Car accidents happen in mere seconds. Sometimes, you have no idea of the approaching hazard until your vehicle is struck. You’re left feeling a little dazed and wondering what just happened. If you sustain injuries you may only be thinking about the pain.
What’s not currently on your mind is who’s at fault for the vehicle collision. Determining liability in a Missouri car accident is a crucial part of the legal process, especially if you’re planning on filing a personal injury claim. But how is liability determined and who’s responsible for making the decision? After all, what they decide can impact your claim.
The Basics of Missouri Insurance Laws
Like most other states except for a few like Texas and Florida, Missouri follows at-fault insurance rules. Not sure what this means for your injury claim? At-fault means you file a compensation claim with the driver responsible for causing the accident insurance provider.
In other words, if you’re not the at-fault driver, you can leave your auto insurance provider out of the claim process. Responsibility for covering your damages falls on the at-fault driver’s insurance provider. So far, everything seems pretty simple.
Before you start listing your damages on the insurance claim form, Missouri also follows comparative fault guidelines. This allows more than one driver to be responsible for the same accident, and this is also when proving liability can become a crucial factor in your accident claim.
So, how can comparative negligence impact your accident claim? Your compensation amount is reduced by your percentage of fault. If you’re wondering if you can still file an accident claim after being assigned some of the blame, the answer is usually yes. As long as you’re not assigned more than 50% of the blame, you should be able to recover some compensation for your damages.
Who Determines Liability in a Car Accident?
You’re probably wondering who decides if you’re liable, even partially, for the vehicle accident. After all, you don’t want a random stranger to decide fault. You at least want it to be determined by someone who’s experienced in investigating accident scenes.
Sometimes determining fault is relatively simple. A driver runs a red light and hits another vehicle turning on a green light. In this scenario, figuring out who caused the accident is easy. The responding officers will probably assign 100% of the fault to the driver who decided to barrel through the red traffic light.
Not all car accidents are this cut-and-dry. Both drivers may be responsible for causing the accident. An example can be if one driver is speeding and hits a vehicle making an improper lane change. The authorities can say that even though the other driver is speeding, the accident may not have occurred if you hadn’t made the improper lane change. This is also when comparative negligence may apply.
Multi-vehicle collisions also tend to be more complex, and this can make determining fault a nightmare for the responding authorities.
When determining fault is challenging, the insurance adjuster may also play a role in assigning blame. An accident scene investigator may also be called in to determine fault. Once fault is determined, you and/or your accident attorney are typically notified. Now, you can get started on the claim process.
However, what happens if you’re assigned more of the blame than you feel is fair? This can happen, even the experts can make an occasional mistake. You can file an appeal in civil court. You’ll go through a short trial where you present evidence supporting your version of the accident.
While there’s no guarantee the judge or jury will rule in your favour, you may be able to reduce your percentage of blame, which usually means receiving more compensation from the insurance company.
Proving Liability in a Missouri Car Accident
While you’re not responsible for determining who’s liable for a car accident, you can take some steps to help ensure you’re not assigned more blame than you deserve.
Collect Evidence at the Accident Scene
Before we start talking about the type of evidence you want to collect, let’s discuss your health. Some accidents result in severe injuries requiring immediate medical treatment. Don’t worry about turning into an amateur detective if your injuries require an immediate trip to the hospital.
Let the experts take care of determining liability. If you disagree with their findings, you can always file an appeal. Your health should always be a priority.
With that being said, if possible try to gather some evidence from the accident scene. So, what type of evidence are you looking for? Don’t get too excited if you’ve always dreamed of becoming a detective. You’re not going to that extreme.
However, you should grab your cell phone and open the camera app. You’re going to be taking plenty of pictures. Get pictures of the damage to your vehicle, as this can help show the damage caused by the accident. You should also try to get a picture of your vehicle’s position. Where your vehicle ends up after the collision can go a long way towards determining blame.
Don’t worry about getting pictures of the other driver’s vehicle. Emotions are usually running high after a car collision and you don’t want to make things worse. Let the responding authorities handle taking any photos of the other involved motorists’ vehicles. What other types of evidence should you collect?
Make a note of any traffic or surveillance cameras in the area. Your accident attorney can subpoena the footage. The video or still pictures may help determine the accident’s cause.
If there are any witnesses to your accident, get their contact information. Your attorney will want to interview any witnesses, especially if they can support your version of events. Be careful what you say to any witnesses, the insurance adjuster is also going to take their statements. You don’t want the witnesses repeating something you said that can potentially lower the value of your claim.
Don’t Assume More Than Your Fair Share of Fault
Determining liability in a car accident can be challenging. To help ensure you’re not assigned more blame for the accident than your actions deserve, contact an experienced personal injury attorney.
From investigating the accident scene to filing a potential appeal, your attorney can help ensure you receive fair compensation.
