If you’ve been involved in a car accident recently, you may be wondering if you can be personally sued by the other driver. Perhaps you’re wondering if you have to sue another driver to recover your damages. Let’s take a look at the “ifs”, “ands”, and “buts”.
What If?
If you’ve been in a car accident, you essentially have three options according to Missouri law.
- You can file a claim with your insurance.
- File a third-party claim, also known as a liability claim, to get compensation from the other driver’s insurance company.
- File a personal lawsuit against the other driver.
Missouri is what’s called a “pure comparative fault” state, which means that in the event of a car crash or other type of accident that causes damage or injury, the person who is at fault is financially responsible for compensating the other party. It also means that if the other party is to blame, but the court finds that you hold partial responsibility as well, then the amount of compensation you receive will be decreased by the percentage of fault you hold.
For example, if the other party owes you $10,000 in reparations, but you hold 25% culpability, then the amount you recover will be reduced by 25%, to $7,500. That is much better than it used to be in Missouri, however, under “contributory negligence” which held that if you were partially at fault at all—even just 5%–you could not recover anything!
And?
How does the court determine who is at fault? According to the Missouri Revised Statutes Title XXXVI, fault can be defined by the presence of one or more of the following.
- Failure to use the car as intended (within reason) by the manufacturer, or using the car for an alternative purpose than intended by the manufacturer.
- For example, automobiles are not designed to be driven while intoxicated, therefore doing so would make a driver guilty for an accident.
- Using a product while fully aware of the danger that comes with it, and voluntary yet unnecessary exposure to said risk.
- For example, if the driver knows that driving a vehicle in need of brake fluid is dangerous and gets behind the wheel anyway, he or she is at fault.
- Irrational failure to understand the danger involved with using the product.
- Negligence in the form of failure to take the necessary safety precautions.
- Failing to mitigate (i.e. reduce) damages.
But…
Most claims against the other driver can be settled as an insurance claim, without having to sue the other driver in court, particularly if you have an attorney to help you.
Keep in mind, however, that any claim you have against the driver at fault, you must make sure that you file your claim within your state’s imposed time limits. Missouri has different time constraints for different kinds of civil cases. The two most common types of civil lawsuits concerning automobile accidents are personal injury and personal property damage cases. With the clock starting the day of the accident. You should be very aware, however, that a lot has to be done before a lawsuit can be filed—investigation, evidence gathering, etc.—so don’t wait to talk to a lawyer before it’s too late.
However, if the crash caused a death, the statute of limitations to file suit is even shorter under Missouri law. According to research conducted by the Missouri State Highway Patrol, there were 989 traffic accident fatalities in 2020 alone, which is a 12% increase from 2019. When claims are filed too late, it is highly unlikely that the court will consider your case, unless your lawyer is able to show a loophole allows your claim to still be pursued.
If you’ve been in a car accident, time is of the essence. Contact one of our personal injury lawyers for a free legal consultation to discuss getting you the compensation you deserve. The costs of damages to your vehicle, the costs of medical treatment, lost wages, your physical pain and suffering, and loss of enjoyment of life are too overwhelming to delay making your claim. There are no “ifs”, “ands”, or “buts” about it.
