Seeing a vehicle racing toward you head-on because the driver entered a one-way street incorrectly can be one of the most frightening things to experience on the road. And with good reason, since these accidents can be life-altering.
But why do wrong-way car accidents in Missouri occur? There can be many reasons, including intoxicated or distracted drivers, as well as poor road visibility, and even roadside construction issues.
No matter what leads to these accidents, wrong-way collisions can lead to catastrophic injuries and even fatalities because they result in head-on crashes.
When two cars hit each other head-on, they’re both traveling toward each other. This means that the amount of force on impact is doubled. The faster the cars are going, the worse the consequences will be.
Another danger with head-on collisions is the amount of debris they cause. When the cars connect, the hoods and windshields can crumple and shatter, sending glass and metal everywhere. It puts drivers and front-seat passengers at great risk.
If you’ve been involved in car accident with another driver who was going the wrong way, our experienced Missouri wrong-way accident lawyers offer crucial information on what your options are. Learn more about wrong-way accidents and what the claims process is like.
How Often Do Wrong-Way Accidents Occur?
Nationally, between 2010 and 2018, there were 3,885 fatalities as a result of wrong-way accidents. Over half of the people who lost their lives in these crashes were the wrong-way drivers, and 41% of those who died were the occupants of other vehicles.
It’s important to note that these types of car accidents are relatively rare, making up only 3.7% of all fatal crashes. When they do occur, though, they tend to result in deaths.
For more information on wrong-way accident statistics in Missouri, reach out to our experienced wrong-way accident attorneys in Missouri today. We offer free consultations and are never too busy to speak with you.
What Are Some of the Factors Contributing to Wrong-Way Crashes in Missouri?
Wrong-way crashes in Missouri can happen for a number of reasons. Here are the ones our Missouri car accident lawyers have frequently seen.
Distracted Driving
People may be tempted to engage with distractions while they drive. They may be looking down at their phones, checking their GPS, changing radio stations, or even glancing back to speak with passengers and miss vital road information.
If there are on and off ramps near each other on highways and a driver is distracted, they can easily enter the wrong one. They may even shift into the lanes next to them if they’re glancing down.
Intoxicated Driving
A significant percentage of those involved in wrong-way car accidents in Missouri and throughout the United States have a blood alcohol concentration level above the legal limit. Impaired driving, whether because of alcohol or drugs, makes a person more distracted and less able to respond appropriately to hazards.
Reflexes and coordination suffer, too. An intoxicated driver may not be able to coordinate enough to avoid entering the wrong lane, or they may even fall asleep at the wheel, swerving into oncoming traffic.
Aggressive Driving
Drivers who rapidly switch lanes or pass other vehicles in an unsafe manner can all cause wrong-way accidents. These aggressive driving behaviors put everyone on the road at risk. They can result in catastrophic collisions because they usually involve high speeds.
Fatigued Driving
Being tired behind the wheel is similar to being intoxicated while driving. Reflexes slow down, and coordination falters, so drivers may enter one-way streets the wrong way without realizing it. Just as with intoxicated driving, fatigued drivers can fall asleep and swerve into the next lane.
Missing Road Signs
Sometimes, it’s not the other driver who’s to blame. If there are confusing or missing road signs, someone who doesn’t know the area may enter a one-way street incorrectly. This problem can also occur if there’s low visibility because of missing lights or weather conditions.
To learn more about the common causes of these car crashes, reach out to our experienced Missouri wrong-way car accident lawyers today. We offer free case evaluations and can help you understand your legal options after an accident or injury.
Why Do Many of These Accidents Occur in Missouri Construction Zones?
One prevalent cause of wrong-way car accidents in Missouri that needs to be considered is the poor configuration of construction zones. When construction occurs on roads, the street configuration has to be altered to let workers do their jobs while also allowing traffic to pass.
For these changes to be safe for everyone involved, they need to be carefully marked and visible to drivers from a good distance away. That’s not what always happens, however.
Construction companies are sometimes negligent in how they structure these configurations, making them too confusing or not adding enough indications that there’s construction happening on the road.
If work is taking place on highways and other busy roads, construction companies have to consider directing traffic to avoid serious issues. Not taking the proper precautions can result in wrong-way car accidents that can even impact the workers.
Another issue that might arise is that of construction workers leaving equipment or debris on the road. Drivers will need to swerve around the obstacle, potentially putting them in danger of head-on collisions.
How Is Liability Determined in a Wrong-Way Car Accident?
Missouri follows pure comparative negligence laws. These mean that you can still recover losses in a collision even if you were 99% at fault. You will be assigned a percentage of fault based on the accident’s facts, and that percentage will impact how much compensation you receive.
For example, if you are awarded $100,000 in damages but are considered to hold 50% of the fault, you’ll only recover $50,000. Because of how it can impact your compensation, holding the right people responsible and defending your part in the accident is vital.
Determining liability is sometimes straightforward. If the other person was driving while intoxicated and swerved into oncoming traffic, it’s likely that they’ll be responsible for the majority of the fault.
Other accidents, however, aren’t nearly as cut-and-dried. Let’s say that someone tries to pass a vehicle and enters your lane. If you were looking down at your phone and didn’t see the car in time to slow down and avoid a crash, you may hold some fault, too.
