Determining who is at fault for a car accident is generally a matter of identifying who was careless, or “negligent”. In some car accident cases, it’s easy to tell which party acted carelessly and is therefore responsible for any property damage or injuries that may have occurred.
However, sometimes it can be very difficult to tell who was at fault for a car accident. Complicating things further is the fact that multiple entities might make a determination of fault after a car accident, including law enforcement agencies, insurance companies, and the courts.
This article will discuss how various determinations of fault after a car accident are made, and where you can turn for help if you have been injured in a car accident.
The best time to decide who is at fault is at the scene of the accident. At the scene, there will be witnesses surrounding that can assist in concluding in who was at fault. The following blog from the personal injury lawyers from Sticklen & Dreyer will help you understand how fault is determined in a car accident.
Why Does Fault Matter?
Fault in a car accident is important because the person at fault is responsible for an injured party’s damages. Proving you are not at fault means escaping the financial liability associated with the auto accident.
If multiple parties are accused of liability for an accident, determining who is at fault takes the form of identifying the levels of fault of each party.
How Fault is Determined in a Car Accident in Missouri
Missouri uses a pure comparative fault system which awards money damages based on what percent of fault the drivers were. The fault percentages are typically determined during the insurance claims process, however, fault will be determined by a judge or jury at trial if the claim is not settled.
Did you know that you can recover damages even if you were found more than 50% at fault? You can event recover damages if you were 99% at fault, and still recover your 1% of your own damages.
Obtaining Legal Advice For a Car Accident in Missouri
A Missouri personal injury attorney can help you understand what you should do following a car accident. Your attorney at Sticklen & Dreyer will go through several steps upon taking your case. We will start by collecting the facts of your case through police records, drivers’ insurance information, interviews of witnesses, and by filing a car insurance claim.
In Missouri, the law is written to cover all considered damages. Medical expenses, lost current or future wages, damage to car or home, physical pain and mental suffering, and emotional distress are just a few of the damages that you could seek.
If you have been involved in an automobile accident, our personal injury lawyers in Joplin & Columbia MO are here to help walk you through each step of your case. Contact the best lawyers in Joplin & Columbia today.