The Difference Between No Fault and At Fault States

In a no fault state, each injured person in a car crash files a claim with their own insurer, no matter who caused the accident.

In an at fault state, the driver who caused the crash is responsible for covering the damages they caused.

Missouri is an At Fault State

Missouri drivers are financially responsible for any injuries that occur as a result of their actions behind the wheel.

Because of this, the state requires drivers to carry minimum amounts of liability insurance. In the event of a crash, liability insurance does not pay for your own injuries, but it does cover any other people who were hurt by your actions.

What States are No Fault States?

There are only 12 truly no fault states when it comes to traffic accidents. In a no fault state, every injured person files a personal injury claim with their own insurer, rather than the insurer of the driver at fault.

The nation’s no fault states are Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

How Fault Affects Car Accident Settlements

In an at fault state like Missouri, determining who caused the accident is crucial. Liability coverage only applies if the at fault driver’s insurance company agrees its customer is to blame for the accident.

Before you can be compensated for medical expenses, lost wages, damaged property, and other losses from a car accident, you have to prove who was truly at fault.

This can be difficult if the facts of the accident are in dispute. Insurance companies have a multitude of legal techniques they apply to cast doubt and reduce payouts.

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Evidence Used to Prove Fault in a Car Crash

Attorneys and insurers have a number of ways to prove who was at fault in an accident. Evidence they point to may include:

• Witness testimony
• Police reports
• Photos of the crash scene and damage to vehicles
• Videos from traffic cameras, nearby security cameras, and dashboard cameras
• Clues at the scene, such as tire marks and damage to plants or structures
• Vehicle maintenance records
• Cell phone records
• Toxicology reports
• Analysis from expert witnesses and accident reconstructionists

What is Comparative Fault?

One way an insurance company may successfully argue for a reduced settlement is by claiming comparative negligence, or comparative fault.

Comparative negligence means both drivers were partially at fault for the accident.

For example, if one driver was illegally blocking a traffic lane, and they were rear-ended by a driver who was going too fast and couldn’t stop in time, it could be argued that both are partly at fault.

You can bear partial responsibility for an accident and still make a claim against the other driver. Comparative negligence does not prevent you from winning a settlement, it just reduces the amount of the settlement you receive.

In a lawsuit involving comparative fault, the court calculates what percentage of responsibility to attribute to each driver. The payout is reduced accordingly.

For example, if you are awarded a $100,000 settlement for a crash in which you bore 25% of the fault, your payout would be $75,000 ($100,000 minus 25%).

When Do You Need a Lawyer?

If you were hurt in a car accident, you need to talk to a lawyer.

Car crashes are investigated by the police, by insurance companies, and by attorneys. Of these three, only lawyers are working for their clients’ best interests.

Police investigate to determine who to charge.

Insurers investigate to determine the minimum amount they can get away with paying.

Lawyers investigate to fight for compensation that gets their clients’ lives back on track.

Insurers sometimes go to great lengths to delay paying a claim, to argue for a smaller settlement, or to avoid making a payout altogether.

Their attorneys have been known to argue obscure legal loopholes. They have also been known to confuse or intimidate victims into agreeing to settlements that are too low.

The experienced legal team at Fernandez Law is onto all of these tricks. We protect our clients from underhanded tactics and get them the compensation they deserve.

An attorney can help you find the money to cover your damages. If the limits of the at fault driver’s insurance policy don’t cover your losses, we can help you file a claim against the driver directly to make up the difference.

With legal help, car accident victims can often recover compensation for such losses as:

• Property damage
• Emergency medical care
• Ongoing medical expenses
• Lost wages and income
• Reduced future earning capacity
• Physical pain and discomfort
• Emotional distress
• Reduced quality of life

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How Fault in an Accident Affects Car Insurance

Missouri requires drivers to carry minimum levels of liability insurance in the event they cause an accident. Missouri auto insurance policies are required to include at least:

• $25,000 per person and $50,000 per accident for bodily injury
• $25,000 per accident for property damage
• $25,000 per person and $50,000 per accident for uninsured motorist coverage

Uninsured motorist coverage is intended to protect you if you are in a crash caused by an uninsured driver. If the at fault driver has no insurance, your own uninsured motorist coverage should activate to pay for your injuries.

Your own insurance company may not be any more eager to pay your claim than an insurer covering an at fault driver. Your lawyer can help you file a claim with your insurer that gets you the compensation you are due.

If you are hit by an uninsured driver, you may be able to go after the driver directly. Even after filing a claim with your insurer, you may be able to sue the driver for negligence.

How Fault Affects Insurance Rates

Insurance companies use complicated formulas to determine each driver’s risk and set their rates accordingly.

Bankrate found drivers with an at fault accident on their record pay 45% more on average than drivers who have never caused an accident.

In general, causing an accident will raise your insurance rates, while being involved in an accident that was not your fault will not.

However, even if the accident was not your fault, it is still possible your insurer will reassess your risk level and decide to charge you more.

Who Decides Who Was At Fault?

Most car accident settlements are reached out of court. Both parties agree on the level of comparative negligence and the amount of damages.

If the parties cannot agree to a settlement, the question of who was at fault can only be determined by a judge or jury.

Case Study: Boxdorfer vs. Lason Corp. and Jones

When our client was injured in a collision with a truck, the initial police report found he was 100% at fault, making him ineligible for compensation.

Our investigation was more thorough. We identified witnesses who had not been interviewed by police.

Their testimony shed new light on the facts of the case and proved the truck driver was actually at fault. Our client was awarded a $4 million settlement.

The Process of Determining Who Was at Fault in an Accident

Immediately after a vehicle crash, authorities begin trying to determine who was at fault.

The police are typically the first investigators on the scene. They interview witnesses, collect and record forensic evidence, and write a report.

In some cases, police may use accident reconstruction techniques. These techniques use evidence at the scene to calculate figures like speed and point of impact. With these techniques, experts can reconstruct what happened in the moments before the collision.

Insurance adjusters conduct their own investigation. They may begin before the police investigation has concluded. Insurance adjusters will use similar techniques as police and collect similar kinds of evidence.

While police investigators are seeking to determine criminal fault, insurance investigators want to calculate comparative fault to determine the amount of the settlement they will offer.

When you hire an attorney, we will conduct our own investigation. We are also trying to establish what happened in the moments before, during, and immediately after the crash. Our goal is to make sure the victims of the crash receive just compensation for their injuries.

After the investigations conclude, you should receive a report of investigators’ findings. If you do not receive a copy of the police report, you can ask for one.

If the insurer of the at fault driver offers you a fair settlement, your attorney will encourage you to accept it.

If the offer is less than you deserve, we will negotiate with the insurer on your behalf. Negotiations will end with either a settlement agreement or a court trial if an agreement can’t be reached.

Your attorney will also investigate whether there are additional parties with a duty of care in the case. If liability limits aren’t high enough to cover your losses, claims against these additional parties can add to your compensation.

Were You Hurt in a Car Accident?

If you were hurt in a car crash that wasn’t your fault, you are entitled to compensation from insurers, the other driver, and anyone who failed in their duty of care.

