An unexpected and avoidable car accident in Independence, Missouri, can irrevocably change the course of your life in an instant. Car accident injury victims are suddenly left contending with potentially catastrophic injuries, extremely expensive hospital bills, and overwhelmed by countless questions about what to do next.
This is where the help of our experienced Independence car accident lawyers is critical. The knowledgeable attorneys at Beck & Beck Missouri Car Accident Lawyers specialize in auto accident claims and can help you recover.
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Need assistance with your car accident injury claim in Independence, Missouri? Our experienced legal team at Beck & Beck Missouri Car Accident Lawyers has 35+ years assisting car crash victims. Call (816) 382-6915 for a free consult!
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In Missouri, thousands of car accidents occur every year, resulting in devastating injuries and tragic losses. Imagine driving home from work at Small Engine Suppliers when a hit-and-run driver on Rte. 291 crashes into your vehicle, leaving you injured and with significant vehicle damage.
Or consider picking up supplies at Weidenhammer New Packaging and being hit head-on by a drunk driver traveling the wrong way on Little Blue Parkway.
Attorneys Paul Beck and John Beck have been assisting victims of car accident injuries since 1990 and can provide the guidance and support you need. To speak with our experienced car accident attorneys in Independence, Missouri, contact us today.
Common Causes of Car Accidents
The most common reasons car crash injuries occur involve the following factors:
- Exceeding the Speed Limit
- Driving While Distracted
- Alcohol Impairment
- Failure to Yield
- Tailgating and Following Other Cars Too Closely
- Improper Usage of Lanes
- Unsafe Weather and Road Conditions
- Drowsy Driving and Driver Fatigue
- Crashes With Deer
Pursuing Compensation For Car Accident Injuries
Missouri operates as an “at-fault” state regarding car wrecks. What this means is that the driver determined to be responsible for causing the crash is also financially liable for any resulting damages. Under this system, auto accident injury victims can pursue monetary compensation through one of three main avenues:
- Filing a claim with their own insurance company, which may then seek reimbursement from the at-fault driver’s insurer.
- Filing a claim directly with the at-fault driver’s insurance company.
- Filing a personal injury lawsuit against the at-fault driver if their insurance coverage is insufficient to cover the damages.
Missouri law requires drivers to carry a minimum level of liability insurance to ensure they can cover the costs of an accident they cause. But not all drivers are insured, and when they are, their insurance limits are often insufficient for severe accidents.
So for this reason, reaching out to our experienced Independence car accident lawyers and pursuing legal action as soon as possible is critical.
Proving Liability in a Car Accident Claim
To prove liability and establish fault after a car accident, you must demonstrate that the at-fault driver acted negligently or recklessly. This process typically involves gathering evidence and applying the four elements of negligence.
The Four Elements of Negligence
- Duty of Care: Every driver is legally obligated to operate their vehicle safely and follow traffic laws to protect others on the road.
- Breach of Duty: Prove the at-fault driver violated their duty by acting carelessly. Examples include speeding, distracted driving, or running a red light.
- Causation: Demonstrate that the at-fault driver’s breach of duty directly caused the accident and your injuries.
- Damages: Provide evidence of your damages, such as medical bills, lost wages, or property damage.
Types of Evidence to Prove Liability
- Police Reports often include crucial details about the accident and statements from involved parties.
- Witness Testimonies: Statements from eyewitnesses can confirm what happened and who was at fault.
- Photographs and Videos: Pictures of vehicle damage, road conditions, and skid marks can support your case.
- Expert Analysis: Accident reconstruction specialists may provide insight into how the crash occurred.
Missouri’s Comparative Negligence Rule
As outlined in RSMo Section 537.765Â and RSMo Section 537.067, Missouri follows a pure comparative negligence rule. What this means is that even if you are partially at fault for a car accident, you can still recover compensation for your damages. However, your compensation will be reduced by the percentage of your fault.
For example, if you are awarded $475,000 in damages but found to be 30% at fault for the accident, you would receive $332,500 instead. This rule ensures victims can pursue compensation even in complex situations where responsibility is shared.
As illustrated in the example above, the comparative negligence rule can significantly impact the amount of compensation you receive. This is one of the primary reasons insurance companies often try to assign more fault to victims to reduce payouts.
This is why working with our experienced Independence car accident lawyers is crucial. Our knowledgeable legal team can help counter unfair fault assessments and ensure you receive full financial compensation for your injuries.
Do I Have To Call The Police After a Car Accident in Independence, Missouri?
In Missouri, whether you need to contact the police after a car accident depends on the circumstances. While minor fender benders may not always require police involvement, there are specific situations where you are legally obligated to report the accident.
When Are You Required to Contact the Police?
According to the Missouri Department of Revenue, you must report a car accident if:
- Damages exceed $500. A police report is mandatory if either vehicle sustains damage valued at $500 or more.
- There are injuries or fatalities. Any crash involving injuries or loss of life must be reported to law enforcement.
- The accident involves a parked or unattended vehicle. If the owner of the damaged vehicle is not present, you must report the incident.
- Your insurance company requires it. Some insurers require you to notify law enforcement as part of their claims process.
