As winter settles into Central and Southwest Missouri, the daily commute between Joplin and Columbia becomes significantly more hazardous. While Missourians are no strangers to snow, it is often the “invisible” threat of black ice that leads to the most devastating collisions on our major arteries like I-70 and I-44. At Sticklen & Sticklen, we often hear from drivers who believe that because the road was slick or visibility was poor, no one can be held responsible for the resulting crash. However, Missouri law holds a different standard for safety on our roadways.
The “Act of God” Myth and Missouri’s Legal Standard
Many insurance companies try to characterize winter accidents as unavoidable “acts of nature.” They may argue that because a patch of black ice was impossible to see, their policyholder isn’t at fault for losing control. In reality, Missouri law (R.S.Mo. § 304.012) requires every person operating a motor vehicle to exercise the highest degree of care. This means drivers must operate their vehicles in a careful and prudent manner, adjusting their speed and behavior to match the actual road conditions—not just the posted speed limit.
If a driver hits a patch of black ice on I-44 near Joplin and slides into another vehicle, the fact that there was ice on the road does not automatically absolve them of liability. The question becomes: Was that driver exercising the highest degree of care? If they were traveling at 70 mph during a freeze-thaw cycle or following too closely for the conditions, they may still be found negligent.
Determining Liability in Complex Winter Conditions
Liability in a winter weather accident is rarely as clear-cut as a summer fender-bender. It requires a deep dive into the specifics of the crash. At Sticklen & Sticklen, our investigation often looks at several key factors to determine who is truly responsible for your injuries:
- Driver Negligence: Did the other motorist fail to slow down on a bridge or overpass known to freeze first? Did they neglect vehicle maintenance, such as driving on bald tires that couldn’t find traction?
- Government Responsibility: In rare cases, a government entity or a private contractor may be liable if they failed to treat a known hazardous area or if a road design flaw caused unnatural ice accumulation.
- Pure Comparative Fault: Missouri follows a “pure comparative fault” system. This means that even if you were partially responsible for the accident—perhaps you were traveling slightly too fast—you can still recover damages. Your total compensation is simply reduced by your percentage of fault.
Protecting Your Rights After a Winter Crash
If you are involved in a collision on an icy Missouri highway, the steps you take immediately afterward are critical. Beyond seeking medical attention, documenting the scene is vital. Because ice melts and road conditions change within hours, photos of the road surface, the surrounding environment, and the position of the vehicles are essential pieces of evidence.
Insurance adjusters are trained to minimize payouts by blaming the weather. You need a legal team that understands the local landscape—from the heavy freight traffic on I-44 in Joplin to the student-filled streets of Columbia. We prioritize results over billboards, focusing on the personalized details of your case to ensure the insurance companies don’t leave you out in the cold.
If you’ve been injured in a winter car accident, don’t navigate the complex legal path alone. Contact Sticklen & Sticklen today for a free consultation. We’ve recovered over $150 million for Missouri’s injured, and we are ready to help you secure the compensation you deserve for medical bills, lost wages, and pain and suffering.