Missouri Car Accident Laws: What Injury Victims Need to Know
Car accidents can leave victims with serious injuries, overwhelming medical bills, and difficult questions about their legal rights. If you have been injured in a crash in Missouri, understanding the state’s car accident laws is essential. The rules that apply in Missouri will determine who is responsible for paying damages, how long you have to file a claim, and what type of compensation may be available to you.
At Cooper Law Firm, we help car accident victims in Cape Girardeau and throughout Southeast Missouri navigate these laws every day. This guide explains the most important parts of Missouri car accident law that injury victims should understand.
Missouri Is an At-Fault State
Missouri follows an “at-fault” system for car accidents. This means the driver who caused the crash is responsible for paying damages. If another driver’s negligence caused your injuries, you may seek compensation directly from their insurance company.
You have three main options after an accident:
- File a claim with your own insurance company if your policy covers it.
- File a claim against the at-fault driver’s insurance company.
- File a personal injury lawsuit against the at-fault driver in civil court.
Because Missouri uses an at-fault system, insurance companies often work quickly to try to limit their payouts. Speaking with an attorney before accepting any settlement is often the best way to protect your claim.
Comparative Fault in Missouri
Accidents are not always caused by one driver alone. Missouri uses a “pure comparative fault” system. This means that if you are found partially at fault for the crash, your compensation will be reduced by your percentage of fault.
For example, if you were awarded $100,000 in damages but found 20 percent at fault, your recovery would be reduced to $80,000. Even if you are mostly at fault, you may still recover damages, but the amount will be reduced according to your level of responsibility.
This system makes it especially important to gather strong evidence after a crash and to have an attorney who can challenge claims that you were at fault.
The Statute of Limitations in Missouri
Missouri law sets strict deadlines for filing lawsuits. For car accident injury claims, you generally have five years from the date of the accident to file a personal injury lawsuit. If the crash resulted in wrongful death, the statute of limitations is three years from the date of death.
Missing these deadlines usually means losing your right to seek compensation in court. Even though five years may seem like a long time, it is best to act quickly. Evidence can be lost, witnesses may be harder to locate, and insurance companies will not wait for you to build your case.
Missouri Car Insurance Requirements
All drivers in Missouri are required to carry certain minimum amounts of auto insurance coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Missouri law also requires uninsured motorist coverage with limits of at least:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
This coverage protects you if you are hit by a driver who does not have insurance. Because many Missouri drivers are uninsured or underinsured, this part of your policy can be critical in a serious accident.
Reporting a Car Accident in Missouri
You are legally required to report an accident to the Missouri Department of Revenue if:
- The accident caused more than $500 in property damage.
- Anyone was injured or killed.
- One or more drivers did not have insurance.
The report must be submitted within 30 days of the crash. Failing to report an accident when required can result in penalties, including suspension of your driver’s license.
Damages Available to Car Accident Victims
If you are injured in a Missouri car accident, you may be entitled to compensation for several types of damages, including:
- Medical expenses such as hospital bills, surgeries, therapy, and medication.
- Lost wages if your injuries prevent you from working.
- Loss of future earning capacity if your injuries cause long-term limitations.
- Pain and suffering for physical pain and emotional distress.
- Property damage to repair or replace your vehicle.
The amount of compensation available depends on the facts of your case, the severity of your injuries, and how strongly your case is presented.
Wrongful Death in Missouri Car Accidents
If a loved one is killed in a car accident caused by another driver’s negligence, Missouri law allows certain family members to file a wrongful death lawsuit. Eligible parties may include a surviving spouse, children, parents, or in some cases siblings.
Damages in a wrongful death case can cover funeral costs, medical expenses, lost income, and the loss of companionship and support. The deadline to file a wrongful death lawsuit in Missouri is three years from the date of death.
The Role of an Attorney
Missouri car accident laws are complex. Insurance companies often attempt to minimize settlements by blaming the victim or downplaying the severity of injuries. Having a knowledgeable attorney on your side can make a significant difference in the outcome of your case.
At Cooper Law Firm, we investigate accidents, gather medical and financial records, work with experts, and handle negotiations with insurance companies. Our goal is to make sure injury victims in Cape Girardeau and across Southeast Missouri recover the full compensation they are entitled to under Missouri law.
What to Do After a Car Accident
If you are involved in a car accident in Missouri, here are some important steps to take:
- Call 911 and seek medical care.
- Exchange insurance and contact information with the other driver.
- Take photos of the vehicles, injuries, and accident scene.
- Get names and contact information of any witnesses.
- Notify your insurance company of the accident.
- Contact a local personal injury attorney before speaking with the other driver’s insurer.
Taking these steps can help protect both your health and your legal rights.
Contact Cooper Law Firm Today
Missouri car accident laws can be difficult to navigate on your own. If you or a loved one has been injured in a crash in Cape Girardeau or anywhere in Southeast Missouri, the legal team at Cooper Law Firm is here to help.
We provide clear guidance, careful case preparation, and dedicated representation. You do not have to face insurance companies or legal deadlines alone.Contact the Cooper Law Firm today for a free consultation. Let us review your case and explain your options for pursuing the compensation you deserve.