Missouri is an at-fault state for car accidents. This means when a crash happens, the driver who is determined to have caused it must pay for the damage through their insurance, or, if needed, out of their own pocket. At Meyerkord & Kurth, our accident attorneys in St. Louis help accident victims understand how fault is determined and pursue the compensation they deserve.
How Missouri’s System Differs From No-Fault States
Understanding the difference between Missouri’s at-fault rules and the approach in no-fault states is crucial if you’re ever in a car accident. These two systems change how and from whom you can seek compensation after a crash.
In no-fault states, every driver turns first to their own car insurance to pay for injuries and related losses, even if they weren’t at fault. This coverage is called personal injury protection (PIP).
Because PIP pays your medical expenses and some lost wages regardless of blame, your options to sue the at-fault driver are often limited, typically allowed only for very serious injuries. Missouri, on the other hand, does not require PIP coverage. Instead, if you’re hurt, you can go after the at-fault driver’s insurance for your medical bills, property damage, lost wages, and pain and suffering.
This means in Missouri, injured drivers and passengers generally have more control over how they recover compensation after an accident.
What Happens When a Driver is Found At-Fault in a Missouri Car Accident?
When a driver is found at-fault:
- Their insurance company should cover the medical bills and expenses caused by the accident.
- Compensation can also cover repairs or replacement of vehicles and other damaged property.
- If injuries are serious, claims may also address lost income due to time away from work and reasonable costs linked to recovery.
- Pain and suffering, lasting injuries, and loss of normal life may be included as part of a settlement or judgment against the at-fault party.
To get this coverage, you will have to prove that another party was negligent and responsible for the accident.
Proving Negligence in a Missouri Car Accident Case
To prove a car accident case in Missouri, the injured party needs to show four main things:
- Duty of Care: All drivers on Missouri roads owe a legal responsibility to operate their vehicles safely and follow traffic laws. This includes paying attention to the road, obeying signals and speed limits, and taking reasonable steps to avoid harming others.
- Breach: The other driver “breached” (broke) that duty, such as by running a red light, speeding, failing to yield, or driving distracted. A breach can involve any action or failure to act that falls below what a reasonably careful driver would do in the same situation.
- Causation: The defendant’s unsafe actions directly led to the collision and caused harm. This means the accident would not have happened, or would not have been as severe, if the driver had acted responsibly.
- Damages: Actual injuries or monetary losses resulted from the crash; this includes things like ER visits, surgeries, car repair costs, and missed paychecks. Damages can also include long-term impacts such as ongoing medical care, reduced earning ability, and pain and suffering.
Properly establishing what happened and who is responsible is key to recovering fair compensation. If you have any questions about your next steps and want to review your options to recover compensation for your damages, don’t hesitate to contact our team. Contact us today to schedule a free consultation with a St. Louis car accident lawyer.