The experienced, empathetic legal team at Fernandez Law is committed to helping you. Schedule a free consultation to start claiming the compensation you deserve.

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Around 18% of Missouri traffic crashes are hit-and-runs. Under state law, a driver commits a hit-and-run if they flee the scene of an accident that killed, injured, or damaged the property of another person without providing vital information.

When a driver strikes a person or property belonging to another person, they are required to leave their name, home address, driver’s license number, and the license plate number of the vehicle they are driving. They can give this information to the injured party or a police officer, if either are on the scene. They can also leave the information, along with information about the crash, at the nearest police station.

Compensation After a Hit-and-Run

A person who suffers a hit-and-run often worries about who will cover the cost of their injuries and property damage. In Missouri, the answer is the injured person’s own insurance company.

Missouri law requires every auto insurance policy to include Uninsured Motorist coverage. This covers any injuries or damages you suffer in a crash with an uninsured driver or an unknown driver.

Filing an Uninsured Motorist claim should not affect your insurance rates. Insurance rates are based in part on your driving history, and in the case of a hit-and-run, you are not the driver at fault.

It’s always a good idea to have a lawyer file the insurance claim on your behalf, even when you are working with your own insurance company. Insurance companies are in business to make a profit, and one way they do that is by paying out as little as possible in claims, even to their own customers.

Communicating with your insurer through a legal expert makes it more likely you will get the full compensation you’re entitled to. Under state law, auto insurance policies must provide the following minimum coverage:

• $10,000 in property damage liability
• $25,000 per-person bodily injury liability
• $50,000 per-accident bodily injury liability
• $25,000 per-person uninsured motorist coverage
• $50,000 per-accident uninsured motorist coverage

Missouri Hit-and-Run Statistics

Sources: The National Highway Traffic Safety Administration, Missouri State Highway Patrol, and ValuePenguin 

What to Do If You’re the Victim of a Hit-and-Run

If you are personally involved in a traffic crash, get medical attention immediately. Even if you seem to be uninjured, you may have suffered internal or musculoskeletal injuries that are not immediately apparent.

Call the local police as soon as possible. The sooner the police have information about a hit-and-run, the more likely they are to find the culprit. The accident must be reported in the jurisdiction where it happened.

Take pictures of the scene of the accident and any property damage. If you were present when the crash took place, record all the details you can remember before your memory starts to fade. You can note the details in writing or record yourself talking about them.

If you were not present when the crash occurred, record a detailed description of how you found the damage.

See if there were any witnesses to the crash. Make a record of their statements and their contact information, and share that information with police.

Contact a lawyer as soon as possible to file an insurance claim. Many insurers require a claim to be filed within 72 hours of the crash, though deadlines can vary from one insurer to the next.

Describing a Hit-and-Run Driver

Any description witnesses can provide about a fleeing vehicle is valuable. The more details you can provide, the better. Police are most likely to find a vehicle if they have the following information:

• Vehicle make, model, and color
• Full or partial license plate number
• Distinctive features like damage, bumper stickers, or custom parts
• The direction the vehicle was traveling, both before and after the crash
• Description of the driver

Missouri Hit-and-Run Laws

Missouri is an at-fault state. That means the driver who is at fault for an automobile crash is responsible for paying damages to anyone who was injured or suffered property damage as a result of the crash.

If the at-fault driver is unknown, insurance companies pay out damages as though the crash was caused by an uninsured driver. When the guilty party in a hit-and-run is found, they can face civil and criminal penalties.

Civil Penalties

The victim of a hit-and-run crash can file a claim with the at-fault driver’s insurance company, even if the victim’s own insurer already paid a claim.

The injured person may also sue the driver directly. They could seek additional compensation for negligence because the driver left the scene.

In addition, an insurance company may sue the at-fault driver to recover payments it made under the victim’s Uninsured Motorist coverage.

Criminal Penalties

The state of Missouri takes leaving the scene of a crash seriously. Hit-and-run convictions cannot be expunged from a driver’s record.

If a municipal or county police agency issues a ticket to a hit-and-run driver, that driver will receive 6 points on their Missouri driver’s license record. If the ticket is issued by the Missouri State Highway Patrol, the driver will receive 12 points on their license.

A driver who racks up 12 points in 12 months will have their license suspended for a year.

Depending on the circumstances of the crash, the driver in a hit-and-run may face misdemeanor or felony charges.

Hit-and-Runs on Private Property

If a hit-and-run crash happened on private property, such as a parking lot, it can still be investigated as a crime. Police have jurisdiction to investigate a hit-and-run on private property as long as someone who suffered an injury or property damage requests police involvement.

Are You the Victim of a Hit-and-Run Driver?

If a hit-and-run driver injured you or damaged your property, we can help you recover. The caring legal experts at Fernandez Law take on powerful insurance companies to help our clients get the compensation they deserve.

Schedule your free consultation today

The post Recovering From a Hit-and-Run appeared first on St. Louis Trial Lawyers.

Do I need a personal injury attorney?

Personal injury attorneys help people who have suffered physical harm to get compensation. Compensation might include coverage for economic losses like medical bills and for intangible damages like pain and suffering.

There are many ways to define “injury,” and not every person who gets hurt needs the services of an attorney.

Rather than trying to make this difficult determination yourself, if you’ve suffered an injury, reach out to Fernandez Law for a free consultation. Experienced legal staff will listen to your story, gather information, and advise you of your next best steps – which may or may not include legal action.

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Reasons people hire personal injury lawyers

People are most likely to contact a lawyer when they’ve been hurt in a vehicle crash or a workplace accident.

The National Highway Traffic Safety Administration reports around 2.5 million people are hurt in car and truck accidents on American roadways each year. Many of these people seek compensation from the drivers, trucking companies, or other entities responsible for their injuries.

Workplace accidents are another leading cause of personal injury claims. According to the National Safety Council, the leading causes of workplace accidents are:

• Exposure to hazardous substances
• Exposure to dangerous working conditions
• Overexertion
• Slips, trips, and falls

Besides vehicle and workplace accidents, people also commonly contact personal injury lawyers when they were hurt by dangerous products, when they were injured in an unsafe environment, and when they suffered at the hands of a medical professional.

Is hiring a personal injury attorney worth it?

It could be in your best interest to hire a personal injury attorney even if you don’t want to sue. A lawyer does more than represent you in court; they protect your rights and even your ability to recover in peace. Here are nine ways a lawyer could help you after an injury:

1. They will advise you of your rights
2. They will handle interactions with insurance companies
3. They can help you avoid innocent mistakes that could hurt your claim
4. They will gather evidence to prove who was at fault
5. They will retain experts to support your claim
6. They will document damages and calculate their value
7. They will negotiate a fair settlement for you
8. They will protect you from harassment while you recover
9. They can help lower your medical bills

1. They will advise you of your rights

Lots of people will try to give you advice after an injury.

Friends and family, no matter how well-intentioned, may not understand the details of the law. Insurance companies and the at-fault party may try to influence you to make decisions in their best interests, not yours.

