Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Missouri law, you prove liability in a red-light collision by showing the other driver violated a traffic statute, causing your injuries and damages. Missouri treats statutory violations of traffic-control devices as negligence per se. See RSMo 304.012 (Missouri Revised Statutes § 304.012).
1. Elements of Negligence
- Duty: Every driver must obey traffic signals and operate vehicles safely.
- Breach: Running a red light breaches that duty and violates RSMo 304.012.
- Causation: You must link the breach directly to the crash and your injuries.
- Damages: Document your medical bills, lost wages, and property damage.
2. Negligence Per Se
Missouri law declares a driver’s failure to obey a traffic control device as negligence per se. You do not need to prove that the driver acted unreasonably—only that they disobeyed the red signal. The court then presumes the breach caused the harm unless the defendant offers evidence to the contrary.
3. Evidence to Support Liability
- Police Report: Obtain the official crash report listing violations and citations.
- Traffic-Camera Footage or Surveillance Videos: Request recordings from nearby intersections or businesses.
- Photographs and Diagrams: Take photos of vehicle damage, skid marks, and signal placement.
- Witness Statements: Collect names and contact information of anyone who saw the collision.
- Expert Analysis: Consider accident-reconstruction experts to demonstrate right-of-way issues and impact dynamics.
4. Comparative Fault and Statute of Limitations
Missouri applies pure comparative fault. The court reduces your recovery by your percentage of fault. See RSMo 537.060 (§ 537.060). Missouri gives you five years to file a personal-injury lawsuit. See RSMo 516.140 (§ 516.140).
Helpful Hints
- Immediately preserve all evidence: photos, videos, and physical debris.
- Request your police report as soon as possible.
- Obtain witness contact details before they leave the scene.
- Keep a detailed injury and medical-treatment diary.
- Document all expenses related to the crash.
- Review your auto-insurance policy for coverage deadlines.
- Consult an attorney early to protect your rights and meet deadlines.