Missouri Car Accident Lawyer

How does fault get divided in a Missouri car crash?

Fault is split by percentage, and your damages drop by your share. Missouri uses pure comparative fault, so your claim survives no matter how much of the blame you carry.

That rule shapes nearly every negotiation. Here is a worked example from a crash on Grand Boulevard in Kansas City, where one driver ran a late yellow light and the other pulled into the intersection early. A jury values the injured driver's losses at $180,000 and assigns that driver 35 percent of the fault. The recovery is $117,000. If the jury had put the injured driver at 65 percent, the recovery would still be $63,000. Each driver in a two-car crash may have a claim against the other.

Because every percentage point moves real dollars, insurers often argue about speed, phone use and lookout. Traffic signal timing, nearby business video and vehicle data are the best tools to answer them. Witnesses who stopped at the scene can also be valuable, but their memories fade, so we contact them early.

Does it matter that I was not wearing a seat belt?

Very little. Missouri law caps the reduction for not wearing a seat belt at 1 percent of your damages, so the argument cannot significantly cut your claim.

That rule is unusual. In many states, a defense lawyer can argue that unbelted injuries were caused by the injured person's own choice. In Missouri, that argument has a firm ceiling. Insurers may still mention it to unsettle you during negotiations, but it does not change the basic question of who caused the crash.

Who pays my medical bills before the case settles?

Usually your health insurance or optional medical payments coverage. Missouri has no personal injury protection system, so the at-fault driver's insurer pays only when the claim settles or a verdict is entered.

Until then, many people rely on:

• health insurance, Medicare or Medicaid,
• medical payments coverage on their own auto policy,
• paid leave or short-term disability through work,
• providers willing to wait for payment from the recovery.

Health plans and government programs may later claim repayment. We review those claims carefully, because reducing them puts more money in your hands.

What if the other driver had little or no insurance?

Your own coverage can step in. Missouri requires uninsured motorist coverage, and underinsured coverage is available if you chose it when you bought your policy.

Missouri's minimum liability limits are low compared with the cost of a serious injury. When the at-fault driver carries only the minimum, we look for other sources: underinsured coverage on your policies, an employer whose driver was working and, in some cases, a business whose negligence contributed. Rideshare crashes involve commercial coverage that applies depending on what the driver was doing on the app, which our rideshare and taxi accident team sorts out.

Which Missouri roads see the most serious crashes?

The most dangerous stretches mix heavy traffic, high speeds and sudden weather changes.

• I-70 between Kansas City and St. Louis carries constant truck and commuter traffic through long, busy stretches with frequent work zones.
• I-270, I-64 and I-44 in the St. Louis area see rush-hour congestion and chain-reaction collisions.
• I-435, I-35 and I-29 around Kansas City bring fast merges and interchanges.
• Two-lane highways in the Ozarks have steep hills, sharp curves and limited lighting.

Ice storms, flash floods and tornado season make conditions change quickly, and low-water crossings are a known danger in heavy rain. Drivers must adjust to weather, so a storm rarely excuses careless driving. People struck while walking have similar rights, explained on our pedestrian accident page.

What should you do after a Missouri crash?

1. Call 911 and get medical care right away.
2. Get the police report number and the other driver's insurance information.
3. Photograph the vehicles, the scene, traffic signals and your injuries.
4. Collect witness names and phone numbers.
5. Avoid recorded statements to the other driver's insurer until you have advice.

Missouri's 5-year deadline gives time, but strong cases are built early. If a semi was involved, see our Missouri truck accident page, and for other state rules visit our Missouri injury overview. We offer a free case review, and you pay no fee unless we win.