Best Car Accident Lawyers St. Louis, MO Of 2024 – Forbes Advisor – Technologist
When you’re struck by a vehicle, your life can be instantly inundated with a myriad of challenges that may persist long after you recover from your injuries. These disruptions can include medical bills, shrinking or missed paychecks, mobility limitations, job loss or difficulty finding new employment, deteriorating mental health and a diminished quality of life.
Pursuing compensation through a personal injury claim or lawsuit can provide you with the financial relief needed to begin mending your life and moving forward from the accident. A claim can help you recover economic losses, such as medical treatment costs and lost wages, as well as noneconomic damages, like pain and suffering and other emotional injuries.
In the sections below, we cover essential information about car accident laws and regulations in Missouri, how fault is determined, the timeframe for filing a claim and tips for finding an experienced lawyer to maximize your chances of securing fair compensation.
Missouri Statute of Limitations for Car Accident Cases
The statute of limitations sets a cut-off point by which you must file a civil claim to preserve your right to hold the at-fault driver legally accountable for the harm they caused you. In Missouri, you have a five-year statute of limitations for filing a car accident claim. This means you must file your lawsuit within five years from the date of the accident. This time limit generally applies to everyone involved, including pedestrians and passengers.
However, there are exceptions to this general rule.
- Wrongful death. If a person dies from the injuries sustained in the accident, their family members have three years from the date of death to file a wrongful death claim.
- Minors. If the injured party is a minor (under 18 years of age) at the time of the accident, their statute of limitations doesn’t start until they turn 21.
- Intentional injuries. If the accident and injuries were a result of intentional acts, such as assault and battery, you only have two years to file a lawsuit.
- Out of state defendant. If the defendant leaves Missouri to avoid being served, the time they are out of state does not count towards the statute of limitations.
- Local government. If you’re hit by a police car, garbage truck or another public vehicle or if the reason for the accident is poor road conditions, you may be able to sue the government under the Missouri Tort Claims Act. But the statute of limitations for that is just 90 days.
It’s very important that you take action before your time runs out, as failing to file within the statute of limitations generally means completely losing your right to pursue a claim. Consider consulting a Missouri car accident lawyer if you have doubts about how much time you have left or if you think you’ll qualify for an exception that may extend your deadline.
Missouri Laws for Car Drivers
Missouri has enacted several laws for motorists that you should be aware of.
Liability insurance
Everyone who has their vehicle registered in Missouri must carry the following minimum liability insurance:
- $25,000 per person for bodily injury
- $50,000 per accident for total bodily injury
- $25,000 for property damage
If you are ever in an at-fault accident—an accident you were responsible for—your mandatory liability insurance will cover the other party’s losses. It doesn’t cover expenses for your injuries. So, in the same vein, if you are in an accident where the other driver was at fault, you will file a claim against their liability insurance company to collect damages.
Even though Missouri mandates liability insurance, about 14% of drivers are uninsured. This is why the law also requires carrying $25,000 for bodily injury per person and $50,000 for bodily injury per accident in uninsured motorist coverage. This policy will protect you if you’re ever in an accident caused by an uninsured person or in a hit-and-run and the at-fault driver flees the scene.
Reporting an Accident
If you are in an accident in Missouri, the first step is to stop your vehicle because leaving the scene is a crime. You must move your vehicle to the side of the road if it poses a risk to other drivers. If it doesn’t, you don’t have to move your vehicle until a police officer requires you to.
If medical assistance is needed, call for help immediately. Then, contact the police and exchange names, addresses, driver’s license numbers, license plate numbers and insurance information with the other driver.
You must file an accident report with the Driver License Bureau if the accident:
- occurred less than a year ago
- involved an uninsured motorist
- caused property damage exceeding $500
- someone was injured or killed in it
Steer It and Clear It Law
Missouri law states that if you are involved in a crash with no serious injuries or deaths and your vehicle is safe to drive, you must make every reasonable effort to move your vehicle to the shoulder to avoid obstructing oncoming traffic flow. You will not be penalized by the police or insurance company if you move your vehicle off the road after a crash.
Damage Caps
Missouri doesn’t generally limit how much you can obtain in compensation for your injuries in a car accident, except if you’re suing a state or municipal government agency. In such cases, your compensation is capped at $300,000. If multiple claims are filed against the government, and they arise from the same accident, the total award won’t exceed $2 million.
Identifying Fault for Car Accidents in Missouri
In the event of an accident, both drivers may try to blame each other. Missouri follows the pure comparative negligence rule, allowing you to file a claim and collect compensation even if you are partly at fault. However, your compensation will be reduced by your degree of fault.
For example, if you were rear-ended by a speeding truck but were texting and driving, the court might assign you 15% of the blame and the defendant 85%. If the total award is $30,000, you would collect $25,500. This doctrine means you can recover damages even if you are up to 99% at fault for the accident.