Section 9.61 Identity

• Library: Tort Law 2016

Problems sometimes arise involving the identity of the driver. Proof that a person was driving a motor vehicle "shortly before" a collision gives rise to an inference that the driver was driving at the time of the collision.

The general rule is stated in Martin v. Sloan, 377 S.W.2d 252, 257 (Mo. 1964), as follows: "The courts have recognized that upon proof that a particular person was driving an automobile shortly prior to an accident, an inference that he continued as the driver, absent evidence to the...