With a personal injury lawyer on your side, you will understand your rights and can make informed choices about what you want to do.

2. They will handle interactions with insurance companies

Insurance companies – even your own insurer – have a strong interest in paying out as little as possible in claims. Insurance claims and settlement negotiations are often tedious and deliberately complex. They are designed to convince you to accept a minimum payout.

Once you’ve hired a personal injury attorney, insurance companies can no longer contact you – they can only communicate through your lawyer. Our experienced staff will file claims and negotiate settlements on your behalf, making sure you get what you are entitled to under the law.

3. They can help you avoid innocent mistakes

Many people who suffer personal injuries unknowingly undercut their own claims. Innocent-seeming actions like answering questions, signing a statement, or throwing away hospital paperwork can later come back to haunt you.

Your legal guide can help you avoid these mistakes, so your claim is supported by strong evidence.

4. They will gather evidence to prove who was at fault

You can’t rely solely on a police investigation to prove who was at fault for the accident that caused your injuries. We represented a person who was injured in a truck accident that the police report said was 100% his fault.

Our investigation found eyewitnesses never interviewed by police. Their testimony changed the characterization of the crash, and we won our client a $4 million settlement.

Evidence gathering is a critical step that gets harder as time goes on. Evidence disappears and witnesses forget. This is why it’s important to hire an attorney as soon as possible after suffering an injury.

5. They will retain experts to support your claim

Expert testimony is tremendously valuable, particularly if your claim should go to court. There are experts who can testify to the circumstances of your injury – like traffic experts who can reconstruct the events leading to a car crash or equipment experts who can testify to the condition of workplace machinery.

If your claim involves medical malpractice, the law requires expert testimony from an uninvolved medical professional.

It’s overwhelming to find, contact, and hire these experts on your own. We have access to a network of experts, and we know exactly how to contact them and what to ask.

6. They will document damages and calculate their value

Calculating compensation might seem straightforward at first. But a personal injury attorney looks beyond the face value of damages.

For instance, if a workplace accident caused an injury to your hand, the obvious claim is coverage for the medical treatment. But if you can’t work with an injured hand, you should also be compensated for lost income.

And what if the injury means you can never again pursue a favorite hobby, like playing the guitar? How does one calculate the value of that?

Your legal team looks beyond the present to the long-term consequences of your injury, and makes sure your claim reflects all those ramifications.

7. They will negotiate a fair settlement

When you’re recovering from an injury, you shouldn’t have to go toe-to-toe with lawyers and insurance companies to argue for what’s yours.

Fernandez Law puts our knowledge of the law, our sharp negotiating skills, and our dogged determination to work to get you a fair settlement.

8. They will protect you from harassment while you recover

People pursuing a personal injury claim are often subjected to incessant phone calls, emails, and visits from lawyers and insurers aggressively pushing an unfair settlement.

Hiring a personal injury attorney instantly ends that harassment. Once we’re working for you, all those communications have to come through us – leaving you to recover in peace.

9. They can help lower your medical bills

Insurance companies aren’t the only businesses we’ll negotiate with on your behalf. A personal injury attorney can also negotiate with medical providers to reduce bills and establish manageable payment plans.

How to know if you have a case

Not every person with an injury has a viable personal injury case. To argue a personal injury claim under the law, you must be able to prove:

1. You suffered an injury due to someone else’s action or inaction
2. The responsible party owed you a duty of care
3. The duty of care was not met

“Duty of care” means the person or organization had a legal responsibility to avoid any behaviors a reasonable person could predict might hurt someone.

Most of the time, people seek the help of a personal injury attorney when they’ve suffered a severe injury or permanent disability. However, a catastrophic injury does not automatically mean a slam-dunk legal action. Likewise, a less-severe injury could still be the basis for a successful claim.

It’s difficult for the average person to know whether they have a viable personal injury case. Before making any decisions, it’s wise to get the advice of an experienced legal expert like those at Fernandez Law.

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What personal injury claims are worth

It’s impossible to put an “average” value on personal injury claims, as every claim is unique. Factors that might affect the amount of damages include real economic loss, severity of the injury, permanence of disability, insurance maximums, and the level of negligence involved.

When establishing your claim, your attorney may ask for “special damages” and “general damages.”

Special damages are economic losses that can be directly calculated, like bills the injured person has to pay and wages they lost.

General damages are intangible losses it’s hard to put a price on. They include things like pain and suffering, disfigurement, and lost quality of life.

Determining who is at fault

Determining who is responsible for your injuries is one of the first and most important foundations for your claim. The experience of a personal injury attorney is invaluable here, as there may be more parties at fault than you realize. For example:

• The owner of the vehicle involved in a truck accident
• The local government that didn’t maintain the street where a car accident happened
• The company that performed maintenance on workplace equipment that malfunctioned

A personal injury attorney has the big-picture viewpoint to see all the potential liabilities. They also have the legal knowledge to spot violations you weren’t aware of, like failure to follow U.S. or Missouri trucking regulations or workplace safety rules.

This is very important for your compensation. No matter how severe your injuries, you can’t receive more compensation than the at-fault party has to give.

For example, let’s say you win your claim against the driver in a truck accident. Your compensation is limited by the driver’s insurance policy. Even if the court garnishes the driver’s wages to get you additional money, you can never be awarded more than the driver can earn.

Maximizing your compensation means examining not just whether that driver was negligent, but whether the trucking company was negligent for hiring them.

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An attorney helps you fight insurance companies

Never forget that insurance is a for-profit industry. Insurance policies are dense, complex legal agreements, and insurance companies have experts on the payroll ready to argue the loopholes in the fine print.

Your personal injury lawyer is the expert on your side, ready and qualified to go toe-to-toe with insurers and win.

The at-fault party’s insurer might claim medical tests and procedures related to your industry are not covered, or don’t meet the policy deductible. Your attorney has the expertise to pick apart these arguments and make sure you get the care you need.

Sometimes, insurance companies act in “bad faith.” This means taking underhanded measures to avoid paying what they owe. Some examples of bad faith actions include:

• Failing to investigate a claim
• Dragging their feet with unnecessary delays
• Providing you with incomplete or misleading information
• Requiring you to provide burdensome documentation
• Denying a valid claim
• Changing the terms of the policy
• Bullying you into accepting an unfair settlement

Companies are far less likely to try these bad-faith practices when a personal injury attorney is involved. If they do, your attorney may be able to file a separate claim on your behalf, in addition to the injury action.

What’s the statute of limitations for a personal injury claim?

Statutes vary from state to state. To find out how long you have to file a claim in your state, search “personal injury statute of limitations” and your state name, or check this online resource.

In Missouri, you have five years from the date an injury is discovered in which to file a claim. In Illinois, you have two years from the date of discovery.

The clock starts on the date the injury is discovered, not on the date it occurred. In some cases, such as silicosis and other occupation-related lung diseases, there may be a significant lapse in time between the exposure and when the injury becomes apparent. The statutory clock starts on the date of diagnosis, even if it is years after the harmful exposure.

Personal injury FAQ

How can a personal injury attorney help me?

