Car accidents can be life-altering events, and when they happen, navigating the legal landscape becomes crucial. In Missouri, understanding the statute of limitations is paramount to ensuring you don’t forfeit your right to seek compensation. This blog delves into the specifics of Missouri’s car accident statute of limitations, shedding light on key aspects that every individual involved in a vehicular incident should be aware of.
Missouri’s Car Accident Statute of Limitations
In accordance with Section 516.120 of the Revised Statutes, individuals involved in a car accident, be it a driver, passenger, motorcyclist, bicyclist, electric scooter rider, or pedestrian, must initiate a civil lawsuit within five years from the date of the accident. This timeframe encompasses cases involving both personal injury and property damage.
Wrongful Death Claims: A Sensitive Timeline
In cases of devastating fatal accidents where lives are tragically lost, Missouri establishes specific rules for pursuing justice through wrongful death claims. According to Section 537.100 of the Revised Statutes, if a family member or representative intends to initiate a wrongful death claim against the driver responsible for the tragedy, the lawsuit must be commenced within three years.
It’s crucial to recognize that the countdown for wrongful death claims commences from the date of the person’s death, which may not necessarily align with the accident date. This distinctive timeline adds a layer of complexity to the legal proceedings, underscoring the imperative nature of timely action during these emotionally challenging times. Hence, it’s important to consult with a car accident lawyer in order to get insight about all the legal procedures associated with it.
Criteria for Reporting a Car Accident in Missouri
Injury or Death:
If the car accident results in injury, no matter how minor, or if it leads to the death of any person involved, Missouri law mandates the reporting of the incident. This applies to all parties, including drivers, passengers, and pedestrians.
Property Damage:
Reporting is also required when the accident causes property damage exceeding $500. It includes damage to vehicles, structures, or any other property involved in the collision. Even in cases where there are no apparent injuries, if the property damage exceeds the specified threshold, reporting is obligatory.
Hit and Run:
If you are involved in a car accident where the other party flees the scene without providing the necessary information, it is essential to report the incident to law enforcement and hire a car accident lawyer car accident lawyer Hit-and-run accidents carry additional legal implications, and prompt reporting is crucial for both your safety and the legal process.
Government Property:
Accidents involving damage to government property, such as traffic signs or public infrastructure, must be reported. This ensures that appropriate authorities are notified and can address the damages promptly.
Steps to Report a Car Accident in Missouri
Ensure Safety:
- Prioritize safety for all parties involved.
- If there are injuries, seek medical assistance immediately.
- Move to a safe location if possible and activate hazard lights.
Contact Law Enforcement: Call the local law enforcement agency to report the accident. Provide accurate information about the location, the parties involved, and the nature of the incident.
Exchange Information: Exchange essential information with the other parties involved, including names, addresses, phone numbers, and insurance details. Cooperate with law enforcement during their investigation.
Document the Scene: Take photographs of the accident scene, including vehicle damage, road conditions, and any relevant signage. These visuals can be valuable when dealing with insurance claims.
Complete Accident Report Form: If law enforcement is not present at the scene, you may need to file an accident report with the Missouri Department of Revenue within five days of the accident. This form is available on their website and requires accurate and comprehensive information.
Reporting a car accident in Missouri is a legal obligation that helps ensure a transparent and fair resolution to the incident. Don’t let the passage of time jeopardize your right to recovery. Whether you’re considering a personal injury claim or navigating the complexities of a wrongful death case, understanding and adhering to the statutory timelines is key. Stay informed, act promptly, and safeguard your rights in the aftermath of a car accident in Missouri. The legal framework is designed to protect the rights of those involved, providing a structured approach to seeking compensation for damages.
