Establishing Fault in a Car Accident Injury Case
Car accidents are as unexpected as they are devastating. Picking up the pieces can be such a long and arduous process. Not all accidents are clear-cut, either. Even in accidents that seem clear cut, oftentimes there will be conflicting evidence, such as the other driver making a false statement to the police or their insurance company, Other times there may be some amount of fault on more than one driver, so showing that the other person is at fault can be quite the task. Advice from a car accident attorney at Jett Accident and Injury Lawyers will make all the difference when you need to know where you stand after a car accident.
Elements of Establishing Fault in a Car Accident Injury Case
Understanding what comprises negligence is necessary. To show negligence, three factors must be proven by your Missouri personal injury lawyer: duty of care, breach of duty, and damages.
Duty of Care
Establishing that the defendant owed the plaintiff a duty of care is the first step in a motor vehicle accident action. Drivers have a responsibility to drive safely and responsibly. Drivers in Missouri are required by law to exercise the highest degree of care while operating a motor vehicle on Missouri roads and highways under RSMo 304.012 (emphasis added).
Breach of Duty
Evidence of the breach could be any negligent or reckless action that causes a car accident. The proof of a traffic infraction or other criminal activity is frequently part of this evidence. Your personal injury attorney at Jett Accident & Injury Lawyers will know the applicable law.
Your medical costs lost wages, and emotional suffering may be compensable damages where it is shown that the damages resulted from the breach.
Establishing Fault in Missouri
The terms “at-fault” and “no-fault” are used to categorize who is responsible for a car collision. Missouri uses a modified at-fault system, referred to as a pure comparative fault system. For instance, both drivers might be to blame for causing a head-on collision. The degree of blame attributed to each driver is decided by a jury. In proportion to their degree of fault, drivers are liable for damages. So, what happens if you contributed to the accident? The Missouri pure comparative negligence principle will determine how much compensation you are eligible to get if you share any fault for your auto accident.
Each motorist is given a proportion of fault under this law, which affects how much they are paid. As an illustration, if damages are assessed at $10,000, and you are determined to be 20% at fault, you will receive 80%, or $8,000. Establishing fault in a vehicle collision where both parties contributed to the accident is not simple. You will need the assistance of a Missouri personal injury lawyer in proving fault in a car accident injury case.
Minimum Insurance Requirement for Missouri
Your car accident attorney will negotiate with their insurance company to recover from the party at fault. Liability insurance, which has minimum coverage requirements, is mandatory for drivers.
In Missouri, the following are the minimal requirements:
- $25,000 for physical harm per person and per accident
- $50,000 for each accident’s total number of injured people
- Liability of $10,000 for property damage
- Uninsured motorist coverage of $25,000/$50,000
High-Rated Personal Injury Attorney in Missouri
Establishing fault in a car accident injury case is not always a simple process. Communicating with our firm as soon as possible after being involved in an accident allows us to gain the upper hand in investigating potential sources of liability and identifying and investigating any issues related to proving fault after a crash. Having a car accident injury attorney on deck is best to prepare your case properly, which allows us to gain the upper hand when we negotiate with insurance companies and represent you in court if necessary.
Jett Accident & Injury Lawyers have extensive experience and expertise in the entire process. Contact us for a free case review today.