Rules of the Road

Missouri Statutory Rules of the Road

The Missouri "rules of the road" are found throughout Chapter 304 of the Missouri Revised Statutes. For example, section 304.012 mandates that "every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care." A person who violates the provisions of section 304.012 "is guilty of a class B misdemeanor, unless an accident is involved then it shall be a class A misdemeanor."

According to section 304.014 of the Missouri Revised Statutes "every person operating or driving a vehicle upon the highways of this state shall observe and comply with the following rules of the road", including:

• Right of Way - The law says who must yield the right of way; it does not give any driver the right of way (sec. 304.015)
• Passing - Passing is a dangerous maneuver where the dangers are compounded by intersections and two-lane roads (sec. 304.016)
• Following - A driver shall not follow another vehicle more closely than is safely prudent (sec. 304.017)
• Buses & Trucks - A driver of a bus or truck shall not follow within 300 feet of another vehicle (sec. 304.044)
• Obstruction of Traffic - A driver shall not obstruct traffic unless an accident of injury or death has been caused (sec. 304.151)
• Right of Way at Intersections - A vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered from a different highway (sec. 304.351)
• Violations in Work Zones - Upon a passing or speeding violation in a construction zone, the fine shall be at least $250 (sec. 304.582)

Chapter 300 of the Missouri Revised Statutes is captioned as the Model Traffic Ordinance. Relevant sections of Chapter 300 include:

• Observing Emergency Vehicles - Upon the approach of any emergency vehicle making use of its audible warnings, every other driver shall yield the right-of-way (sec. 300.105)
• Written Report of Accident - The driver involved in an accident involving bodily injury or more than $500 in property damage shall report the accident to local police (sec. 300.115)
• Obedience to Traffic Signals - Drivers shall obey the instructions of any official traffic signal (sec. 300.140)
• Stop & Yield Signs - A driver approaching a yield sign or stop sign shall stop before entering the crosswalk or white line (sec. 300.270)
• Stop When Traffic Obstructed - No driver shall enter an intersection unless there is sufficient space on the other side to accommodate the vehicle (sec. 300.290)
• Following Emergency Vehicle - No driver shall follow an emergency vehicle underway within 500 feet (sec. 300.300)
• All Terrain Vehicles - All-terrain vehicles shall not be driven on the public roads and highways of this state (sec. 300.348)
• Drivers to Exercise Highest Degree of Care - Every driver of a vehicle shall exercise the highest degree of care to avoid collision with a pedestrian or other vehicle (sec. 300.410)
• Parking Not to Obstruct Traffic - No person shall park a vehicle so to obstruct the flow of traffic (sec. 300.445)

Chapter 303 of the Missouri Revised Statutes addresses Motor Vehicle Financial Responsibility Law. Missouri law requires that all vehicle owners carry liability limits of $25,000 per person for bodily injury, $50,000 for bodily injury per accident and $10,000 for property damage per accident. The law also requires uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 per accident. The Missouri Department of Insurance offers information on the alarming number of uninsured vehicles currently on Missouri roadways.

Chapter 302 of the Missouri Revised Statutes concerns Drivers' and Commercial Drivers' licensing requirements. In Missouri it is a class A misdemeanor to operate a vehicle on any Missouri highway without a valid drivers license. It is also a class A misdemeanor to commit fraud or deception during the application process for a Missouri drivers' license.

What is Negligence per Se?

If a driver fails to observe the Missouri rules of the road and causes personal injury to another, the at-fault driver may be 'negligent per se'. This legal doctrine is considered a separate cause of action for personal injury. To prove negligence per se, a plaintiff must show:

• The defendant violated a statutory rule of the road;
• The statute is considered a safety statute;
• The act caused the kind of harm that the statute was designed to prevent; and
• The plaintiff sustained injuries as a result of defendant's negligent act