Everything You Need to Know about Car Accidents in Missouri

Being prepared to avoid car accidents while driving in Missouri

Unfortunately, automobile accidents happen. For this reason, you should be aware of the risks so you can protect yourself whenever you’re behind the wheel. Knowing the risks and their severity also helps you know whether or not you will need the help of a car accident lawyer.

Missouri is a state known for its harsh winds, seasonal storms, and cold winter — all of these factors contribute to an increased risk of accidents. Therefore, it’s vital that you understand the car accident and insurance laws of the state so that you know what to do in the unfortunate case that one should occur.

Dangers to prepare for on the road

Listed below are a few risky driving habits that you have to be aware of whenever you’re operating a vehicle. While these dangers may not be specific to Missouri, it’s essential for you to be mindful of them so that you can avoid them while you drive.

If you do experience any of the following dangers, whether as a victim or as the perpetrator, you should seek the legal advice of a car accident lawyer.

Distracted driving

It isn’t uncommon to see people driving with their phone in hand, which is something that you should absolutely avoid. When you’re driving a car, it’s crucial to pay attention to the road and put all of your focus on what’s going on around you.

Driving with a phone in hand means that your eyes will be off the road, which can lead to an accident. Negligent drivers are accountable for any damage and injury they cause.

Speeding

Speed limits exist for a reason, so it’s imperative that you follow them strictly. If you run into an accident at high speed, the potential for severe damage and injury will be much higher.

In the case that you run into an accident while going above the speed limit, you may be fully responsible for the compensation to which the other party is entitled.

On the flip side, having a car accident lawyer on your side will make sure you receive all the compensation you are entitled to if you are a victim of an accident.

Violation of traffic regulations

Traffic laws are designed to ensure that everyone can drive safely on the road. If you are found to have disobeyed the traffic laws, you may be fined on top of having to pay for the damage caused by the accident.

Driving under the influence (DUI)

Missouri’s traffic code sets clear expectations for safe driving, and violations of these rules, including speeding, running signals, and unsafe lane changes, routinely factor into fault determinations after a crash. A driver who was speeding or otherwise breaking traffic law at the time of a collision can be found substantially or fully liable for the resulting harm.

Impaired driving remains one of the most dangerous violations on Missouri roads. The state’s legal blood alcohol concentration (BAC) limit is 0.08% for drivers 21 and older. Exceeding that threshold, or showing other signs of impairment, can result in a DWI charge. Beyond criminal penalties like fines, license suspension, and possible jail time, a driver who causes a crash while intoxicated typically faces both compensatory and punitive damages in a civil injury claim, since intoxication is treated as an aggravating factor by Missouri courts and juries.

Distracted Driving and Missouri’s Hands-Free Law

Missouri’s rules on cell phone use behind the wheel changed significantly in recent years. The Siddens Bening Hands Free Law, codified at RSMo 304.822, defines an “electronic communication device” broadly as a portable device used to initiate, receive, store, or view communication, information, images, or data electronically. The law was signed in August 2023, but before January 1, 2025, officers who stopped a noncommercial vehicle for a violation could only issue a warning rather than a citation.

As of January 1, 2025, drivers pulled over for distracted driving can be issued a $150 ticket for a first violation, $250 for a second, and up to $500 for a third within two years. Violations in work or school zones carry an automatic $500 fine. The law prohibits holding or supporting a phone or similar device in your hand, lap, or elsewhere on your body while driving, which covers texting, video calls, manual dialing, browsing, and recording video. Hands-free tools like Bluetooth, dashboard mounts, and voice commands remain legal. The law is named for Randall Siddens of Columbia and Michael Bening of Raymore, both killed by distracted drivers.

Enforcement data suggests the law is having a measurable effect. The Siddens Bening Hands-Free Law helped avoid roughly 660 injuries and five fatalities in its first year, according to telematics data cited by AAA Missouri. Even so, distracted driving remains a leading cause of Missouri crashes, and any driver found violating this law after causing a wreck faces a strong presumption of fault in a resulting injury claim.

Additional obstacles you may face while driving

If an accident is caused by poor road conditions and can be proven in court, the bureau or government body could be sued for failing to properly maintain the roadway.

Car and truck manufacturers may also be sued if an accident is caused by a vehicle malfunction or defect.

Who’s Liable When the Road or the Vehicle Is the Problem

Not every crash is caused by driver error alone. When poor road design, inadequate maintenance, or a missing guardrail contributes to a wreck, the government entity responsible for that roadway may bear some liability. Claims against the state or a municipality involve sovereign immunity issues and shorter notice deadlines than typical injury claims, so acting quickly matters.

Vehicle defects are a separate avenue of liability. If a crash was caused or worsened by a manufacturing or design defect, such as a failed brake system, a seatbelt that didn’t restrain properly, or an airbag that malfunctioned, the manufacturer or a parts supplier may be liable under Missouri product liability law, independent of who was at fault for causing the initial collision.

Comparative Fault: How Missouri Handles Shared Blame

Many crashes involve more than one driver making a mistake. Missouri follows a pure comparative fault rule, established by the Missouri Supreme Court’s 1983 decision in Gustafson v. Benda. Under this system, an injured person can recover damages even if they were partly at fault for the crash. Their recovery is simply reduced by their percentage of fault. For example, a driver found 30% responsible for a collision can still recover 70% of their damages from the other party. This differs from states that cut off recovery entirely once a plaintiff crosses a 50% or 51% fault threshold, so Missouri’s rule tends to be more favorable to injured claimants than the laws of many neighboring states.

Missouri Is an At-Fault State

Missouri operates under a fault-based (tort) insurance system, not no-fault or PIP coverage. That means the driver who caused the crash, or their insurer, is financially responsible for the resulting damages. Injured parties can pursue compensation either through the at-fault driver’s liability insurance or, in some situations, through a direct lawsuit. All Missouri drivers are required to carry minimum liability insurance, and uninsured/underinsured motorist coverage is worth carrying given how often claims involve a driver who lacks adequate insurance.

How Long You Have to File a Claim

Missouri’s five-year statute of limitations, found at RSMo 516.120, covers actions for injury to a person and applies to the vast majority of car accident claims. That means most people have five years from the date of the crash to file a lawsuit, one of the more generous windows in the country compared to states that allow only two or three years. Wrongful death claims arising from a fatal crash are subject to a separate three-year deadline. It’s worth noting that Missouri lawmakers have introduced bills in recent years proposing to shorten the general personal injury deadline to two years. None had passed as of this writing, but the statute of limitations is not guaranteed to stay at five years indefinitely, so it’s wise not to delay in bringing a claim.

Do I need a Car Accident Lawyer?

If you were recently in a car accident (whether as a defendant or a victim), you should strongly consider working with a professional car accident lawyer.

Personal injury lawyers like Ortwerth Law can help to protect your rights if you’re in the wrong and help to ensure that you get the compensation you’re owed if you’re not at fault.

Your car accident lawyer can also help to negotiate with the insurance company to ensure that you receive the compensation you deserve for your car damage, medical bills and your injuries.

Do you need compensation or legal advice for your accident? Get in touch with us today for your free consultation!

Ortwerth Law specializes in personal injury law, and we are always more than happy to help!