Consulting with a personal injury lawyer gives you a clear understanding of all your options to pursue compensation for your injuries.

Your attorney will communicate with lawyers and insurers on your behalf, allowing you to focus on your recovery, and will protect you from anyone seeking to blame you or force you into a bad settlement.

An attorney will investigate and collect evidence to prove liability for the incident and justify your claims. In the event of a catastrophic injury, they can help you plan for your future needs.

Finally, a personal injury attorney can negotiate a fair settlement to compensate you – or file a lawsuit, if necessary.

When should I hire a personal injury lawyer?

Get a free consultation as soon as possible after learning you suffered an injury that might justify legal action. There is a statute of limitations for filing a claim, so the sooner you learn your options, the better.

Should I get an attorney for a car or truck accident?

Always seek medical attention after a traffic accident, even if you don’t seem to be hurt. Car and truck accidents often result in injuries that aren’t immediately apparent but worsen over time, such as injuries to the back or neck.

If you were injured in a car or truck accident near the St. Louis area, contact us as soon as possible. You want to protect yourself in case the driver of the at-fault vehicle or the insurance company tries to cast blame for the accident on you.

Should I get a lawyer for a work injury?

If you suffer an injury on the job, get the advice of a personal injury attorney before giving your employer an official statement or signing any documents they present to you.

How do I hire a personal injury lawyer?

The first step is to get a no-obligation consultation. Not every injury requires legal action. When you speak with us, we’ll get the facts and give you an honest answer about whether you have a case.

What does a personal injury lawyer cost?

Many factors go into calculating legal fees, so there is no one right answer. Most personal injury attorneys will charge one-third the amount of any settlement they help you win.

Fernandez Law is on your side

Suffering an injury is traumatic both physically and emotionally. Most people don’t know if they’re eligible for some kind of compensation, much less how to go about getting it.

Gonzalo Fernandez has been practicing law in Missouri and Illinois since 1989. His background includes working internationally in the world’s largest law firm, trying over 100 cases as a prosecutor with the St. Louis Circuit Attorney’s Office, working as general counsel for Anheuser Busch, and working in private practice specializing in medical malpractice, personal injury, and catastrophic injury cases.

Gonzalo grew up in University City, Missouri, and is an active member of the St. Louis community. He appears frequently on television and news broadcasts as an expert explaining aspects of the law.

We’ve gotten more than $100 million in compensation for our clients. Get in touch today to find out if we can help you.

Schedule a Free Consultation

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These crashes are so tragically commonplace that TruckInfo.net estimates one-third of all long-haul truckers will be involved in a serious accident at some point in their career.

In 2022, serious truck accidents claimed the lives of more than 160 people in Missouri, and injured about 1,000 more.

Injured in a Truck Accident? Schedule a Free Case Evaluation

Though these crashes are often referred to as “truck accidents,” not all involve an 18-wheel semi-truck.

The phrase “truck accident” can describe crashes with a variety of commercial or government vehicles, such as:

• Construction vehicles
• Repair and maintenance trucks
• Delivery company vehicles
• Buses
• Emergency response vehicles such as firetrucks and ambulances
• Garbage trucks
• Snow plows

Average Truck Accident Settlements

Truck accident settlements vary wildly – from tens of millions of dollars to nothing at all. There is no such thing as a reliable “average.”

Settlement amounts depend on who was at fault for the accident, the level of negligence, and the severity of damages. How well attorneys for each side represent their case can also have a significant impact.

What is a truck accident settlement?

A settlement is the most common legal remedy for a crash with an insured vehicle.

In a settlement, the at-fault party and their insurer agree to pay a specific amount of money to compensate the injured party for their losses.

What happens if the two sides can’t agree?

If the two sides cannot agree on a settlement, the case might proceed to trial. In that case, a judge or a jury will decide who was at fault and how much they must pay.

Negotiations are rarely easy. Plaintiffs often feel they’re being paid too little, while insurers often feel they’re paying too much. One of the classic hallmarks of a “fair settlement” is when both sides walk away grumbling.

If neither side is fully satisfied, why are settlements so common? Because both sides would rather give some ground and have a say in the settlement than put the entire case in the hands of the court system.

A settlement gives both the injured party and the insurer a voice in the outcome.

What kind of settlement can I expect?

If you’ve been injured in a truck accident, it’s hard to know what a “fair” settlement might be.

Rather than chasing after some nonexistent “average,” you would be better off comparing your case against similar cases.

Boxdorfer vs. Lason Corp. & Jones: $4 million

Our client collided in an intersection with a commercial truck. He suffered a spinal injury that resulted in quadriplegia.

The police report placed 100% of the blame for the accident on our client. Through our investigation, we found eyewitnesses not named in the police report, who confirmed the truck sped up to get through a yellow light. The company that owned the truck settled the case for $4 million.

Injured in a Truck Accident? Schedule a Free Case Evaluation

Common causes of Missouri truck accidents

Truck accidents can be the result of driver-related factors or environmental factors. Many of these are the same things that cause other types of vehicle crashes.

How a Commerical Vehicle Accident Settlement Works

Here is the typical timeline of events after a crash involving a truck or other commercial vehicle.

1. Police investigation. Police will investigate the accident and write a report. The police investigation will include forensic evidence from the crash scene and statements from witnesses describing what happened. If you are in a crash, you can collect your own evidence by taking photos and videos of the crash and injuries you have, and by collecting the names and contact information of witnesses. Just don’t move (or remove) any physical evidence without asking police first.
2. Insurance investigation. Insurance adjusters for the two parties will conduct their own investigation into the causes of the crash and any resulting damage. Attorneys representing the insurance companies or the parties themselves may also investigate, reviewing evidence and interviewing witnesses. If you are contacted by an adjuster or attorney representing the other party, do not answer any of their questions or sign any documents without getting the advice of an attorney first. Remember, the No. 1 goal of insurance companies is to pay out the lowest settlement possible.
3. Determination of fault. The insurance companies will issue a determination of fault – that is, they will decide who is responsible for causing the accident. The party not at fault will then file a claim for damages.
4. Settlement negotiations. Representatives for the two sides will attempt to negotiate a settlement.
5. Filing suit. If no settlement can be reached, the injured party may file a lawsuit.

Determining a Truck Accident Settlement

There is no such thing as an “average truck accident settlement” because settlements are subject to so many variables.

Factors that may affect the settlement amount include:

• Severity and permanence of physical injuries: the harder it is to recover from injuries, the greater compensation is likely to be. Data from the American Transportation Research Institute indicates plaintiffs who suffer a spinal cord injury are awarded $500,000 more on average than those who suffer other injuries.
• Medical expenses: this may include immediate treatment for injuries and ongoing care and rehabilitation.

• Lost income: this may include income lost to time off work, and future income if your injuries affect your ability to earn a living.

• Loss of the ability to enjoy life: this is a less-tangible injury, but if you are unable to return to activities you love, you can pursue compensation.

• Pain and suffering: the more pain a plaintiff can prove they experienced, the higher the settlement they can pursue.

• Property damage: you may be compensated for damage to your belongings, including your vehicle and anything inside it.

