How Is Fault Determined in a Car Accident in Missouri? 2024

By Zane T. Cagle | August 9, 2024 | Car Accidents

If you or a family member are involved in a car accident, you must know how the state’s fault rule works when it comes to resolving the incident. But how is fault determined in a car accident in Missouri? These accidents happen in many different ways and proving fault may be more challenging than you initially expected. It’s vital to consult a car accident attorney as soon as you can to get the legal advice you need in this situation.

How Does Fault Work for Car Accident Cases?

Missouri law requires all drivers to have auto insurance that meets the state’s minimum liability coverage requirements. When a driver causes an accident and injures someone else, their insurance company is liable for the injured driver’s injuries. However, it is necessary to establish fault before any compensation may be claimed. This will be easier in some cases than others, and it is possible for multiple drivers to share fault for an accident.

Your attorney can help you gather various types of evidence to prove fault for your recent accident. They can secure witness statements from those who saw your accident happen, obtain recordings from traffic cameras around the scene of the crash, review the police report from the accident, and assist you in proving the full extent of the losses you suffered from the accident.

Most of the vehicle accidents reported throughout the state each year are the result of driver negligence. Whenever a driver fails to operate their vehicle safely and responsibly, they can easily cause devastating injuries to others. Distracted driving, speeding, and moving violations are just a few examples of how drivers can inflict catastrophic losses through negligence. Your attorney can be an invaluable asset for gathering evidence to prove negligence in your case.

Resolving Your Car Accident Case

When any disputes regarding fault arise, solid evidence is crucial for proving the truth of the matter. It’s relatively common for at-fault drivers to deflect blame for their actions in whatever way they can, and if they claim that you contributed to causing the accident, you will need an attorney’s help in order to argue these allegations and preserve your chance to recover compensation for your injuries.

Dealing with auto insurance carriers is often challenging as these companies will fight  against claims for compensation in whatever way they can. Insurance company adjusters are trained to use claimants’ own words against them and look for ways to justify lowball settlement offers or claim denials. Having an attorney on your side will make fault much easier, and your attorney can hold the at-fault driver’s  insurance carrier accountable.

If you do share fault for your recent car accident, it will not entirely negate your ability to claim compensation for your damages. The state follows the pure comparative fault rule, so whatever fault percentage is assigned to you will be taken from your trial verdict award to reflect your shared liability. The Cagle Law Firm can help you understand fault in your car accident case and assist you in recovering as much compensation as possible for your injuries.

FAQs

Is Missouri a No-Fault State for Car Accidents?

No, it is not a no-fault state for car accidents. The fault rule applies to all vehicle accidents, so whoever is at fault for causing an accident is liable for the resulting injuries. An injured driver must be prepared to firmly prove fault before they can claim compensation. Your attorney can help you gather the evidence needed argue fault for your recent accident resulting in injuries.

What Is Comparative Fault in a Car Accident Case?

In a car accident case, comparative fault can arise when more than one party shares fault for causing the accident. Each liable party has a fault percentage assigned, indicating how much of the resulting damages they are responsible for repaying. Under the state’s pure comparative fault rule, it is possible for a plaintiff to share fault and still recover compensation. However, they will lose a percentage of compensation equal to their percentage of fault.

What Should I Do First After a Car Accident?

The first thing you should do after a car accident in Missouri is call 911 to report the accident if you are physically able to do so. This will ensure that first responders can get to the scene and provide aid as quickly as possible, and it will generate a police report. This report will include responding officers’ findings from the scene of the crash and will be an essential element of an auto insurance claim.

What Happens if I Was Not at Fault But I Do Not Have Auto Insurance?

If you were not at fault but do not have auto insurance, it may limit your ability to claim compensation for the accident. The state’s no pay, no play rule limits recovery for uninsured drivers. Even if the other driver is entirely responsible for causing the crash, you may only be able to recover compensation for your medical bills. This rule is meant to encourage all drivers to purchase appropriate insurance coverage.

Should I Hire a Lawyer After a Car Accident?

Yes, you should hire a lawyer after a car accident in Missouri because they will make every aspect of your recovery efforts easier to manage and more likely to yield positive results. Your attorney can help you gather evidence needed to prove fault, help you file your auto insurance claim, and help you maximize your recovery as efficiently as possible.

The Cagle Law Firm has successfully helped many injured car accident victims throughout the state with their recovery efforts, and we are ready to apply this experience to your car accident case. You have a short time to pursue recovery, and the sooner you connect with an experienced attorney, the better your chances of success will be. Contact us today and schedule a free consultation with our team to learn how we can help you recover.

About The Author

Zane T. Cagle

Zane T. Cagle is the founding president and lead trial attorney at The Cagle Law Firm. With a strong dedication to his clients, he has built a reputation for his tenacious representation in personal injury cases, ensuring each client's unique story is heard. Areas of Practice: Personal injury, motor vehicle accidents, wrongful death. Bar Admissions: Supreme Court of Missouri, Illinois & Kentucky. Superior Court of U.S. Virgin Islands Education: Washington University School of Law. Awards: Super Lawyers, Top 40 Under 40 by The National Trial Lawyers Association, 10 Best in Missouri for Customer Satisfaction.

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