Pedestrian Accident Claims in Missouri
When drivers in Missouri must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Missouri's Model Traffic Ordinance says that where traffic signals are not in place or working, a driver must yield (slowing or stopping if needed) to a pedestrian in a crosswalk on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle… Mo. Rev. Stat. §§300.375, 300.385, 300.390
| Pedestrian right-of-way | Missouri's Model Traffic Ordinance says that where traffic signals are not in place or working, a driver must yield (slowing or stopping if needed) to a pedestrian in a crosswalk on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, must cross by the shortest route when not in a crosswalk, and may not suddenly step into the path of a vehicle too close to yield. §300.385: https://revisor.mo.gov/main/OneSection.aspx?section=300.385 ; §300.390: https://revisor.mo.gov/main/OneSection.aspx?section=300.390 . |
|---|---|
| Fault rule (comparative negligence) | Pure comparative fault. In product liability claims, the statute expressly applies pure comparative fault: the plaintiff's fault reduces the award proportionately but does not bar recovery. Missouri applies the same pure comparative fault approach to negligence cases generally through court decisions. In dog-bite cases, damages are reduced by the injured person's percentage of fault. |
| Minimum car insurance | Owners must maintain financial responsibility; a motor vehicle liability policy must cover at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. Requirement to maintain coverage: https://revisor.mo.gov/main/OneSection.aspx?section=303.025 |
| Deadline to sue for an injury | Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years. Some injury claims have shorter periods under other sections (for example, medical malpractice, two years; wrongful death, three years). Source: Mo. Rev. Stat. § 516.120(4) |
More Missouri personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Missouri
- Wrongful Death Lawsuits in Missouri
- Medical Malpractice Rules in Missouri
- Car Accident Claims in Missouri
- Dog Bite Liability in Missouri
- Sidewalk and Public Property Falls in Missouri
- Motorcycle Accident Claims in Missouri
- Bicycle Accident Claims in Missouri
- Uber and Lyft Accident Claims in Missouri
- Truck Accident Claims in Missouri
- Construction Site Injuries in Missouri
- All Missouri personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Missouri?
Missouri's Model Traffic Ordinance says that where traffic signals are not in place or working, a driver must yield (slowing or stopping if needed) to a pedestrian in a crosswalk on the driver's half of the road or approaching closely from the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, must cross by the shortest route when not in a crosswalk, and may not suddenly step into the path of a vehicle too close to yield.
Can you recover damages if you were partly at fault in Missouri?
Pure comparative fault. In product liability claims, the statute expressly applies pure comparative fault: the plaintiff's fault reduces the award proportionately but does not bar recovery. Missouri applies the same pure comparative fault approach to negligence cases generally through court decisions. In dog-bite cases, damages are reduced by the injured person's percentage of fault.
What is the minimum car insurance required in Missouri?
Owners must maintain financial responsibility; a motor vehicle liability policy must cover at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.
What is the statute of limitations for personal injury in Missouri?
Five years. Actions for "any other injury to the person or rights of another, not arising on contract" and not otherwise listed must be filed within five years.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.