• Insurance liability limits: insurance policies typically limit the amount of liability the insurer is responsible for covering.

Determining who was at fault for the crash

One important factor in settlements is the level of negligence. Who was responsible for the accident?

Missouri law recognizes comparative negligence – that is, the possibility that both drivers may be partly at fault.

Under a finding of comparative negligence, the injured party can still seek a settlement, but the amount will be reduced based on their level of responsibility. For example, a driver awarded a $1 million settlement but found to be 25% at fault for the crash would receive $750,000 ($1 million – 25%).

Other parties might bear responsibility for the crash as well. Imagine a commercial truck that wasn’t properly maintained loses control on a poorly marked road while the driver is speeding.

If the truck collides with another vehicle, the driver who is struck could pursue a settlement with the company that failed to maintain the truck, the government agency that failed to maintain the road, and the driver who violated traffic laws.

One reason it’s so important to have an experienced truck accident attorney on your side is to make sure all negligent parties are held responsible.

Injured in a Truck Accident? Schedule a Free Case Evaluation

Evidence considered in a truck accident settlement

Figuring out exactly what caused an accident, who is responsible, and the extent of the damages, is a complex task.

Your truck accident lawyer will seek out evidence from a number of sources to make sure you get the settlement to which you are entitled. Such evidence often includes:

• Police reports
• Accident scene photos
• Photos of vehicle damage
• Video recorded by traffic cameras, dashboard cameras, and security cameras
• Skid marks and other physical evidence from the crash site
• “Black box” downloads from commercial vehicles
• Witness testimony
• Expert witness analysis
• Accident reconstruction reports
• Vehicle maintenance records
• Driver logs
• Driving histories
• Trucker’s training history
• Documents from loading docks and weigh stations
• Cell phone records
• Toxicology test results
• Medical records
• Records of the injured party’s financial losses

Find Out What Your Truck Accident Settlement Might Be Worth

Since there’s no such thing as an “average” truck accident settlement, you can’t Google your way to a fair estimate.

If you’ve been injured in a truck accident, have an experienced attorney evaluate your case. They will look at the various factors that impact a settlement and help you decide the appropriate next steps.

The team at Fernandez Law has a track record of bringing truck accident settlements to a fast, fair resolution. Call 314-433-9131 to schedule a free evaluation of your case.

The post What’s the Average Truck Accident Settlement in Missouri? appeared first on St. Louis Trial Lawyers.

Here’s what you need to know about when and where you can legally record someone.

This article contains general information only and is not intended as legal advice. Consult with an attorney directly if you have questions about whether your actions may violate the law or whether your privacy rights were violated.

Contact an Attorney

Is it illegal to record a conversation in Missouri?

You have to get consent before you can legally record a conversation. But in Missouri, you don’t need to get permission from everyone.

Missouri is a one-party consent state

Missouri is a one-party consent state, meaning you only need the permission of one person involved in the conversation to record it. If you’re participating in the conversation, you can count yourself as the consenting party.

Some states, like Illinois, are two-party consent states. In those states, every speaker has to consent.

What if the parties to the conversation are in different states? If the conversation is taking place across state lines, follow the law of the state where the recording device is located.

What if I’m not actually part of the conversation? If you’re listening to the conversation but you’re not participating in it – like a moderator, for example – you don’t count as one of the parties who can give consent. You must get permission from at least one of the speakers before you hit record.

You can do this by having the speakers sign a written consent form; by asking them to record their verbal consent; or by telling them on the record before the conversation begins that they are being recorded.

If you’re not directly involved in the conversation and you don’t have permission from at least one of the speakers, keep your phone in your pocket.

Can I record someone in Missouri without their permission?

Under Missouri law, it’s generally legal to record people in a public space without asking their permission, though there may be restrictions on publishing the recording. There is no expectation of privacy in a public space like a park or on the street. 

There is an expectation of privacy in a private space like a home or business. So while you may be able to record your neighbor when they’re on the sidewalk, you can’t record them in their living room.

Missouri laws are the same regarding both audio and video recording.

Recording phone calls

To legally record a phone call, you need the permission of at least one person on the call. This is the same restriction as recording an in-person conversation, but it actually falls under a different law – Missouri’s wiretapping statute.

The state’s wiretapping law hasn’t quite caught up with the digital age; judges have applied it differently to wired landlines, cordless phones, and cell phones. Your best bet is to treat phone calls the same as in-person conversations and get the express consent of at least one party before you hit record.

Video recording

Even if your video doesn’t include an audio track, the rules for recording are the same – don’t record people in a private space without their permission.

If you have security cameras, avoid putting them in rooms where people would have an expectation of privacy. This would include anywhere they might dress or undress, like bedrooms, bathrooms, or changing rooms. It’s a separate invasion of privacy offense to photograph or record video of a person without their permission if they are fully or partially nude or in a place they could expect to undress in private.

Contact an Attorney

Is it legal to record public officials?

Recording public meetings

Missouri law permits audio and video recording of any open meeting, such as school board or city council meetings. To minimize disruptions, the law gives the public body the right to establish rules and guidelines about how recording may be carried out. For example, they might limit how many people can record or where in the room recording devices can be set up.

Closed meetings cannot be recorded without the permission of the public body.

Recording court proceedings

The public is not typically allowed to record court proceedings. In most cases, judges only grant permission to record to the media.

Anyone who wants to record a judicial proceeding in the state of Missouri must apply to the sitting judge for permission. Whatever the judge decides, you have to abide by.

Missouri Recording Laws FAQs

Is it legal for the police to record me?

Missouri’s wiretapping law allows law enforcement to record conversations without permission as part of a criminal investigation, but only if the recording has been authorized by the courts. This includes video surveillance if the video has an audio track.

In many cities, police wear body cameras that record their interactions with the public. Police body camera recordings taken in a non-public space must be kept confidential.

If you were recorded on a police body camera, you have the right to a copy of the video, but you must also keep it private unless the court approves its release.

Can I record a police officer in Missouri?

Yes, it’s legal to record police officers in the line of duty as long as you don’t trespass or break any other laws to get the footage.

One-party consent still applies. Unless you’re in a public space with no expectation of privacy, you can record your conversation with a police officer but you can’t record conversations between the officer and someone else unless you have permission.

Are recorded conversations admissible in Missouri courts?

Generally speaking, recorded conversations are admissible as evidence as long as they were legally obtained.

Can I sue someone for recording me without my permission?

Because Missouri is a one-party consent state, your conversations may be legally recorded without your permission as long as at least one other speaker in the conversation gave consent.

If no one gave consent for the recording and you were in a place where you had a reasonable expectation of privacy, you can sue for damages. The person who made the recording might also face criminal charges.

What are my legal options?

If you have a question about whether you can record someone or whether your privacy was violated, reach out and talk to an attorney. We can answer your questions and explain how the law applies to your specific situation.

Other Guides to Missouri Laws:

• Missouri Motorcycle Laws
• A Compressive Guide to Missouri Mask Mandates
• Missouri Protesting Laws
• Missouri Driver’s License Laws
• Missouri Cell Phone & Driving Laws
• Missouri Child Car Seat Laws

The post Missouri Recording Laws appeared first on St. Louis Trial Lawyers.

