St. Louis Car Accident Attorneys

Missouri Automotive Laws

Most car, truck, SUV and motorcycle accidents don't result in criminal charges. Auto accidents are considered a civil matter unless someone involved broke a law (for example, leaving the scene of the accident). So if you're considering legal action because you were seriously injured in a car crash, you will almost certainly have to file a civil action -- a lawsuit. In a lawsuit, you seek to prove that you've been injured in some way, that the people you're suing injured you, and that the law requires them to pay the costs of your injuries.

There are three different ways to show that someone is liable for your injuries:

  • Negligence: This is a legal name for carelessness, or failure to prevent something when a reasonable person should have known it was likely. This is the most common type of claim in auto accident lawsuits, because most accidents are caused by driver inattention.
    For example, if another driver rear-ends you because she's "rubbernecking," she was almost certainly negligent, because she failed to take a reasonable amount of care to make sure she didn't hit you. If the other driver broke a traffic law, chances are good that he or she was negligent.
  • Intentional wrong: This is the name for when someone deliberately did something that injured you. If a driver left the scene of an accident, he probably committed an intentional wrong. You can file a lawsuit over an intentional wrong regardless of whether the defendant is already being criminally prosecuted. Again, if the other driver deliberately broke a law, it will be easier to prove an intentional wrong.
  • Strict liability: This almost always applies to cases where a defective product caused an auto accident. Strict liability says manufacturers are legally liable for injuries caused by their defective products, regardless of whether they were negligent or intended to manufacture a substandard product. Cases over defective child car seats, tire tread separation and SUV rollovers could all be strict liability cases, depending on the circumstances.

Under Missouri law, if you can prove the defendant caused your injuries, you can ask for compensation for all the costs the accident caused you. This includes (when appropriate) compensation for:

  • Past and future medical bills;
  • Repair or replacement costs for your vehicle and any other property that was damaged;
  • Funeral costs;
  • Wages you lost when you were too injured to work, as well as any future loss of earning potential;
  • Other costs caused by the accident, like the cost of a baby-sitter, gardener or housekeeper who filled in while you were injured;
  • Lost future wages of a deceased breadwinner;
  • Emotional distress;
  • Permanent disability or disfigurement.

Missouri state law allows you to sue even if you're partly responsible for your own injuries, but reduces your recovery. Under a rule called comparative negligence, a jury will decide how much fault you bear for the accident and reduce your compensation accordingly. Thus, if you win $1 million, but the jury decides you were 25% responsible for the accident, you will only collect $750,000 -- three-quarters of that $1 million. Similarly, if you sue more than one person at the same time, those people have to share the costs between them, minus any reduction for fault on your part.

Almost all auto accident cases involve an auto insurer. Many will cooperate in an auto accident lawsuit. But in some cases, an insurance company may refuse to pay a legitimate claim, simply because it believes cheating the customer is cheaper than paying up. This is called insurance bad faith, and it's illegal.

If you're a victim of insurance bad faith, Missouri law allows you to sue the insurer for attorney fees and punitive damages (payments that punish an insurer for illegal behavior) as well as the cost of the claim you're entitled to. That makes an insurance bad faith lawsuit a better deal for you -- and a worse prospect for the insurance company.

Like all states, Missouri has a statute of limitations for car accident claims -- a time limit after which the case can't be filed. The sooner you start, the better your chances of preserving important evidence and winning your case.

That's why you should call the St. Louis law firm of Page || Cagle as soon as you start thinking about filing a Missouri auto accident claim. Our experienced car crash attorneys can help you decide whether to file a claim, determine the extent of your injuries and win you the best possible compensation. For a free evaluation of your case with an experienced St Louis car collision lawyer, contact us today by filling out the confidential online consultation form, calling 1.866.620.5757 or 314.322.8515.

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1232 Washington Avenue,
Suite 220
St. Louis, Missouri 63103
P: (314) 322-8515
Toll Free: (866) 620-5757
john@pagecagle.com
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Missouri Automobile Crash Attorney Disclaimer: The car accident, auto accident, vehicle accident, and/or other Missouri legal information offered herein by John Page, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact a Missouri car accident lawyer for a consultation. This site is not intended to solicit clients outside the State of Missouri.

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