Why Should You File a Police Report?
Even if you’re not legally required to call the police, it’s often in your best interest. A police report creates an official record of the accident, which can be crucial if disputes arise or you must file a car accident claim later.
Failing to report a qualifying accident can result in legal penalties, including fines or license suspension. Additionally, not filing a report could complicate the claims process, especially if the other party denies liability.
If you’re unsure, it’s better to err on the side of caution and contact the police after an accident. They can assess the situation and provide guidance.
What is Missouri’s “No Pay, No Play” Statute?
Missouri’s “No Pay, No Play” statute encourages drivers to maintain proper auto insurance coverage. Enacted in 2013, this law limits the ability of uninsured drivers to recover compensation after a car accident, even if they were not at fault.
How the “No Pay, No Play” Law Works
Under Missouri Revised Statute 303.390, uninsured drivers involved in a car accident cannot recover certain types of damages, such as:
- Non-economic damages. These include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive damages. In some cases, punitive damages may also be barred.
This means that even if an uninsured driver is injured in an accident caused by another party, their recovery is limited to economic damages, such as medical bills and lost wages.
Exceptions to the Rule
A few exceptions exist to the “No Pay, No Play” statute. For example, it does not apply if the at-fault driver was under the influence of drugs or alcohol at the time of the accident or if they committed certain intentional acts.
What if The Car Accident Occurred in Missouri, But I’m From Another State?
If you are involved in a car accident in Missouri but reside in another state, the location of the accident determines the applicable laws. Missouri’s traffic and liability laws will govern how the claim is handled, regardless of where you live.
How Missouri Laws Apply
Missouri is an “at-fault” state, meaning the driver who caused the accident is responsible for covering the damages. You may find the process slightly different if you’re from a no-fault state because Missouri requires the at-fault driver’s insurance to compensate the injured party.
You’ll also need to adhere to Missouri’s reporting requirements. As we mentioned, accidents involving injuries, deaths, or property damage exceeding $500 must be reported to the police.
Seeking Compensation
You’ll negotiate with the at-fault driver’s insurance company under Missouri’s liability rules when filing a claim. It’s important to understand Missouri’s comparative negligence laws, which could reduce your compensation if you’re found partially at fault.
How Much Money Can I Get For My Car Accident Claim in Independence, Missouri?
The compensation for a car accident in Independence, Missouri, depends on various factors. Every case is unique, so the settlement or court award will reflect the specific details of your accident.
Key Factors That Affect Compensation
Several elements influence how much money you may receive:
- Property Damage: The extent of the damage to your car and other belongings in the vehicle.
- Medical Costs: The severity of your injuries and medical treatment, rehabilitation, or ongoing care expenses.
- Lost Wages: Time missed from work due to injuries, including any future earnings affected by long-term injuries.
- Fault Determination: Missouri’s comparative negligence rule may reduce your compensation if you share any fault for the accident.
- Insurance Coverage: The type and limits of your and the at-fault driver’s insurance policies.
Average Settlements
Settlements in Missouri typically range from $3,000 to $22,000 for minor accidents without injuries. If injuries are involved, compensation can range from $15,000 to over $1 million, depending on the severity of the injuries, medical bills, and other damages.
Additional Considerations
Cases involving negligence, such as driving under the influence or reckless behavior, may lead to higher compensation. Missouri law also allows recovery for pain and suffering, vehicle repairs or replacement, and loss of income. Consult a qualified attorney to evaluate your claim’s potential value.
Independence, Missouri
Independence, Missouri, is actively working to improve its roadways through various infrastructure projects to enhance safety and traffic flow. For instance, the 24 Highway and Blue Mills Intersection Improvement Project reduces congestion and makes intersections safer. These upgrades, along with ongoing street resurfacing and bridge maintenance, are vital in minimizing accident risks and ensuring smoother commutes.
If you’re recovering from a car accident, these trusted local auto repair shops in Independence, Missouri, can help:
- Family Wrench Auto Repair: Known for its dependable repairs and excellent customer service.
- Buddy’s Automotive: Offers various services, including collision repair, diagnostics, and maintenance.
- Lee’s Auto Repair: Provides affordable, high-quality repairs to restore your vehicle after an accident.
These resources ensure that drivers in Independence can access reliable support when they need it most.
Knowledgeable Car Accident Law Firm in Independence, Missouri
At Beck & Beck Missouri Car Accident Lawyers, we understand your challenges after a car accident. Our experienced team is dedicated to helping you secure the compensation you deserve for medical bills, lost wages, and emotional distress.
We take the time to understand your case, ensuring you have the support and guidance needed to navigate Missouri’s legal system.
With a strong commitment to protecting your rights, Beck & Beck tirelessly fights to hold negligent parties accountable. Contact us today for compassionate, expert representation if you’ve been injured in a car accident. Let us help you move forward with confidence.
Our law firm has helped victims of auto accidents throughout the state of Missouri including Kansas City, St. Louis, Florissant, O’Fallon, Pine Lawn, Cape Girardeau, Doniphan, Jefferson City, Columbia, Kirksville, Springfield, and more.
