Summary: In Missouri, careless and imprudent driving generally means operating a vehicle without the careful and prudent manner and highest degree of care required by state law. Missouri drivers must avoid speeds and driving behaviors that endanger another person’s property, life, or safety.
What Does Careless and Imprudent Driving Mean in Missouri?
Missouri law requires every driver to operate their vehicle in a careful and prudent manner and exercise the highest degree of care. This is a higher standard than the ordinary care generally required in other types of negligence cases.
In most Missouri personal injury cases, a defendant may be negligent if they fail to use ordinary care. This means the defendant did not act as an ordinarily careful person would under the same or similar circumstances.
For Missouri drivers, the standard is different.
Under Missouri Revised Statute § 304.012, motorists must drive carefully and prudently, at a speed that does not endanger another person’s property, life, or safety, and exercise the highest degree of care.
What Is the “Highest Degree of Care” in Missouri?
The highest degree of care means the degree of care that a very careful person would use under the same or similar circumstances.
This standard recognizes the potential danger involved in operating a motor vehicle. Missouri courts use this standard when evaluating whether a driver’s actions were negligent in a car accident case.
If a driver fails to use the highest degree of care and causes a crash, that failure may be evidence of negligence and liability for the resulting injuries.
What Can Lead to Careless and Imprudent Driving?
Many different behaviors or circumstances can cause a driver to fail to exercise the highest degree of care.
These may include:
- Distracted driving
- Driving while fatigued
- Driving too fast for conditions
- Failing to keep a careful lookout
- Failing to account for weather or road conditions
- Driving despite physical limitations that affect the ability to safely operate a vehicle
But one of the most common causes we see in car accident cases is distraction.
Is Distracted Driving Careless and Imprudent Driving?
Distracted driving can be evidence that a driver failed to exercise the highest degree of care required under Missouri law.
Drivers have a responsibility to pay attention behind the wheel. Looking at a phone, adjusting controls, interacting with passengers, or engaging in other distractions can take a driver’s attention away from the road.
Many of the car crash cases we handle involve some form of distraction. As Kansas City personal injury lawyers, one of the most common issues we see is a driver’s failure to keep a careful lookout because their attention was somewhere else.
When that distraction causes a crash, the driver’s failure to exercise the required degree of care can become an important part of determining liability.
Does Careless and Imprudent Driving Mean a Driver Is Liable for a Crash?
Not automatically. Liability for a personal injury claim depends on the specific facts of the crash and whether the driver’s actions caused the injuries and damages.
Evidence that may help establish what happened includes:
- Police reports
- Witness statements
- Photos and videos
- Dashcam footage
- Cell phone records
- Vehicle data
- Accident reconstruction evidence
A thorough investigation can help determine whether a driver’s careless conduct caused the collision.
If you’re in an accident, here are 5 Steps to Make Your Car Crash Easier to Handle.
When Should You Contact a Lawyer After a Missouri Car Accident?
Consider talking with a personal injury lawyer if:
- You were seriously injured in the crash
- You believe the other driver was distracted or driving carelessly
- The other driver disputes responsibility
- The insurance company disputes how the crash occurred
- You have significant medical bills or lost income
- Important evidence, such as cell phone records or video footage, may need to be preserved
An attorney can investigate the circumstances of the crash, preserve relevant evidence, and determine whether the other driver failed to exercise the degree of care required under Missouri law.
Talk to a Kansas City Car Accident Lawyer
At Meyerkord, Russell & Hergott, we dig deeper to understand how a crash happened and uncover evidence that may establish fault. If you were injured because another driver failed to exercise the highest degree of care, contact our Kansas City car accident lawyers for a free consultation.
Key Takeaways
- Missouri drivers must exercise the highest degree of care.
- Distracted or careless driving can help establish negligence after a crash.
- Evidence is critical to determining whether a driver’s conduct caused an accident.