved one suffers a serious personal injury in a Missouri car accident, you need a car accident lawyer who understands what your needs are now and in the future. They can also provide the critical leverage you need when an insurer is dragging its heels with your claim.
Don’t Let an Insurance Company Derail Your Car Accident Claim
Understanding car accident liability laws isn’t just about proving fault. You’ll also want to protect yourself from insurance tactics designed to minimize or even deny your claim. Insurance adjusters begin working immediately after an accident, and they can catch you off guard while you’re still in pain and recovery.
Remember that the friendly insurance adjuster is not working for you but fishing for information they can use to protect their employer’s bottom line.
What to Watch Out for When the Insurance Adjuster Calls
Quick settlement offers that arrive within days of your accident are a red flag. They are usually too low and often designed to prey on victims who need immediate cash for medical bills or car repairs. Similarly, be cautious when adjusters request broad medical record authorizations.
Any medical information that goes beyond your accident-related treatment can lead adjusters on a hunt for pre-existing conditions they can use to blame for your current injuries. And beware of adjusters who “just want to hear your side of the story.” They may be recording you, hoping that you will say something that damages your claim.
Evidence to Build Your Car Accident Liability Case
Strong and compelling evidence in your favor can make the difference between a denied claim and recovering maximum compensation. Preserving evidence in the crucial hours and days after your accident is essential. Here’s the evidence that can prove your car accident claim:
- Accident scene photos (damaged vehicles, injuries, and more)
- Witness contact information
- Police accident report
- Medical records and bills
- Lost wage documentation
- Traffic camera or surveillance footage
Should You Hire a Car Accident Lawyer?
Some minor accidents may be resolved without legal help, but if your crash involves serious injuries, disputed car accident liability, or aggressive insurance tactics, you’ll need legal advice. Here are some signs that you need a lawyer immediately:
- The insurance company is delaying, minimizing, or denying your claim.
- Your injuries require extensive and long-term medical treatment.
- You were partially at fault, and liability is being disputed.
- You received a low settlement offer that doesn’t cover your losses.
- There are multiple parties involved, making liability unclear.
A skilled attorney can ensure you’re being treated fairly and can fight for maximum compensation.
Why Choose Bradley Law Personal Injury Lawyers?
Bradley Law Personal Injury Lawyers has a proven track record of securing compensation for car accident victims in Missouri. Our results speak for themselves, including numerous multi-million-dollar recoveries for our injured clients, as well as several eight-figure settlements and verdicts for car and motorcycle accident victims.
What truly sets us apart? We’re small enough to know your name and your story and big enough to make insurers sweat. We invest hundreds of thousands of dollars when necessary, investigating every detail of your accident and presenting your case effectively in court.
Don’t let an insurance company cheat you out of what you deserve. If you or a loved one was injured in a Missouri car accident, our dedicated attorneys are here to fight for your rights and hold all negligent parties accountable. Contact us now for a free consultation to clarify your rights and the next best steps.
Speak With An Attorney About Your Case
FAQs
Can I recover damages if I’m partially at fault for my Missouri car accident?
Yes, Missouri’s pure comparative fault law allows recovery even if you are partially responsible. However, your damages will be reduced by your fault percentage. And beware, as insurance companies may exploit this by exaggerating your fault to minimize payouts. Working with an experienced car accident lawyer is essential to level the playing field and recover fair compensation.
What if the at-fault driver doesn’t have insurance in Missouri?
Missouri requires drivers to carry uninsured motorist coverage, meaning you can still recover compensation if the other driver lacks insurance. However, these claims can be complex, and insurers may resist paying full damages. Consulting an attorney ensures you maximize your recovery.
Can passengers file claims after a Missouri car accident?
As a passenger, you can potentially file claims against multiple insurance policies: the driver of the car you were in, the other driver’s insurance, or even your own uninsured motorist coverage (if the at-fault driver lacks adequate insurance). Unlike drivers who might share fault, passengers typically don’t have any fault in a crash, allowing them to recover 100% of their damages.
What should I never say after a car accident in Missouri?
Never say “I’m sorry” or “It was my fault.” Unfortunately, simply being polite can be misconstrued as an admission of car accident liability. Refrain from giving any details about your speed, distractions, or physical condition. Your best bet is to stick to basic facts when talking to the police and decline to give recorded statements to insurance companies without legal representation.
How long do I have to file a car accident liability claim in Missouri?
Missouri’s statute of limitations gives you five years from the accident date to file a personal injury lawsuit. However, waiting too long can mean evidence disappears, witnesses forget details, and insurance companies may even argue your delay shows you weren’t seriously injured.