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Car accidents happen every day, with around 150,000 reported each year in Missouri alone. Injured victims can claim compensation for damages caused- but they need to prove that someone else was at least partially at fault.
Determining fault in a car accident lawsuit or injury claim can be complex, but Missouri personal injury laws provide clear rules that help make the process clearer. Working with an experienced and dedicated car accident attorney gives victims the best chance at recovering maximum compensation. They can a also assist with how to prove fault for a dog bite in Missouri.
This guide on how to prove fault in a car accident in Missouri covers the basics of fault law, what it means for those making claims, and how to build the best case from the very beginning.
Understanding Missouri Fault Laws
Missouri is a pure comparative fault state, meaning that compensation rights in any personal injury lawsuit are based on the percentage of fault assigned to each party.
If a car accident is 100% one party's fault, the victim can recover maximum damages. They can still claim compensation if they too carry part of the blame, but the amount will be reduced accordingly.
For example, if the claimant is found to be 25% at fault, the compensation amount will be reduced by 25%. Anyone can claim, no matter how much of the blame they hold, but they need to consider how it will impact the outcome.
How Is Fault Determined in a Missouri Car Accident Case?
To get the most compensation possible, it is crucial to prove that the other driver is at fault- or at least partially to blame. The more fault a person can prove, the stronger their case for an insurance claim settlement becomes.
In Missouri, determining fault relies on three things:
Duty of care
Victims must prove that they were owed a duty of care by the responsible party. All road users are responsible for driving safely and following road rules to ensure the safety of others.
Breached duty of care
There must be clear evidence that someone failed to uphold their duty of care. In car accidents, that usually means breaking road rules- for example, exceeding the speed limit, running a red light, or driving under the influence.
Causation
It must also be proven that the person's actions caused the accident. An example could be causing a collision because they failed to stop at a stop sign, or because they pulled out the wrong way at a junction.
Finally, claims must include evidence that damages were caused. This includes injuries sustained, expenses related to any injuries, property damage, and more.
Why Does Proving Fault Matter in a Car Accident Personal Injury Claim?
No car accident claim can be successful without proof of fault. Before the legal process can begin, a clear case must be presented showing how and why the accident happened- and in what way the other party was responsible.
What Can Injured Car Crash Victims Claim from the At-Fault Driver and Their Insurance Company?
An injured person who successfully proves fault in a car accident case can claim for the following damages.
Medical expenses (including all medical bills, treatment costs, prescriptions, and ongoing therapy)
Lost wages and reduced future income
Property damage (such as vehicle repair or replacement and damage to personal belongings)
Pain and suffering (emotional distress, lasting impact on quality of life, PTSD, and other mental suffering)
Funeral costs and wrongful death damages (claimed by family members in the event of fatalities)
The responsible party's liability coverage insurance usually covers compensation- with the total amount adjusted based on the percentage of fault they carry.
How to Prove Fault in a Missouri Car Accident Claims
Taking all this information into account, there are several important steps people should take to help them prove fault in their car accident case.
Gather evidence at the scene of the accident
The accident scene provides a lot of information. Taking pictures of the vehicles involved, skid marks on the road, and surrounding road signs is always advisable, if the victim or someone with them is able to.
It is also a good idea to look for any CCTV cameras and witnesses that could provide valuable insight.
Calling the police and emergency services should be the first thing people do to ensure quick medical attention and an accurate police report that can be used later in the case.
Failing to call the police could damage a person's hopes of recovering compensation later.
Identify fault
Some car accidents have an obviously responsible party, but some do not. It is crucial to look at what could possibly have caused the accident and to search for any evidence to support the claim.
Keep note of all expenses and records
Proving damages is essential, so victims must keep all hospital records, doctor statements, bills, and documentation relating to the incident. All this can be used to show what injuries were sustained and what they cost the victim.
Hire an experienced personal injury attorney
Generally, a car accident lawyer in St Louis MO can take the lead in gathering crucial evidence, proving fault, and building a strong case against the negligent party.
From collecting witness statements and uncovering other useful details to leading negotiations with the insurance company, they take the pressure off of victims and use their in-depth legal knowledge to create a successful Missouri personal injury claim.
Powell Law Firm: Helping Missouri Car Accident Victims Seek Justice and Recover Compensation
The elite car accident attorneys at Powell Law Firm work tirelessly to help injury victims prove fault and win the compensation they deserve following a difficult and traumatic event. They can also guide you through how to prove fault for a slip and fall in Missouri.
Years of experience handling complex accident claims in Missouri gives this team the edge- an advantage they use for the betterment of their clients.
If you have been involved in a car accident in Missouri and need dedicated and professional legal guidance to help you prove fault and win your case, you can arrange a free consultation with experts who care at Powell Law Firm.
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