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Missouri Car Accident Lawyer
Missouri · Illinois · Free Consultation
A car accident changes everything in an instant. One moment you are driving to work or picking up your kids, and the next you are sitting in an emergency room with no idea what comes next. If you were hurt in a Missouri car accident, you have real legal rights, and the person who caused it is responsible for what happened to you.
At Wayman Law Group, we represent car accident victims throughout St. Louis city and county, St. Charles County, Jefferson County, and Metro East Illinois, and we handle these cases on a contingency fee basis, meaning you pay nothing unless we recover for you.
What standard of care does a driver owe you?
Every driver in Missouri is required by law to exercise the highest degree of care under Section 304.012 RSMo. This is a higher standard than ordinary negligence, and it applies to every aspect of how a driver operates their vehicle. Because Missouri holds drivers to this standard, it is easier to establish that a driver who ran a red light, followed too closely, was speeding, or drove while distracted failed to meet the legal standard.
Negligence per se from traffic violations
When a driver violates a Missouri traffic statute, they may be liable under negligence per se — the violation itself establishes the breach of the standard of care. Common statutes at issue include Section 304.010 RSMo (maximum speed), Section 304.281 RSMo (running a red light), Section 304.022 RSMo (failure to yield to emergency vehicles), and Section 304.820 RSMo (cell phone use while driving).
Does it matter if you were partly at fault?
No. Missouri follows a pure comparative fault system. If you were 40% at fault and your damages total $100,000, you recover $60,000. Many states bar recovery at 50% or more — Missouri does not. Insurance companies will try to inflate your share of fault to reduce what they owe; having an attorney who understands Missouri allocation rules makes a real difference.
What compensation can you recover?
There is no cap on economic or noneconomic damages in Missouri car accident cases. The Section 538.210 RSMo cap applies only to medical malpractice, not car accidents. Recoverable damages include:
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Past and future medical expenses
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Lost wages and loss of earning capacity
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Pain, suffering, and emotional distress
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Permanent disability or disfigurement
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Loss of enjoyment of life
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Property damage and loss of use
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Loss of consortium (separate spousal claim)
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Punitive damages in DUI or extreme recklessness cases
What if you had a preexisting injury?
The at-fault driver takes you as they find you. Missouri fully applies the eggshell plaintiff rule — if the accident aggravated or worsened a preexisting condition, you are entitled to compensation for that aggravation, even if a healthier person would not have been injured as severely.
What if the at-fault driver has no insurance?
Missouri requires uninsured motorist (UM) coverage on every auto liability policy under Section 379.203 RSMo. Anti-stacking clauses are void as against public policy — if you have multiple vehicles insured, you may be able to stack UM coverage. Underinsured motorist (UIM) coverage kicks in when the at-fault driver's limits are not enough.
Statute of limitations
Under Section 516.120 RSMo, you have five years from the date of injury. Wrongful death claims must be filed within three years under Section 537.100 RSMo. Claims involving government drivers are subject to pre-suit notice requirements and damages caps. Evidence degrades quickly — black box data, surveillance, and cell phone records can disappear within days.
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