Missouri, like many states, follows a traditional at-fault state system when it comes to vehicle accidents. This means that when an auto accident occurs, someone is typically deemed responsible or “at fault” for the incident. What does this actually entail? Missouri residents must carry a minimum amount of liability coverage through an insurance provider. In the event of a collision, the at-fault driver’s insurance is responsible for paying medical expenses, lost wages, and other damages to victims who sustained injuries.
Is Missouri an at-fault state? Yes, Missouri adheres to a system where determining responsibility plays a critical role in settling claims. This contrasts with the approach used in a no-fault state, where parties generally rely on their own no-fault insurance policies.
At-fault and no-fault are terms that describe the type of insurance system for any given state in the US and describe how car accident claims are handled. In Missouri, victims may file a claim for bodily injury or property damage through the coverage of the liable driver without filing with their own insurance company first. The lawyers at Goza & Honnold are highly experienced in handling complex vehicle accident claims and can help determine your best legal options if you were injured due to someone else’s negligence.
Missouri At-Fault Accident Laws
In an at fault system, whoever is responsible for the collision is responsible for damages. However, who is liable for the accident may not always be clear. For example, if there is more than one driver responsible for the accident, injury claims will be handled by each respective insurance policy according to the portion of fault each party bears. As such, for three drivers equally at fault, insurers will pay one-third of the damages for all victims, whereas for two drivers of unequal fault, their liability might be divided 70% and 30%, and the insurance company may pay for their share accordingly.
If you share partial blame, then under the fault system, you will not be able to recover the portion of damages that corresponds to your share of fault. For example, if you were 25% liable for the accident, you could only recover 75% of the total damages. Understanding Missouri car accident laws is crucial for navigating the legal responsibilities and potential liabilities after a collision.
In Missouri, you must carry the following amount of liability insurance coverage:
- $25,000 for bodily injury per individual
- $50,000 for bodily injury per accident
- $25,000 property damage coverage
Minimum uninsured coverage includes the following:
- $25,000 for bodily injury per individual
- $50,000 for bodily injury per accident
Uninsured or underinsured drivers may have their driver’s license suspended and be subject to a lawsuit if they cause an accident they cannot afford to cover.
Missouri’s Comparative Negligence Laws
What is comparative negligence and how does it work in Missouri?
Missouri follows a pure comparative negligence system, which means that fault can be shared among multiple parties involved in a car accident. This system allows individuals to recover damages even if they are partially at fault. The amount of compensation will be reduced proportionately to the driver’s percentage of fault in the accident. For example, if you’re found to be 60% at fault for an accident, you may be entitled to 40% of the compensation. This approach ensures that even if you bear some responsibility, you can still recover a portion of your losses.
How is fault determined in a Missouri car accident?
Determining fault in a Missouri car accident involves a thorough investigation. Evidence such as accident reports, eyewitness accounts, and traffic camera footage are crucial. Experienced investigators may reconstruct the accident scene, and expert witnesses, like medical experts or accident reconstruction specialists, can provide valuable insights. Insurance companies often attempt to minimize their liability, but a skilled car accident attorney can negotiate on your behalf to ensure you receive fair compensation for your injuries, medical bills, and lost wages.
What are the three types of negligence in Missouri?
In Missouri, there are three types of negligence to be aware of: pure comparative negligence, modified comparative negligence, and contributory negligence. Pure comparative negligence allows plaintiffs to recover damages even if they are mostly at fault. Modified comparative negligence has a threshold beyond which plaintiffs are barred from recovery, typically if they are found to be 50% or more at fault. Contributory negligence is the most restrictive, where plaintiffs cannot recover any damages if they are found to be even slightly at fault. Missouri’s adoption of the pure comparative negligence system means that you can still recover damages proportionate to your level of fault.
Proving Fault in a Missouri Car Accident
Proving fault in a Missouri car accident requires collecting comprehensive evidence from the accident scene to establish how the accident occurred and the other driver’s negligence. This evidence typically includes witness statements, police reports, photographs, video footage, and medical records. A personal injury attorney can assist in gathering and presenting this evidence to prove fault and negotiate with insurance companies to ensure fair compensation.