Amendment 3 in Missouri

Adult-use cannabis sales began in February 2023. According to the Missouri Department of Health and Senior Services (DHSS), which regulates adult use marijuana in the state, adults 21 and older are allowed to possess up to three ounces of cannabis and may cultivate up to six mature cannabis plants if they apply for and receive a noncommercial cultivation registration permit. It is still illegal to sell, distribute or grow marijuana without the appropriate licenses and permits. Selling or distributing marijuana to minors also remains illegal.

The new law also put in motion the expungement of criminal records for thousands of Missourians convicted of nonviolent cannabis offenses. This will affect people whose prior offenses would now be considered legal under the law. Historically these types of offenses have disproportionately impacted Black and brown communities, making it difficult for people with these types of offenses on their records to get reliable employment. 

Missouri courts are working to review these cases and expunge those that fall into this category by June 2023 starting with the less severe cases. Expungement will seal these records meaning they will no longer be public.

Recreational marijuana laws in Missouri

While Missouri Amendment 3 permits marijuana use in private residences, it is still against the law to use marijuana in public spaces such as parks, sidewalks, walking paths and in public and private schools. Also, marijuana users are not allowed to smoke in moving cars. State regulations allow police to cite public marijuana users if they choose. Rental property owners can require that their renters not smoke marijuana on the property. 

Missouri marijuana laws and employment

Employment and adult use of marijuana can be a complicated area. Most changes that employers need to be aware of apply to marijuana users who have a valid medical marijuana patient ID card. Despite the changes to adult use marijuana laws, Missouri employers are still allowed to have policies that restrict marijuana use or intoxication in the workplace. Employers are not required to allow employees to possess, consume or sell marijuana on the employer’s property.

However, Amendment 3 provides additional protections for workers with valid medical marijuana patient ID cards. Employers cannot discriminate or take action against an employee with a valid medical marijuana patient ID card for use of medical marijuana offsite when the employee is not working. In addition, employers cannot reprimand an employee with a valid medical marijuana patient ID card for a positive marijuana test. 

Employers who could lose business or licenses if employees tested positive for marijuana use are not held to these standards. Also, if an employee uses, possesses or is under the influence of medical marijuana at work or if the use of marijuana is affecting the employee’s ability to do their job, then the protections do not apply. 

Medical marijuana in Missouri

While medicinal marijuana has been legal and regulated in Missouri since 2018, Amendment 3 expands and enhances these regulations. Qualifying patients may be certified by a nurse practitioner. Previously certification was limited to doctors only. Also, proof of Missouri residency is no longer required as part of the patient application process. 

Medicinal marijuana cards are now approved for three years as opposed to just one year as they previously had been. Furthermore, an individual is now able to be a licensed caregiver for up to six separate patients.

Purchasing and possession amounts for valid card holders, both patients and caregivers, have been expanded. These groups may purchase up to six ounces of dried, processed marijuana or its equivalent within a 30-day period, unless certified for a greater amount. In addition, card holders who are cultivating marijuana for medical use may be in possession of up to a 90-day supply of dried, unprocessed marijuana or its equivalent, as long as any amount in excess of the patient’s 60-day supply remains in an approved enclosed, locked facility.

Marijuana laws and penalties in Missouri

As of December 8, 2022, there is no longer a penalty in Missouri for possession of up to three ounces of marijuana. According to the amendment, for adults 21 and older who possess more than three ounces but less than six ounces of marijuana, grow more than six plants but fewer than 12, provide marijuana without being paid or intend to distribute less than six ounces of marijuana there are penalties. 

The first violation is a civil infraction that could result in a fine of up to $250 and seizure of marijuana. The second violation goes up to $500 and loss of marijuana. The third and any subsequent violations would be a misdemeanor with a fine of up to $1,000 and seizure of marijuana. Those who are under 21 would receive a civil penalty and be subject to a $250 fine or they may have the option of attending eight hours of drug education or counseling to waive the fine. In addition, the amendment provides for anyone charged to be able to ask to waive the fine in favor of community service.

As mentioned, Missouri courts are reviewing criminal records for thousands of Missourians convicted of nonviolent cannabis offenses that are now legal under the law. These records may be court sealed and no longer part of the public record, known as expungement. Expungements will especially help those communities that have been greatly impacted by nonviolent marijuana convictions, which have made it difficult for people with nonviolent marijuana possession records to get reliable employment. 

Missouri’s Amendment 3 and federal marijuana laws

It’s important to remember that marijuana possession is still illegal under federal law. Also, marijuana laws differ from state to state. This is something travelers should be aware of, especially if flying. 

For example, the Transportation Security Administration (TSA) is a federal administration and TSA employees are federal agents. If a traveler has marijuana in their luggage or on them and the TSA finds it, they will report this possession to local law enforcement. If marijuana is legal in the state, not much may happen but the traveler may be delayed. Be sure to know the laws in the state and consider any checkpoints that may be encountered.

As Amendment 3 goes into effect in Missouri, various facets of life will be impacted. If a person or business believes they will be affected by these changes, it’s critical to stay updated and know how the law may impact them.

Other Guides to Missouri Laws:

• Missouri Motorcycle Laws
• A Compressive Guide to Missouri Mask Mandates
• Missouri Protesting Laws
• Missouri Driver’s License Laws
• Missouri Cell Phone & Driving Laws
• Missouri Child Car Seat Laws

The post Missouri Marijuana Laws appeared first on St. Louis Trial Lawyers.

Use our guide from attorney Gonzalo Fernandez to understand Missouri boating laws.

First and Foremost, Necessary Documents and Procedures

Registration

For any motorized watercraft or sail boat over 12ft:

You need to register and title  motorized watercrafts with the Missouri Department of Revenue within 60 days of purchase. This includes jet skis!

Boating License

If you were born after January 1, 1984, you need a Missouri boater safety identification card indicating that you passed the Missouri Boater Education test. Residents of Missouri can get this status added to their driver’s license in lieu of carrying their boating license.

Operating a Motorized Boat

What class of boat do I have?

Depending on what class of motor vehicle you have, some of the requirements needed to operate your boat in Missouri  will change. 

• Class A: <16ft

• Class 1: 16-25ft

• Class 2: 26-39ft
• Class 3: 40+ ft

What equipment do I need for my boat?

1. Make sure you have both your boat registration and boating license with you or on the boat
2. Make sure you have enough coast guard approved life jackets for all passengers
   1. These life jackets need to located in an easy to reach area that is not obscured
3. Ensure that you have proper number and type of fire extinguishers for your boat class
   1. Class 1 and A
      1. One B1 type fire extinguisher
   2. Class 2 
      1. One B2 type fire extinguisher; or
      2. Two B1 extinguishers
   3. Class 3
      1. Three B1 type fire extinguishers; or 
      2. One B2 type and one B1 type fire extinguisher; or 
      3. A fixed fire extinguishing system and one B2 type fire extinguisher; or 
      4. A fixed fire extinguishing system and two B1 type fire extinguishers.
4. Make sure your vessel has a working horn or whistle
5. Make sure you have throwable floatation device if your boat is over 16ft long
6. If you plan on operating your watercraft from sunset to sunrise, make sure you have proper navigational lights

What do I need when riding a motorized boat?

