Road Rage Accidents in Missouri: Your Rights and Options

Missouri ranks as the second most confrontational state for drivers in the nation, with the highest percentage of drivers who have experienced verbal threats or harassment on the road. This concerning survey result from 2024 highlights the serious nature of road rage incidents in the Show-Me State and the importance of understanding your legal rights and options.

Here’s what you need to know in the event you get injured in a road rage accident in Missouri. For legal advice on your specific case, please consult with us for free at Shea Kohl Law.

Missouri’s Road Rage Problem

According to a nationwide analysis, road rage has become increasingly prevalent across the United States, with violent incidents surging by over 400% between 2014 and 2023. In Missouri specifically, 33.5% of drivers report being yelled at, insulted, or threatened by another driver – the highest percentage nationwide. The state also ranks second highest for intentional cutting-off incidents, with 48% of drivers reporting such experiences.

Road rage brings very real risks and dangers. Physical aggression can quickly develop from aggressive driving habits such as tailgating, cutting other drivers off, flashing lights, screaming, cursing, and making obscene gestures. In the worst situations, deliberate vehicle assault or homicide may occur, along with the introduction of weapons.

Does Road Rage Have Legal Ramifications?

Road rage incidents can result in both criminal and civil legal consequences. When aggressive driving leads to motor vehicle accidents, victims have specific rights under Missouri law. Missouri, being an “at-fault state,” mandates that the at-fault driver or their insurance provider cover the cost of medical care and vehicle damage.

Criminal Consequences

The Missouri Criminal Code treats road rage incidents with significant severity. Aggressive drivers may face charges ranging from misdemeanor assault to felony offenses, depending on the nature and severity of their actions. Common criminal charges include:

• Assault and Battery
• Reckless Endangerment
• Criminal Damage to Property
• Harassment
• Aggravated Assault (if a weapon is involved).

Civil Liability

Beyond criminal penalties, aggressive drivers can face substantial civil liability. Victims can pursue compensation through:

• Personal injury lawsuits
• Property damage claims
• Punitive damages in cases of extreme misconduct.

Types of Compensation Available in a Civil Lawsuit

Victims of road rage accidents in Missouri may be entitled to various forms of compensation:

• Medical expenses: Coverage for immediate and long-term medical care
• Property damage: Compensation for vehicle repairs or replacement
• Lost wages: Reimbursement for missed work and reduced earning capacity
• Pain and suffering: Compensation for physical and emotional trauma.

This compensation is available through a civil claim such as a personal injury lawsuit. The victim files this claim with civil court, which is separate from criminal court. This means that even if the defendant is found Not Guilty or the criminal case is dismissed, the victim may still seek compensation through the civil case.

How to Respond to a Road Rage Incident in St. Louis

When encountering aggressive driving behavior in St. Louis, maintaining composure and following specific safety protocols can help prevent dangerous escalation. Here’s a guide to handling road rage situations:

Safety First Approach

Maintaining emotional control is essential during a road rage encounter. Any display of aggression or retaliation could worsen the situation and potentially compromise future legal claims.

De-escalation Techniques

Avoid any actions that might provoke the aggressive driver. Keep in mind these strategies:

• Break visual connection by avoiding direct eye contact.
• Refrain from gestures or facial expressions.
• Maintain steady, predictable driving patterns.
• Create distance between vehicles when possible.

Defensive Measures

Take precautionary steps to protect yourself:

• Ensure all passengers are properly restrained.
• Maintain awareness of escape routes.
• Keep doors locked and windows closed.
• Stay in well-lit, populated areas.

Documentation Protocol

Should an incident occur, proper documentation is crucial:

• Note the vehicle description and license plate.
• Record the time and location.
• Document any witnesses present.
• Preserve any available video evidence.

Emergency Response

If the situation becomes threatening:

• Contact law enforcement immediately.
• Drive to the nearest police station.
• Avoid leading an aggressive driver to your home.
• Seek a well-populated area with security cameras.

For legal assistance following a road rage incident in St. Louis, contact Shea Kohl Law at (636) 946-9999. Our experienced team provides straightforward advice and practical solutions for victims of aggressive driving incidents.

What to Do in Missouri Following a Road Rage Incident

It’s crucial to remain calm, call the police, and get as much evidence as you can after a road rage incident. Examples of evidence you can collect at the scene are pictures, videos, and the other vehicle’s license plate information. You should also seek medical attention.

The following steps can help you defend your right to demand compensation from the driver who hurt you:

• Follow doctor’s orders. Maintaining your medical care will help you recover from your injuries and provide any documentation that may be required to support your losses.
• Don’t give too much away. Try to wait to speak with insurance adjusters until after speaking with a car accident lawyer. Avoid subjective statements and only present the facts while making a statement. Don’t propose any ways in which you might be responsible. Insurance claims involving road rage can be complex. Insurance companies may attempt to classify road rage incidents as intentional acts, which could affect coverage. Working with an experienced attorney can help navigate these challenges and ensure proper compensation.
• Stay away from social media. Don’t post about your accident. Insurance adjusters may search the internet for personal information that they can use against you.
• Speak with an experienced attorney. It might be especially difficult to get the money you are due because most insurance companies do not cover occurrences brought on by road rage. As an alternative, the driver may be required to pay for the damages out of pocket. An attorney with experience handling road rage events can help you better understand your legal options and obtain the compensation you are entitled to.

Frequently Asked Questions

How does Missouri’s at-fault system affect road rage accidents?

In Missouri, the driver who causes a car crash is liable for damages because the state has an at-fault system for auto accidents. In road rage cases, this can include both direct damages from the accident and additional penalties for aggressive behavior.

What evidence should I collect after a Missouri road rage incident?

Document everything possible, including:

• Photos of vehicle damage and the accident scene
• Witness statements and contact information
• Police report details
• Medical records and bills
• Dashcam footage if available.

Can I seek compensation if the aggressive driver fled the scene?

Yes. If the aggressive driver leaves the scene, you may still have options through your own insurance company’s uninsured motorist coverage. Report the incident to police immediately and provide any identifying information about the vehicle or driver. 

A victim of road rage still retains the right to compensation even if the violent driver is never found. Hit-and-run incidents, including those involving road rage, should be treated by insurance companies as collisions involving an uninsured driver. Since the driver is nowhere to be discovered, it could as well be the same thing as knowing who the driver is but finding out they have no insurance at all.

If a victim of road rage has uninsured motorist (UM) coverage under their auto insurance policy, they may be eligible to receive insurance coverage. An automobile accident attorney may be needed to help resolve the issue if the insurer refuses to provide any coverage. 

Protect Your Rights After a Missouri Road Rage Incident – Contact Us

When faced with aggressive driving incidents on Missouri roads, taking prompt legal action can make the difference between receiving fair compensation and bearing the burden of damages alone. At Shea Kohl Law, we understand the complexities of road rage cases and have over 100 years of combined experience helping victims navigate these challenging situations.

Don’t let a road rage incident derail your life or leave you with mounting medical bills and repair costs. Reach out to Shea Kohl Law. Our team of experienced attorneys will guide you through every step of the legal process, ensuring your interests are protected while you focus on recovery.

Contact Shea Kohl Law at (636) 946-9999 to schedule a free consultation and learn how we can help protect your rights after a road rage incident. Our dedicated legal team serves residents throughout St. Charles, Lincoln, St. Louis, and Warren counties with the professional, ethical representation you need to move forward.