First thing first; what’s a tort? The Merriam Webster definition is “a wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction”. In plain English, this means that a tort is a crime (other than breaking a contract) that harms and warrants compensation for the victim, whether the wrongdoing was intentional or not. A few kinds of common types of unintentional torts include damage to personal property, conversion of personal property, negligence, and recklessness.

With these things in mind, let’s take a look at whether or not a car accident is considered a tort.

An A-tort-ment of Torts
There’s a whole assortment of different kinds of torts, but there are two umbrella categories that are most important when determining the level of culpability held by each party: intentional and unintentional.

  • Intentional torts, as the name suggests, occur when the party that caused harm did so knowingly and purposely. These torts include, but are not limited to:
  • Assault
  • Battery
  • Fraud
  • Unintentional torts are merely accidents, but are still considered torts because of the element of negligence involved, such as:
  • Workplace accidents
  • Most cases of medical malpractice
  • Slip and falls

Car Accidents
In short, car accidents are generally considered unintentional torts since the majority of them are caused by some form of negligence, rather than the intent to cause harm. In negligence-based cases, there are usually four basic factors in play, which are duty, breach of duty, causation, and damages.

  • Duty refers to the legal obligation to act with reasonable care to avoid causing harm to others as much as possible. According to Missouri Statute 304.012.1, “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.”
  • Breach of duty describes when the defendant fails to follow his or her obligation to act with reasonable caution. When it comes to driving, some breach of duty instances include texting while driving, speeding, and driving under the influence of drugs or alcohol.
  • Causation means that the breach of duty directly led to harming the plaintiff (injured party). In other words, something is considered a causation if the injury or damage would not have happened otherwise.
  • Finally, for a case to be considered one of negligence, there must be damages caused by the defendant, such as medical bills, lost wages, property damage, and pain and suffering. 

Missouri Law
Missouri is a fault state, also known as a tort state, which means that in the event of a car accident, the driver who is determined to be at fault covers the victim’s accident-related expenses through insurance.

Of course, not all accidents are cut and dry. When both drivers are partially responsible for the collision, comparative negligence laws are applied. For example, if driver A was texting while driving, he or she may be considered 70% at fault, while driver B who was speeding may be 30% at fault. The settlements for damages are proportional to the percentage of blame, so in this scenario, if driver B is awarded a $10,000 settlement, he or she will only get $7,000 of that amount.

Tort Insurance
If you’re a Missouri driver, here’s what you need to know about tort insurance.

  • It’s usually less expensive than car insurance in no-fault states.
  • Drivers are entitled to file a lawsuit for almost any damages or losses caused by the accident, such as medical bills that are higher than what is covered by the at-fault party’s liability insurance, emotional distress, and lost wages.
  • Starting on the day of the accident, you can sue or be sued up to five years later.
  • Currently, Missouri has no limit to the amount of compensation a person can receive.
  • No matter what the percentage of fault is, anyone can claim damages- even if the other driver is only found to be 1% at fault.

To Minimize Your Fault…

  • Hire an attorney as soon as possible.
  • Never apologize after a car crash, whether you think it was your fault or not.
  • Do not post about the accident on social media until your case is through.
  • Take pictures of the damages from all possible angles.
  • If you are asked to make a recorded statement, do not agree to it until your lawyer is present.
  • Don’t talk to the other driver’s insurance company- your attorney will handle those communications.
  • When meeting with the other driver involved, keep any comments you have about the situation to a minimum to avoid accidentally incriminating yourself.
  • Ask for a copy of the police report.
  • If possible, get a written statement from any witnesses.

It’s always important to have a personal injury lawyer in your arsenal to protect your rights. If you’ve been in an accident, take advantage of our free legal consultations to get professional legal advice with one of our experienced lawyers.