• Children under the age of 7 on a non-contained water craft must wear a floatation device
• The driver must have a lanyard-type engine cutoff switch on them if offered by manufacturer

Operating a Jet Ski in Missouri

What equipment needs to be on the jet ski?

1. Make sure you have your boating license and jet ski registration
2. Make sure you have enough coast guard approved life jackets for all passengers
3. Ensure that you have a B1 fire extinguisher
4. Make sure your vessel has a working horn or whistle

What do I need to know about riding a jet ski?

• You and anyone else onboard must be wearing a coast guard approved  life jacket
• The driver must have a lanyard-type engine cutoff switch on them if offered by manufacturer
• Children under the age of 14 cannot operate a jet ski unless someone over the age of 16 is accompanying them

What if I want to drink on a motorized boat?

Missouri’s DWI laws apply to all motorized vehicles which includes boats.  When people get in a boat they seem to get swept away by the fun and the scenery and they forget that they are operating a piece of heavy high speed machinery, which they can not due under the influence of drugs and alcohol.  The same rules that apply to driving a car also apply to a boat when it comes to alcohol.  The legal blood alcohol limit in Missouri is .08%

• You cannot have 4 gallon containers or beer bongs on your craft except in the Mississippi, Missouri, and Osage rivers.

Penalties for boating while under the influence include a Class B misdemeanor + completion of approved boating safety course for the first conviction

What if I’m planning on using a canoe, kayak, or paddleboard?

All you need to do is make sure you and any other passengers have appropriate life jackets on and enjoy! If you’re boating  after sunset, you will need to make sure you have proper lighting.

What does a coast guard approved life jacket include?

Over 80% of drowning victims were reported not wearing a life jacket. Ensuring you and all your passengers have proper approved life jackets can help to minimize drowning risks.

• Almost all approved life jackets will include a label inside indicating details such as appropriate activity, performance summary, and third-party testing verification
• They must be appropriately sized for each person aboard
  • This means that the life jacket cannot rise about the users chin when in use
• Make sure life jackets are stored in an area where they can be easily obtained and unobscured

Violations of Missouri’s life jacket law can result in a $1,000 fine and up to a year in jail. 

The post Missouri Boating Laws appeared first on St. Louis Trial Lawyers.

Use our guide from attorney Gonzalo Fernandez to understand Missouri alcohol laws.

Missouri Liquor Licensing Laws

Do I need a license to sell alcohol in Missouri?

Yes. Missouri has a three tier distribution system which includes the manufacturer, the distributor and the retailer. A distributor is a wholesaler who buys product from a manufacturer and then sells it to a retailer who in turn sells it to the public.   A retailer can hold an on-premise license, which as the name implies allows them to sell alcohol to the public for consumption on premise such as a bar or restaurant, or an off premise license such as a supermarket or wine shop.  Each level of the three tier distribution system is required to have a license to sell and there are other laws that dictate how these tiers interact with each other and the public.  r

RSMO  311.050.

Will I also need a separate license to sell alcohol on Sundays?

Yes. Missouri also requires anyone selling or manufacturing intoxicating liquor who wishes to sell it on Sundays to apply for an additional license. 

What if I want to sell alcohol near a church or school?

In order to sell alcohol within 100 feet from a school or church, you must obtain approval in writing from the city’s board of aldermen, city council, or other proper authorities.  

RSMo 311.080.

Missouri Consumer Alcohol Laws

In addition to regulating how alcohol is manufactured, marketed and sold, Missouri also regulates how the public can use and consume alcohol. Some of the most frequent issues are addressed below.

Underage Drinking Laws

What’s the legal drinking age in Missouri?

Like all 50 states, you must be at least 21 years of age to purchase or consume alcohol in the state of Missouri.

Can I get in trouble for underage drinking?

Yes. Consuming alcohol while under the age of 21 is a misdemeanor that can result in a $1,000 fine and/or up to a year incarcerated.  It can also affect your ability to drive a car even if you are not charged with DWI.

What if I or someone else underage needs medical attention after drinking?

Missouri’s Good Samaritan Law provides legal protection or immunity for those actively seeking medical attention due to an alcohol or drug overdose. This allows people under the age of 21 to get the medical help they need without fear of prosecution.  

What’s the BAC for drinking and driving underage in Missouri?

Missouri has a “zero-tolerance” policy for drinking and driving – especially for those underage. A person under 21 operating a vehicle or motorcycle can be charged with a DWI if they have a BAC level above 0.02%.  For those over 21 years of age the presumed intoxication level is 0.8%.  However, this does not mean you can not be charged and prosecuted if your blood alcohol level is below 0.8%.  If the state feels you are impaired you can still be charged with driving while intoxicated. 0.8% is simply the BAC level at which a court will presume you are intoxicated. 

Can a minor drink alcohol with their parents?

Yes. Missouri law allows minors to consume alcohol if purchased by a parent or legal guardian and consumed on their private property.

Missouri Open Container Laws

Can I drink alcohol in public in Missouri?

Missouri law does not prohibit consuming alcohol in outdoor public places. However, it is illegal to consume alcohol in a church, school, or courthouse. Other local ordinances may apply.

Can I drink alcohol in a car in Missouri?

Missouri does not have a specific law that bans passengers from drinking alcohol in a motor vehicle. However, 31 cities across the state have put a ban in effect and you could be charged criminally for a municipal violation. 

Purchasing Alcohol in Missouri

Where can I buy alcohol in Missouri?

Unlike residents in the neighboring state of Kansas that has State run alcohol stores, Missourians can purchase alcohol at grocery stores, gas stations, and similar businesses that acquire the proper permit.

What time can I buy alcohol in Missouri?

Alcohol can be purchased from 6 a.m. to 1:30 a.m. daily. Municipalities across the state may have separate laws.

Can I buy alcohol on Sundays?

Yes, alcohol can be purchased on Sundays in Missouri.

New Alcohol Laws in Missouri

During the COVID-19 global pandemic, Missouri passed two laws impacting alcohol sales across the state:

• In April 2020, Missouri temporarily allowed the sale of to-go cocktails to financially help bars in restaurants. Starting August 28, 2021, that law became permanent. Alcohol must be in a sealed, tamper-proof container.
• Missouri also changed Sunday alcohol sales from 9 a.m. to midnight to 6 a.m. to 1:30 a.m.

Gonzalo Fernandez is a personal injury attorney based in St. Louis. In his prior life he worked as in-house counsel for Anheuser Busch and fought hard to make the world safe for beer.  He regularly uses his legal expertise to offer insight on events impacting Missourians. Recent media appearances include the St. Louis Post-Dispatch, CBS St. Louis, Fox 2, and KPLR 11. To speak to Gonzalo, call (314) 433-9131 or email gonz@stltriallawyers.com.

