Most Missouri personal injury cases are based on the understanding that we all owe a duty of reasonable care to others. This duty requires us to take reasonable actions to avoid causing harm to those in our orbits. In all other states, this duty of reasonable care standard also applies in St. Louis car accident claims, but Missouri holds drivers to a higher standard. In Missouri, the law expects drivers to use the highest degree of care when sharing the roads with others.
What Is the “Highest Degree of Care” Standard for Missouri Drivers?
Missouri’s duty of care requirement is listed under Missouri 304.012, which states the following:
“Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care…”
Other states require car drivers to take reasonable measures to avoid causing an accident and reserve the “highest degree of care” standard for public transit drivers, but Missouri demands the highest degree of care for the operators of all vehicles on the road.
How Does Missouri’s Requirement for the Highest Degree of Care Affect a Car Accident Claim?
With the exception of a handful of no-fault car accident states where car accident victims file compensation claims against their own personal injury protection (PIP) policies after an accident, most states require car accident victims to file claims against the at-fault party’s insurance. A successful claim in these states must show compelling evidence that the at-fault party failed to uphold their legal duty of reasonable care.
In these cases, the at-fault party’s insurer has leeway to argue what degree of lack of reasonable care constitutes negligence, and what actions a “reasonable” person would have taken under the same circumstances. Under Missouri’s requirement for a driver to uphold the highest degree of care, a driver may be held liable for negligent actions, such as the following types of vehicle accidents:
- Speeding
- Distracted driving
- Improper merging
- Unsafe lane changes
- Failure to yield the right of way
- Dangerous passing
In Missouri, a driver doesn’t have to drive aggressively, run a red light, or illegally pass another vehicle to be held liable for damages in a car accident. A driver who texts and drives or acts carelessly behind the wheel does not show the high degree of care required by Missouri drivers.
Missouri drivers must always operate their vehicle with the high degree of prudence that a very careful driver would exercise. Causing an accident leaves the negligent driver liable for an accident victim’s damages and may also be a class A misdemeanor in Missouri.
Proving Liability In Missouri Car Accident Claims
Establishing evidence in Missouri car accident cases requires an investigation that typically encompasses the following:
- Examining the car accident report
- Inspecting the accident scene and any photo or video evidence
- Gathering eyewitness testimony
- Using models developed by accident reconstruction specialists
While the at-fault party’s insurance company examines evidence and seeks to reduce their client’s liability under the state’s modified comparative negligence system, which assigns fault percentages to both drivers, an experienced car accident lawyer representing the injury victim investigates the accident to document evidence of the responsible driver’s failure to uphold the highest degree of care and full liability for damages.