Whenever you travel by vehicle on any road or highway, it’s important to adhere to all traffic laws. But when you’re injured in a car crash, you may not know what traffic laws can impact your accident case.
Our Kansas City car accident lawyers understand that most people don’t think about how specific laws could factor into the outcome of their case and the amount of compensation they receive. Here, we discuss some critical Missouri laws that can affect your car accident claim, including seatbelt laws and how they can factor into your recovery.
Missouri Traffic Laws That Can Impact Your Car Accident Compensation
When you get behind the wheel of a vehicle in Kansas City, you have a responsibility to obey Missouri traffic laws and drive safely to protect others on the road. If you fail to follow these laws, some of them may factor into your car accident case and the amount of compensation you might receive. Some of these laws include the following:
Driving in the Left Lane
You may have seen signs on Missouri highways that say “Slower Traffic Keep Right.” What you may not know is that this sign is actually the law, not a suggestion. Missouri Revised Statutes § 304.015 states that on any highway with a total of two or more lanes in each direction, you can’t drive in the left-most lane except when:
- You’re overtaking and passing another vehicle
- You’re preparing to make a left turn
- You’re directed by traffic control devices to do otherwise
A few exceptions to this law include:
- You can drive in the left lane when traffic conditions and/or road design make it necessary to use the left lane to maintain a safe flow of traffic.
- Emergency vehicle drivers are allowed to drive in the left lane to perform official duties.
This law may factor into your car accident case if a driver who was using the left lane unlawfully caused an accident. Because Missouri is an at-fault state for car crashes, any driver who makes an improper lane change that contributes to the accident may be held liable for damages.
Use of Headlights
Missouri has specific laws about headlight use when driving. These laws include headlight color, what height they need to be at, how bright, and times when you should be using them. It is important to be aware of these laws so if you get into an accident, you know your rights; and they can help you from causing an accident.
Missouri Laws on Headlight Use
Missouri Revised Statutes § 307.040 states that your headlights must be on:
- Between sunset and sunrise
- When fog, snow, rain, or other atmospheric conditions require the use of windshield wipers
- When visibility is less than 500 feet
Additionally, your headlights must:
- Be bright enough to highlight people and vehicles ahead of you
- Be dimmed if a car approaches from the other direction from within 500 feet, or a car is in front of you and the rear of that car is within 300 feet
- Not shine light too high as to blind oncoming drivers
If you’ve been in an accident that was caused by high beams or illegal use of headlights, our experienced Kansas City car accident lawyers can help file a lawsuit against the driver who caused any injuries that resulted from the crash.
Missouri’s Move Over Law
When you drive by a police officer who’s making a traffic stop on the side of a highway, you’re legally required to change lanes or slow down. Missouri Revised Statutes § 304.022 is called the “Move Over Law” and requires that you do the following:
- Proceed with caution and yield the right-of-way
- Move into a lane not adjacent to the stationary vehicle if the highway has at least four lanes with not less than two lanes proceeding in the same direction
- Proceed with due caution and reduce the speed of the vehicle if changing lanes is unsafe or impossible
If a driver violates the Move Over Law and, in doing so, causes an accident that injures you, the other driver may be found negligent.
Missouri’s Seatbelt Law
All Missouri drivers and their passengers must wear a seatbelt. Missouri drivers are responsible for ensuring that anyone under the age of 16 wears a seatbelt or is in a proper child restraint. Child car seat laws in Missouri include the following:
- All children under age four and/or under 40 pounds must be buckled into a size-appropriate car seat.
- Children between the ages of four and seven who weigh less than 40 pounds must be properly restrained in a car seat or booster.
- Children over age 8, or who weigh 80 or more pounds, or who are 4’9” tall or taller may ride in a booster seat or wear a seatbelt.
Car Accidents: the “Seatbelt Defense”
If you’re injured in a Missouri accident and you weren’t wearing a seatbelt, the at-fault driver may try to use the "seatbelt defense" when arguing their case. This defense says that your injuries were caused or made worse by your failure to wear a seatbelt. Wearing a seatbelt can affect your ability to recover compensation if you're injured in an accident. Missouri law allows the other party to argue that your damages should be reduced if you weren't buckled up. Here are some key points to remember:
- Comparative fault. Missouri follows the comparative fault rule, which means that if the plaintiff is found to be partially at fault for their injuries, their damages will be reduced by the percentage of their fault.
- Seatbelt defense. The seatbelt defense is a type of comparative fault defense. The defendant can argue that the plaintiff's failure to wear a seat belt contributed to their injuries, and therefore, the plaintiff's damages should be reduced.
- Limitations. Missouri law places limitations on the use of the seatbelt defense. According to Missouri Revised Statutes section 307.178(4), the failure to wear a seatbelt cannot be used as evidence of comparative negligence in a civil action unless:
- The defendant presents expert evidence proving that the plaintiff's failure to wear a seatbelt caused or contributed to their injuries
- The evidence supports a finding that the plaintiff's failure to wear a seatbelt was a proximate cause of their injuries
- Damage reduction cap. Even if the at-fault driver successfully proves that your failure to wear a seatbelt contributed to your injuries, the plaintiff's damages cannot be reduced by more than 1% of the damages awarded.
Missouri’s Right Turn on Red Law
Unless there’s a “No Turn on Red” sign posted, it’s legal for Missouri drivers to turn right on red. However, they must first come to a complete stop at an intersection and yield to pedestrians and other traffic before proceeding.
When turning on red, drivers must do the following:
- Stop in the proper position and yield the right-of-way to any vehicle approaching from another direction
- Yield to pedestrians in the crosswalk
- Use caution and follow the normal right-of-way rules when making the turn
If a driver fails to yield or only comes to a rolling stop, and that action causes an accident that injures you, they can be liable for your losses.
Distracted Driving: Texting Behind the Wheel
Missouri recently strengthened its distracted driving laws, but there are still different rules for younger and older drivers. Currently, texting and driving is prohibited for anyone under 21. Missouri Revised Statutes § 304.820 states:
- Drivers 21 and under are prohibited from sending, reading, or writing text messages while operating a vehicle
- The law applies to text-based communications such as SMS, instant messages, and email
- Exceptions exist for emergency situations and hands-free/voice-operated texting
For drivers over 21, Missouri's hands-free law, officially the Siddens Bening Hands-Free Law, prohibits drivers from using handheld cell phones and other electronic communication devices while driving on public roadways.
The law went into effect on August 28, 2023, with a grace period for drivers to adjust, and full enforcement began on January 1, 2025.
If you were injured in a car accident caused by a distracted driver, the at-fault driver may be liable for compensation.
When You've Been Hurt in a Kansas City Car Accident
If you were injured in a Missouri car accident, and you believe the at-fault party violated a traffic law, you need to obtain legal representation with Peterson Law Firm. Our highly skilled legal team has a solid track record of success helping motor vehicle accident victims secure full and fair compensation. Read our case results to see how we’ve assisted clients injured due to traffic offenses.