The post Missouri Alcohol Laws appeared first on St. Louis Trial Lawyers.

Use our guide from attorney Gonzalo Fernandez to understand Missouri motorcycle laws.

Motorcycle Licensing in Missouri 

Missouri law requires motorcycle operators to acquire a Class M motorcycle license or a driver’s license with an M endorsement to operate a motorcycle on public roadways. The license requires both a written knowledge test and an on-motorcycle skills test. Both exams test drivers’ understanding of road rules and safety procedures. 

If an applicant is under 15 ½, they may acquire an instructional permit by completing a motorcycle rider training course (MRTC) and pass the Class F and M vision, road sign, and written exams and have written permission from a parent or legal guardian. 

Riders over 16 but under 18 do not have to take a MRTC, but must pass the class M exam to obtain an instructional permit.

Motorcycle riders under 16 must follow the following restrictions:

• Only ride during the daylight
• Have no passengers 
• Ride 50 miles from their home address
• Operate the engine with a displacement lower than 250 cc

Riders under 18 must follow the graduate drivers license requirements.

Missouri Motorcycle Helmet Laws

In July 2020, Missouri Governor Mike Parson signed a law that waived the motorcycle helmet requirement for riders over the age of 26, which went into effect August 28, 2020. The law requires riders who don’t wear a helmet to have health insurance and does not apply to those with a permit. 

A year after the law passed, Missouri saw a 40% increase in motorcycle fatalities, with an 800% increase in year-over-years deaths for those not wearing a helmet. 

Therefore, it’s recommended that all riders continue to wear a helmet when operating a motorcycle. 

A helmet should:

• Fit snugly
• Meet DOT standards
• Be damage-free

Other recommended gear includes:

• Face and eye protection that’s secure and clear
• Jacket and pants
• Boots or sturdy shoes
• Gloves

Rules of the Road

Like operating a vehicle, Missouri requires motorcycle drivers to follow a set of rules while riding on public roads.

Some guidelines include:

• The motorcycle should have headlights/tail lights/break lights, front and rear breaks, turn signals, a horn, a two mirrors
• Follow posted speed limits
• Keep a safe distance from vehicles and other motorcycles
• Signal to other drivers when changing lanes or turning
• Avoid lane sharing
• Reduce speed when approaching an intersection
• Frequently use mirrors, including when you’re stopping or slowing down
• Take extra precautions – including reducing speed and using high beams – when operating at night
• Avoid quick stops and turns
• Practice extra precautions on slick roads
• Avoid texting while driving

Drinking and Operating a Motorcycle

Alcohol severely impacts a driver’s ability to operate a motorcycle, increasing the risk of injuring or killing yourself or others.

Missouri follows the same drinking and driving laws for motorcycle operators as vehicle drivers:

• If you are under 21 and operate a motorcycle with a BAC over .020%, your license will be suspended or revoked
• If you are over 21 and operate a motorcycle with a BAC over .08%, you could face a fine or license suspension

To keep yourself and others safe, do not drink alcohol and operate a motorcycle

Carrying Passengers and Cargo

The Missouri Department of Revenue advises that only experienced passengers should carry riders or heavy cargo.

Recommended tips for transporting loads include:

• Fasten the load on a low part of the motorcycle, such as the saddle bag or forward
• Distribute evenly to avoid imbalance
• Secure the load tightly with elastic cords and stop your motorcycle occasionally to check it’s still secure 

Riding with passengers means the motorcycle will have a longer reaction time to slowing down and speeding up. Therefore, the following precautions should be taken:

• Ride slower
• Slow down earlier
• Open up a larger buffer of space ahead and to the side

The Missouri State Highway Patrol offers its own guidance for riding a motorcycle with children.

Operating a motorcycle can be dangerous if common-sense precautions are not taken. Therefore, it’s recommended to wear a helmet, follow the rules of the road, and fully understand Missouri motorcycle laws.

Gonzalo Fernandez is a personal injury attorney based in St. Louis. He regularly uses his legal expertise to offer insight on events impacting Missourians. Recent media appearances include the St. Louis Post-Dispatch, CBS St. Louis, Fox 2, and KPLR 11. To speak to Gonzalo, call (314) 433-9131 or email gonz@stltriallawyers.com.

Other Guides to Missouri Laws:

• Missouri Marijuana Laws
• A Compressive Guide to Missouri Mask Mandates
• Missouri Protesting Laws
• Missouri Driver’s License Laws
• Missouri Cell Phone & Driving Laws
• Missouri Child Car Seat Laws

The post Missouri Motorcycle Laws appeared first on St. Louis Trial Lawyers.

What do Missouri abandoned property laws state that the unit owner should do in these situations?

Missouri statute 441.065 states that a landlord can remove a tenant’s abandoned property if one of more of the following conditions are met: 

(1)  The landlord has a reasonable belief that the tenant has vacated the premises and intends not to return;

(2)  The rent is due and has been unpaid for thirty days; and

(3)  The landlord posts written notice on the premises and mails to the last known address of the tenant by both first class mail and certified mail, return receipt requested, a notice of the landlord’s belief of abandonment. 

(4)  The tenant fails to either pay rent or respond in writing to the landlord’s notice within ten days after both the date of the posting and deposit of such notice by either first class mail or certified mail, return receipt requested, stating the tenant’s intention not to abandon the premises.

Before disposing of any property, it’s important to talk to the tenant to see if any misunderstandings have occurred. Is the tenant sheltering in place at another location due to COVID-19 but is still paying rent? Are they unable to pay rent due to a loss of income but are currently applying for a rental assistance program? Understanding the situation before throwing away or selling property can help landlords avoid a countersuit by tenants.

Am I required to notify the tenant before disposing of their property?

Yes, Missouri law require landlords to give a written notice and notify tenants via their last known address with the following note:

“The rent on this property has been due and unpaid for thirty consecutive days and the landlord believes that you have moved out and abandoned the property.  The landlord may declare this property abandoned and remove your possessions from this unit and dispose of them unless you write to the landlord stating that you have not abandoned this unit within ten days of the landlord having both posted this notice on your door and mailing this notice to you.  You should mail your statement by regular first class mail and, if you so choose, by certified mail, return receipt requested, to this address ______ (here insert landlord’s name and street address)”

Are there restrictions on how I remove abandoned property?

Missouri law does not state how property must be handled or disposed of. However, it’s advisable to handle all items — especially those that may be expensive or valuable — with care.

Can I help my tenant avoid an eviction so I don’t have to dispose of any abandoned property?

Job loss caused by the COVID-19 global pandemic has made it difficult for some tenants to pay rent on time. Before evicting renters or disposing of any abandoned property, it’s possible to work with them and provide resources to help them pay past due rent.

As of May 25, 2021, the City of St. Louis is offering emergency rental assistance to residents who have suffered financial hardship during the pandemic. The program is limited to 1,500 applicants. 

Fernandez Law handles certain cases pertaining to property laws, including premises liability and product liability. If you’re looking to speak with an attorney or think you might have a case, contact us to schedule a free consultation.

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