Missouri Truck Accident Laws
Missouri gives you one of the longest deadlines in the country: generally five years to file a personal injury lawsuit, though wrongful death claims must be filed within three years. Missouri uses pure comparative fault, so you can recover even if you were partly or mostly at fault, reduced by your share.
How long do you have to file in Missouri?
Generally five years from the injury for personal injury (Mo. Rev. Stat. 516.120) and three years from the date of death for wrongful death (Mo. Rev. Stat. 537.100). Claims against public entities involve sovereign immunity rules and damage limits, so check early if a government vehicle or road was involved.
How do fault and damages work in Missouri?
Missouri adopted pure comparative fault in Gustafson v. Benda (1983): your compensation is reduced by your share of fault but not barred. Punitive damages are generally capped at the greater of $500,000 or five times the net judgment, with some exceptions (Mo. Rev. Stat. 510.265).
Where do Missouri truck crashes happen?
I-70 links Kansas City and St. Louis and is one of the busiest freight corridors in the Midwest. I-44 runs southwest to Springfield and Oklahoma, I-55 follows the Mississippi south from St. Louis, and I-29 and I-35 run north from Kansas City, a major rail and trucking hub.
Frequently asked questions
What is the statute of limitations for a truck accident in Missouri?
Generally five years for personal injury (Mo. Rev. Stat. 516.120) and three years for wrongful death (Mo. Rev. Stat. 537.100).
Can I recover in Missouri if I was mostly at fault?
Yes. Missouri uses pure comparative fault, so compensation is reduced by your share of fault but not barred.
Does Missouri cap punitive damages?
Generally, yes: at the greater of $500,000 or five times the net judgment, with some exceptions.
Which Missouri highways have the most truck traffic?
I-70, I-44, I-55, I-29 and I-35, with Kansas City and St. Louis as major freight hubs.
Should I wait because Missouri's deadline is long?
No. Evidence such as truck data, footage and witness memories disappears quickly, so it is best to act soon even with a five-year deadline.