Most wrong-way crashes in O’Fallon, Missouri occur on highways like I-70, I-64, and Highway 364, often at night when visibility is limited.
Impaired driving causes many of these collisions, but driver confusion at complex interchanges and poorly marked exit ramps also contributes to these devastating accidents.
Our skilled wrong-way accident lawyers know these crashes are different from typical accidents. The injuries are more severe, the insurance battles more complex, and victims need attorneys who understand both the medical and legal challenges ahead.
At Beck & Beck Missouri Car Accident Lawyers, we are the only law firm in Missouri that focuses exclusively on auto accident law. If you were hurt in a wrong-way crash, our experienced O’Fallon wrong-way accident attorneys are ready to fight for you. Contact us today for a free initial consultation.
What Is a Wrong-Way Crash?
A wrong-way crash happens when a driver travels against the flow of traffic, usually on a highway, exit ramp, or one-way street.
Because both vehicles are moving toward each other, the combined force of the impact is far greater than in a typical rear-end or side-impact collision. These crashes are among the most deadly on Missouri roads.
What Causes Wrong-Way Accidents in O’Fallon?
Most wrong-way crashes are caused by driver error or impairment. Common causes we see in O’Fallon and St. Charles County include:
- Alcohol or drug impairment: Intoxicated drivers are responsible for a large share of wrong-way crashes, particularly at night on highways like I-70 and I-64.
- Driver fatigue: An exhausted driver may miss signs or drift onto the wrong side of the road without realizing it.
- GPS confusion or poor signage: Outdated navigation directions or missing “Do Not Enter” signs can send a driver the wrong way on a ramp.
- Distracted driving: A driver looking at their phone may enter a one-way road or highway ramp without noticing.
- Unfamiliar roads: Drivers unfamiliar with complex interchanges near MO-364 or Highway K are more likely to make a wrong-way entry.
Who Is Liable in a Wrong-Way Crash in Missouri?
The wrong-way driver is almost always at fault, but they may not be the only party responsible. Our job is to identify every source of liability so we can pursue every dollar available to you.
Dram Shop Claims Against Bars or Restaurants
Missouri’s dram shop law allows you to file a claim against a bar or restaurant that overserved a visibly intoxicated person who then caused your crash. Our O’Fallon wrong-way accident lawyers gather receipts, security footage, and witness statements to prove the business knowingly served someone who was already drunk.
Claims Against Government Agencies for Dangerous Road Conditions
If missing or faded signage contributed to the crash, a government agency like MoDOT may share liability. We subpoena maintenance records, inspection logs, and engineering files to show that a known hazard was left unaddressed.
Employer Liability for On-the-Clock Drivers
Under a legal doctrine called respondeat superior, an employer can be held responsible for an accident caused by an employee during work hours. If the wrong-way driver was making a delivery or performing any job-related task, their employer may owe you compensation too.
What Evidence Proves a Wrong-Way Crash?
Evidence disappears fast after a crash. Security footage gets overwritten within days, and witnesses become harder to reach. The sooner you call our skilled O’Fallon car accident lawyers, the better our chances of preserving what we need to build your case.
We pursue several types of evidence, including:
- Traffic and business camera footage: We contact MoDOT, the O’Fallon Police Department, and nearby businesses to secure video before it is deleted.
- Phone records: We can subpoena the at-fault driver’s phone records to show they were texting or using an app at the time of the crash.
- Event Data Recorder (EDR) data: An EDR, sometimes called a vehicle “black box,” records speed, braking, and steering inputs in the seconds before a crash.
- Toxicology reports: If impairment is suspected, we obtain blood or breath test results to confirm it.
- Roadway maintenance records: If a missing sign played a role, we pull inspection logs and prior complaint records to show a government agency knew about the problem.
What Compensation Can You Recover After a Wrong-Way Crash?
Missouri is an at-fault state, which means the driver who caused the crash is responsible for your losses. You can pursue compensation for both your financial losses and the personal toll the crash has taken on your life.
Recoverable damages typically include:
- Medical expenses: Emergency care, surgeries, hospital stays, physical therapy, medications, and any future treatment your injuries require.
- Lost wages and earning capacity: Income you lost while recovering, and compensation if your injuries prevent you from returning to the same job or earning the same amount.
- Pain and suffering: Physical pain, emotional distress, anxiety, and loss of enjoyment of life are all compensable under Missouri law.