Typically, if there are lots of vehicles involved in a collision, liability is more complicated. Imagine that you’re about to make a turn onto a busy road, and the car behind you rear-ends you, pushing you into oncoming traffic. Who’s to blame there? In most cases, the person who rear-ended you is responsible for the wrong-way car accident that your vehicle caused.
Because of the complexities involved in determining liability, police officers, lawyers, and insurance companies rely on a variety of evidence.
Pictures and Videos
All of our experienced Missouri wrong-way accident attorneys will tell you that one of the most important things you can do at the scene of an accident is to take pictures and videos of everything. Capture the damage done to the vehicles involved and make sure to get evidence of any road signs that demonstrate the other driver was going the wrong way.
Take note, too, of any surveillance or traffic cameras that might offer a clear look at the accident. Don’t forget to also photograph any injuries you have because they can offer evidence that illustrates how the collision happened.
Witness Accounts
If there were eyewitnesses, you want to get their contact information to be able to rely on their testimony when you file a claim. Do this even if there were passengers in the vehicle. Insurers will pay closer attention to accounts from impartial witnesses than those who know you.
Police Report
The police will investigate and write a report on what they think happened. You will need a copy of it to file a claim. This is an important piece of evidence, but it’s not the only important one. Even if the report says that you were partly to blame, the photos or witness accounts may say otherwise, so your lawyer will consider everything as a whole.
Phone Records
If there’s a suspicion that the other person was texting or otherwise distracted with their phone while driving, it’s possible to obtain phone records to prove that.
Toxicology Reports
The police can order tests on the other driver if they’re acting intoxicated or if there’s cause to believe they’re under the influence of drugs or alcohol. If they’re over the limit, you can use that in your claim, too.
What if the Accident Resulted in a Fatality?
Wrong-way car accidents in Missouri that result in fatalities can leave you struggling to understand what your options are. Can you still file a claim? Yes. You can file a wrongful death lawsuit.
A wrongful death lawsuit is one in which someone dies as a result of wrongful or negligent conduct that would have allowed them to receive compensation if they had survived the accident. R.S.Mo. § 537.080 states that spouses, children, parents, or other descendants of the deceased’s children may file this claim.
While dealing with grief, clients often hesitate to file a wrongful death claim. After all, the other person is likely facing criminal charges, so why is this claim important? Wrongful death claims are civil actions, which means they have a lower burden of proof. In other words, they’re easier to win.
You don’t have to choose between these two actions, either. You can pursue a criminal and civil suit at the same time.
What Steps Can I Take After a Wrong-Way Accident to Protect My Claim?
Wrong-way car accidents in Missouri can leave you battling serious injuries while also putting serious financial strain on you. To protect your claim, there are some important steps you need to take.
Obtain a Copy of the Police Report
Ensure that law enforcement gets to the scene of the accident so that there’s a report. Without a police report, you won’t be able to begin your claim. Right after the accident, contact emergency services.
The police report will offer all of the information you need about the accident, and it will also offer an idea of what the officer thinks happened. Your lawyer and the insurance companies will need it as evidence.
Complete Medical Treatments
No matter what injuries you suffered, you need to get medical care and follow all of the treatment recommendations your doctor gives you. If you don’t complete your treatment, the insurance companies will use that against you and might even claim that you didn’t suffer real injuries.
As you get treatment, keep a file with all of the pertinent information and proof that you attended appointments and rehabilitative sessions and received all other care. Aside from ensuring you’re healthy, all of the treatments will also help to demonstrate how long it takes you to recover from the injuries. That’s a factor in deciding compensation.
Call Your Insurance Company
Let insurers know that you were in a collision and suffered injuries. You don’t have to go into great detail, and it’s better if you keep the conversation short to avoid saying anything that might place the blame on you.
When speaking with insurers, always remember that they’re not on your side. Their goal is to avoid paying you or to pay you as little as possible, so you want to have our lawyers helping you when dealing with them.
Record All Expenses
Most people only worry about the expenses of getting medical care and car repairs, but there are a lot of costs after a car accident that can quickly add up. Needing to go to the hospital for rehabilitative sessions, for example, can mean paying for additional gas or even needing to hire someone to take you if your injuries don’t let you drive.
You also want to note every opportunity you may have missed at work. If you didn’t get a commission or if you missed out on freelance work because you were recovering, you can claim all of it as losses.
Never Accept a Settlement Without a Lawyer
The process of filing a claim can be stressful, and you may want to resolve it as quickly as possible, but it’s never a good idea to accept a settlement without getting a lawyer involved. Unless you have experience negotiating with insurance companies, you need someone who will fight for you so that you can get what you really deserve.
No matter how great the offer may seem, a skilled Missouri wrong-way car accident lawyer will likely be able to get you a better one.
Knowledgeable Missouri Auto Accident Attorneys
Wrong-way car accidents in Missouri can be devastating. You shouldn’t have to face the aftermath of these collisions on your own when there’s help available. At Beck & Beck Missouri Car Accident Lawyers, our team has years of experience fighting for the rights of our clients. We’ll work tirelessly to get you the best possible outcome.
Call our car accident lawyers to schedule a free consultation.
Some of the locations in Missouri which we serve include St. Louis, Florissant, Kansas City, Springfield, Columbus, and more.