To prove fault, you must demonstrate four key elements:
- Duty: The other driver had a duty to exercise reasonable care while driving.
- Breach: The other driver breached that duty by failing to exercise reasonable care.
- Causation: The breach of duty caused the accident and your injuries.
- Damages: You suffered actual damages as a result of the accident.
Proving damages involves demonstrating the value of your losses and showing that you deserve financial compensation for those losses. Damages from a motor vehicle accident typically include medical expenses, lost wages, property damage, pain and suffering, and emotional distress.
If you’ve been involved in a car accident in Missouri, it’s crucial to understand the state’s comparative negligence laws and how they affect your ability to recover damages. A car accident attorney can help you navigate the complex legal process and ensure you receive fair compensation for your injuries and losses. Schedule a free consultation with a personal injury attorney today to discuss your case and determine the best course of action.
Recoverable Compensation in a Successful Accident Claim
Depending on the details of the Missouri car accident and the extent of the injuries you suffered, you may recover the following compensation under Missouri’s at-fault system:
- Medical expenses and treatment
- Expenses for in-home medical or personal care
- Lost wages
- Loss of future earning capacity
- Physical pain and suffering
- Disabilities and impairments
- Scarring
- Emotional distress
- Mental anguish
- Reduced quality of life
- Loss of enjoyment of life
Filing an insurance claim is a critical step in recovering these damages, and understanding the process can help ensure you receive the compensation you deserve.
If the at-fault driver’s liability insurance does not cover the full extent of the damages you suffered, you may seek legal action with the help of the experienced lawyers at Goza & Honnold. We know that insurance companies may devalue or deny your claim. We protect your legal rights at every step of the legal process, ensuring you obtain the most favorable outcome for your claim.
Speak With the Experienced Lawyers at Goza & Honnold
Understanding and navigating Missouri’s fault laws can be challenging to handle on your own after an accident. The lawyers at Goza & Honnold have decades of experience helping victims obtain a successful outcome in Missouri car accident cases. With us by your side, you can build a strong claim and hold all liable parties accountable for the injuries you suffered.
Schedule a no-cost consultation with one of our experienced car accident lawyers by calling (913) 451-3433 or filling out a contact form.
FAQ about Missouri’s Fault Laws
What should I do immediately after a car accident in Missouri?
After a car accident in Missouri, ensure everyone is safe and call emergency services if needed. Exchange information with the other driver, including their insurance company details, and document the scene with photos. It’s also helpful to contact a car accident attorney to understand your legal options, especially if the at-fault driver’s actions caused injuries or damages.
Who is responsible for covering damages in a Missouri car accident?
In Missouri, the at-fault driver is responsible for covering damages caused by the collision. Their insurance company pays for medical bills, property damage, and other losses. If their coverage is insufficient, you may explore additional legal options with a car accident attorney to seek full compensation.
Is Missouri considered a no-fault state for car accidents?
No, Missouri is not a no-fault state; it is an at-fault state for car accidents. This means the at-fault driver and their insurance company are liable for paying for damages. This system often requires proving the other driver’s fault to recover compensation for medical expenses and property damage.
What type of insurance coverage is required in Missouri for car accidents?
Missouri mandates liability insurance to cover damages in car accidents. Drivers must carry a minimum of $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. If an at fault driver is uninsured or underinsured, their liability can lead to personal financial consequences, and victims may need to seek additional legal options with a Missouri car accident lawyer. Additionally, uninsured motorist coverage is essential for protecting yourself in the event that the at-fault driver lacks sufficient insurance.
Why should I consult a car accident attorney after a collision in Missouri?
A car accident attorney can help protect your rights and navigate complex legal matters. They work to ensure the insurance company pays fairly for your losses and hold the at-fault driver accountable. Especially in a state like Missouri, where fault determines liability, having legal guidance is crucial for maximizing the outcome of your Missouri car accident case.
Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.