- Property damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
Punitive Damages for Drunk or Reckless Wrong-Way Driving
In cases involving extreme recklessness, such as a drunk driver going the wrong way on the interstate, you may also be entitled to punitive damages. These are separate from your actual losses and are designed to punish the wrongdoer and deter similar conduct in the future.
What If You Are Partly at Fault in Missouri?
Missouri follows a pure comparative fault rule, which means you can still recover compensation even if you share some of the blame. Your total award is reduced by your percentage of fault. Under Missouri’s comparative fault rule, you can still recover compensation even if you are partly at fault; your award is reduced by your percentage of blame.
Insurance companies routinely try to inflate your share of the blame to reduce what they pay. Our O’Fallon wrong-way accident attorneys push back hard against those tactics and work to keep your fault percentage as low as the facts allow.
How Long You Have to File a Wrong-Way Injury Claim in Missouri
In Missouri, you have five years from the date of the accident to file a personal injury lawsuit. If the crash resulted in a death, the family has three years to file a wrongful death claim.
Even with five years on the clock, waiting hurts your case. Surveillance footage is gone within days, witnesses become harder to find, and physical evidence fades. Contact us as soon as possible so we can start protecting your claim right away.
What to Do After a Wrong-Way Crash in O’Fallon
The steps you take immediately after the crash can make a real difference in your case. Here is what we recommend:
Step 1: Call 911 and Get Medical Care
Call 911 right away and get checked out by emergency responders, even if you feel okay. Many serious injuries, including head and spinal injuries, do not show symptoms immediately. Medical records created at the scene also directly link your injuries to the crash.
Step 2: Document Everything You Can
Take photos of the vehicles, road conditions, any skid marks, traffic signs, and your visible injuries. Get the names and phone numbers of any witnesses before they leave the scene.
Step 3: Decline a Recorded Statement
The other driver’s insurance company may call you quickly and ask for a recorded statement. You are not required to give one. Politely decline until you have spoken with a lawyer, as anything you say can be used to reduce your compensation.
Step 4: Call Beck & Beck
Contact us as soon as you can. We will take over communication with the insurance companies, begin our investigation, and handle every part of your case so you can focus on getting better.
How Our Attorneys Handle Your Case
When you hire us, we move quickly. We secure evidence, work with accident reconstruction experts when needed, and coordinate with your medical team to document the full impact of your injuries. We also work with financial experts to make sure your lost wages and future losses are fully accounted for.
We handle all communication with insurers and prepare every case as though it will go to trial. That preparation is often exactly what convinces an insurance company to offer a fair settlement. If they refuse, we are ready to take your case to court.
Wrong-Way Accident FAQs
Do I Still Have a Case if the Wrong-Way Driver Had No Insurance?
Yes. Missouri requires drivers to carry uninsured motorist (UM) coverage, which can be used when the at-fault driver has no insurance or cannot be identified. We help you file a UM claim through your own policy and fight for the maximum payout available.
Who Pays My Medical Bills While My Case Is Pending?
Your health insurance or the MedPay coverage on your auto policy can cover bills while your case is ongoing. We can also arrange treatment on a lien, meaning your medical providers agree to be paid from your final settlement instead of upfront.
Can I Sue a Bar That Overserved the Driver Who Hit Me?
Yes, if the bar or restaurant served alcohol to someone who was visibly intoxicated and that person then caused your crash, Missouri’s dram shop law allows you to pursue a claim against that business.
Do I Need a Criminal Conviction to Win My Civil Case?
No. Criminal and civil cases are completely separate. The standard of proof in a civil claim is lower, so you can win your injury case even if the driver is never criminally charged or convicted.
Will My Insurance Rates Go Up if I Use My UM Coverage?
Typically, no. Using your uninsured motorist coverage when you are not at fault should not cause your rates to increase, though we recommend reviewing your specific policy with your agent.
Contact Our O’Fallon Wrong-Way Accident Law Firm Today
Wrong-way crashes cause some of the most serious injuries we see. At Beck & Beck Missouri Car Accident Lawyers, we have spent over 35 years helping people in O’Fallon and across Missouri recover the compensation they need to move forward. We are a family-run firm, and we treat every client like one of our own.
Consultations are always free, and you pay nothing unless we win. We are available around the clock to take your call.
