What Negligent Driving Means in Missouri

Missouri's negligent driving laws are designed to ensure that drivers operate their vehicles with the highest degree of care to prevent accidents and injuries. Here's a detailed explanation in layperson's terms:

What is Negligent Driving?

Negligent driving occurs when a driver fails to exercise the level of care that a reasonably prudent person would under similar circumstances. This can include actions like speeding, running red lights, or failing to yield the right of way.

Key Elements of Negligence

To prove negligence in a driving case, the following elements must be established:

  1. Duty of Care: The driver had a legal obligation to operate the vehicle safely.
  2. Breach of Duty: The driver failed to meet this obligation through their actions or inactions.
  3. Causation: The driver's breach of duty directly caused an accident or injury.
  4. Damages: The accident resulted in actual harm or losses, such as medical bills or property damage.

Duty of Care

In Missouri, drivers are required to exercise the "highest degree of care" when operating a vehicle. This means they must act as a very careful person would in the same situation. This duty applies to all public roads, including highways, streets, and alleys.

Breach of Duty

A breach of duty occurs when a driver does something that a careful person would not do, or fails to do something that a careful person would do. Examples include:

  • Speeding: Driving faster than the posted speed limit.
  • Distracted Driving: Using a phone or other distractions while driving.
  • Ignoring Traffic Signals: Running red lights or stop signs.
  • Reckless Driving: Engaging in dangerous behaviors like tailgating or weaving through traffic.

Causation

To prove causation, it must be shown that the driver's breach of duty directly led to the accident. This means there must be a clear link between the negligent behavior and the resulting harm.

Damages

Damages refer to the losses suffered as a result of the accident. These can include:

  • Medical Expenses: Costs for treating injuries.
  • Property Damage: Repair or replacement costs for damaged vehicles.
  • Lost Wages: Income lost due to inability to work.
  • Pain and Suffering: Compensation for physical and emotional distress.

Comparative Negligence

Missouri follows a "pure comparative negligence" rule. This means that if both parties are found to be partially at fault for an accident, the damages awarded will be reduced by the percentage of fault. For example, if a driver is found to be 30% at fault, they can still recover 70% of the total damages.

Legal Consequences

Negligent driving can lead to various legal consequences, including:

  • Fines: Monetary penalties for traffic violations.
  • License Suspension: Temporary loss of driving privileges.
  • Lawsuits: Legal action taken by injured parties to recover damages.

Preventing Negligent Driving

To avoid negligent driving, it's important to:

  • Follow Traffic Laws: Obey speed limits, signals, and signs.
  • Stay Focused: Avoid distractions like texting or eating while driving.
  • Drive Defensively: Be aware of other drivers and anticipate potential hazards.
  • Maintain Your Vehicle: Ensure your car is in good working condition.

Conclusion

Understanding and adhering to Missouri's negligent driving laws is crucial for ensuring safety on the roads. By exercising the highest degree of care, drivers can help prevent accidents and protect themselves and others from harm.

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