Accidents happen fast—but the impact can last for years, and in some cases, a lifetime. If you’ve been involved in a collision in Missouri, understanding your rights and getting solid traffic accident legal advice can help you avoid costly mistakes, especially when dealing with insurance companies.
Whether you’re at fault or not, how you respond in the hours and days after a crash can drastically influence your ability to recover damages, get medical care, and protect yourself from legal exposure.
Step-by-Step: What to Do After a Traffic Accident
1. Check for Injuries and Call 911
Your first priority is safety. Check for injuries, move to a safe area if possible, and dial 911. Missouri law requires you to report any accident that causes injury, death, or over $500 in property damage.
“Drivers must report any accident involving injury or death to the nearest law enforcement agency immediately.” – Missouri Department of Revenue
2. Document the Scene
Take clear photos of damage, license plates, insurance cards, road conditions, and any visible injuries. If you can, collect witness names and contact info.
3. Exchange Information
Exchange name, contact info, driver’s license number, license plate, and insurance details with the other driver. Be polite but avoid admitting fault.
4. Seek Medical Attention
Even if you feel okay, it’s smart to get checked out. Some injuries—like whiplash or internal trauma—don’t surface until hours or days later. Your medical record is also key evidence.
5. File a Police Report
Request a copy of the police report. In Missouri, this report may be vital in establishing fault and discovering insurance.
Reed Martens, attorney at our Kansas City, Missouri office, notes:
“You’d be amazed how many people unintentionally devalue their case by saying too much or not getting a report filed. If there’s any doubt in your mind, consult with an attorney first.”
Your Rights After a Crash in Missouri
You also have the right to make a claim with the party’s insurer and perhaps your own insurer. You also have the right to file a personal injury lawsuit in civil court. It’s important to consult with an attorney to find out which options are available and best for you. Remember, most consultations with personal injury attorneys are free.
“Missouri follows a pure comparative fault system, allowing injured persons to recover even if they’re partially at fault.” – Chip Lee, attorney at our Springfield, Missouri office
For example, if you are determined to be 30% responsible for the crash, you can still recover 70% of the total damages award.
When Should You Get Traffic Accident Legal Advice?
Not every crash needs a lawyer. But if your accident involved serious injuries, multiple parties, commercial vehicles, disputed liability, or insurance claim or coverage denial—legal help is likely the way to go.
Here are key signs to seek counsel:
- You suffered injuries requiring ongoing care
- The other driver is uninsured or underinsured
- Fault is disputed
- You’re being pressured to settle quickly
- You missed work or lost income
- A fatality occurred
Reed Martens advises:
“The earlier we get involved, the better we can protect the case. Once an insurance adjuster calls, your words can—and will—be used against you.”
What an Attorney Can Do For You
A personal injury attorney will:
- Investigate the scene, vehicles involved, and other evidence.
- Communicate with insurance companies, present settlement offers and negotiate a resolution.
- Manage and resolve medical liens or reimbursement claims.
- File a civil lawsuit and prepare your case for trial, if needed.
- Handle any appeal after trial.
Most lawyers work on a contingency fee basis, meaning you don’t pay unless they win your case.
What If the At-Fault Driver Is Uninsured?
Missouri requires all drivers to carry uninsured motorist coverage, which protects you if the other driver lacks insurance. However, these claims can still be complicated.
Reed Martens explains:
“Uninsured, or underinsured, claims in Missouri are complicated, and often defended vigorously by insurance companies. Full and fair payment of a claim is rarely automatic. You have to fight for it.”
Special Situations: Passengers, Pedestrians, and Commercial Vehicles
Passengers
If you were riding as a passenger, you can file a claim against any at-fault driver—including the one operating the vehicle you were in. You also may be covered under multiple policies.
Pedestrians or Cyclists
Injured while walking or biking? You still have the same right to pursue a claim. You don’t need to own a vehicle to file a claim or lawsuit against a negligent driver. However, if an injured party does not maintain their own auto insurance, it may affect their ability to recover non-economic damages (i.e., pain, suffering, and mental anguish).
Commercial Vehicle Crashes
Accidents involving trucks, delivery vans, or rideshares often involve a deeper understanding of the applicable laws and rules, including analysis of employer liability called respondeat superior or vicarious liability.
What Can You Recover?
If another driver is found liable, you may be entitled to:
- Past and Future Economic Damages, such as medical expenses and lost wages and
- Past and Future Non-Economic Damages, such as pain, suffering, and mental anguish.
If a Missouri car accident results in death, there are separate elements of damages to family members that must be proven.
Additionally, in cases involving reckless conduct, such as those involving intoxication or distracted driving, punitive damages may be awarded.
Common Mistakes to Avoid
- Admitting fault at the scene (let investigators determine this)
- Failing to obtain medical care because you think pain will go away after a few days.
- Not taking photos
- Talking to the other driver’s insurance adjuster without counsel
- Accepting a low settlement early on
Reed Martens adds:
“We see people take a $25,000 offer for a six-figure (or more) injury because they were overwhelmed. Get legal advice before signing anything. Again, most consultations are FREE.”
Car accidents are overwhelming—but they don’t have to derail your future. With the right legal guidance and proper documentation, you can protect your rights and recover what you’re owed. Our team in Kansas City has helped countless Missourians take the right steps after devastating crashes. If you need traffic accident legal advice, we’re ready to help.
