According to the Missouri State Highway Patrol, the Show-Me State saw over 131,000 car accidents in 2020, with nearly 48,000 injuries. Additionally, the Missouri Department of Transportation reported a 12% increase in Missouri traffic fatalities from 2019 – 2020. No matter how safe you drive, other negligent drivers can put you at risk of a serious car accident.
When you’re injured in a Missouri car crash, determining who’s at fault can be a complex process, and you likely have questions about how to prove the other driver was at fault. Here’s what you need to know to protect yourself legally and pursue fair compensation.
How to Determine Blame in a Missouri Car Accident
Establishing which party is responsible for your car crash is critical for obtaining fair compensation for your personal injury claim. Because you’re likely paying massive medical bills following the accident and may be out of work recovering, you need a fair settlement for damages, including your physical and emotional pain.
Determining who’s at fault requires that you prove the at-fault party breached their duty of care as a driver. This duty of care requires that a driver take reasonable care to “ensure any action taken or failed to take does not cause injury to another person on the road or cause damage to property.”
Potential Negligent Driving Behavior
- Driving under the influence of alcohol or narcotics
- Engaging in acts of road rage
- Failing to use a turn signal or ignoring other traffic laws
- Inadequate maintenance and repair of the vehicle
- Speeding
- Weaving in and out of lanes
- Reckless driving in poor weather conditions
Help Determine Fault: Gather Critical Evidence after a Missouri Car Accident
Making the right decisions in the moments after the accident can help you recover fair compensation following a serious crash. Even more important, however, is to retain an experienced St. Louis car accident lawyer who can thoroughly investigate the accident and help gather evidence about the crash.
Important Evidence to Help Prove Fault in an MO Car Crash
- Eyewitness testimony from anyone who directly saw the crash or any events leading up to the collision
- Photographs of the accident site, including the surrounding environment, skid marks, and weather conditions
- Photos of your physical injuries and damage to your vehicle
- Cellphone data to show if the other driver was on their cellphone at the time of the crash
- Maintenance records for vehicles in the accident
- Medical records
- Police report
- Surveillance video footage
- Toxicology reports from the other driver
This evidence is important because Missouri utilizes a legal doctrine known as “comparative fault,” which means you can still recover compensation even if you were partially at fault for the incident.
While that can be good news, it also gives insurers reason to shift blame for the accident toward you. You will need an attorney to help maximize your financial recovery.
Beck & Beck When You’re Injured in an Accident
After being injured in a car accident caused by someone else’s negligence, you need a skilled, dedicated personal injury attorney to help ensure you receive all the compensation you deserve. The lawyers at Beck & Beck are here to help you navigate the complicated legal system and get your life back on track.
Beck & Beck is the only Missouri law firm that focuses entirely on Missouri auto accident cases. We have extensive knowledge of personal injury law, and clients can feel assured that they’ll receive excellent legal representation. If you’ve been injured in a Missouri car accident, contact us online, or call our office directly at 314-200-1229.
