What Missouri expects from every driver

Missouri asks a lot of drivers. Every driver must drive carefully and use “the highest degree of care” (RSMo § 304.012). That is more than ordinary care. In your case, the question is simple. Did the other driver fall short, and did that cause your injuries?

Traffic rules fill in the details. A driver turning left must yield to oncoming traffic that is in the intersection or close enough to be an immediate danger. A driver at a stop sign must stop, then yield (RSMo § 304.351). Breaking a rule like this does not decide the case by itself, but it is strong proof of fault.

Phones behind the wheel

Missouri’s hands-free law says drivers may not hold or support a phone while driving. They also may not text, call or watch video with the phone in hand (RSMo § 304.822). There are exceptions for hands-free use and emergencies. If there is reason to think the other driver was distracted, phone records can be requested in the lawsuit.

Where the money comes from

In almost every car case, insurance pays the claim, so the policies matter as much as the facts. Missouri requires vehicle owners to carry insurance (RSMo § 303.025). The minimum policy covers (RSMo § 303.190):

• $25,000 for injury to one person.
• $50,000 for injury to two or more people.
• $25,000 for property damage in one accident.

The state minimums are low next to the cost of a serious injury. Finding every policy early is one of the most useful things a lawyer does. Our guide to Missouri auto insurance requirements explains each type of coverage.

Proof that decides car accident claims

Car cases are often won or lost on proof that does not last. Cameras record over old video. Cars get fixed or junked, and the airbag module goes with them. That module records speed and braking in the seconds before the crash. Witnesses move, and memories fade.

Keep or collect these:

• The police report, and the names of the officers and witnesses.
• Photos of the cars, the road, skid marks, debris and your injuries.
• Video from nearby businesses, homes, buses and dash cameras.
• Crash data stored in the vehicles.
• Medical records that link each injury to the crash.

For what to do in the first few days, read what to do after a car accident in Missouri.

Shared fault and more than one driver

Many crashes involve fault on more than one side. Missouri lets the jury split the blame by percent. Your damages then go down by your share. Insurers know this, so they often say you were speeding, following too close or distracted. Each point of blame they shift to you lowers what they pay.

Some crashes involve several cars. A driver found 51 percent or more at fault can be made to pay the whole judgment. A driver below that pays only its own share (RSMo § 537.067). If you settle with one driver, your claim against the others goes down by the amount paid. The release you sign must be written so it does not free the other drivers too (RSMo § 537.060).

How the firm handles your car accident case

Harjot Singh Padda, JD meets with you at the office on Woodson Rd or by phone. He reviews the police report and your insurance policies to find every source of coverage. The firm sends letters asking others to save video and vehicle data. It gathers your medical proof and, when your injuries are clear, sends the insurer a written demand.

If the insurer will not resolve the claim fairly, the firm files suit. The case goes to the circuit court, the local trial court, where the crash happened or where the other driver lives. You have five years to file (RSMo § 516.120). Proof does not last that long, so it helps to start early.

Car accident cases are handled on a contingency fee under a written agreement that sets out the percentage and how costs are handled.

Common questions

Related reading

• Personal injury overview
• What to do after a car accident in Missouri
• Missouri auto insurance requirements
• Missouri comparative fault