When a car accident happens in the blink of an eye, it can be difficult to determine exactly what happened and who’s at fault. When you’re left confused and hurt, you should not have to pay for another person’s mistakes. The person who caused the crash should pay for your hospital visits and your totaled car.
But the other driver’s insurance company will not just hand you a check. You have to prove that their driver caused the wreck.
This guide will explain how to determine liability in a Missouri car accident. We will show you what steps to take to protect yourself and how to get the money you need to move forward.
Key Takeaways on How to Prove Liability in Missouri Car Accidents
- Liability in a car accident means legal responsibility, and drivers who break traffic laws or fail to use reasonable care can be held responsible for damages and injuries.
- Common causes of fault in crashes include impaired driving, texting or distracted driving, speeding, running traffic signals, reckless driving, road rage, and poor vehicle maintenance.
- Missouri follows a pure comparative fault rule, meaning multiple drivers can share blame, and a person can still recover compensation even if they are partly at fault.
- Evidence is critical to determining fault, including police reports, photos and videos of the scene, witness statements, medical records, and available camera or vehicle data.
- Missouri law requires drivers to carry minimum liability insurance, and uninsured motorist coverage can help pay for injuries if the at-fault driver has no insurance or leaves the scene of the crash.
What Does “Liability” Mean?
In law, “liability” means “responsibility.” If a driver is liable for a crash, it means they are at fault. It means they are responsible for the damage, medical bills, and other losses.
Every driver on the road has a “duty of care.” This is a legal rule that requires every driver to be careful. They must pay attention, follow the speed limit, and do their best to keep everyone else safe. If a driver breaks a safety rule and causes a crash, they have broken their duty of care.
When you want to figure out who is at fault in a car accident in Missouri, you have to look at who broke these rules.
Common Reasons Other Drivers Are at Fault
According to the official 2022 traffic crash statistics from the Missouri State Highway Patrol, there were over 138,000 car crashes in the state in just one year. Those crashes caused nearly 49,000 injuries and 1,057 deaths.
There are many ways a driver can be careless. Sometimes the mistake is obvious, and sometimes it is harder to see. Here are some of the most common reasons why other drivers cause serious accidents that lead to hospital visits:
- Driving Drunk or High: Alcohol and drugs make it impossible to drive safely. They slow down the brain and make drivers make terrible choices.
- Texting and Driving: Taking your eyes off the road for just two seconds to look at a phone is enough time to cause a massive crash.
- Speeding: Driving too fast makes it hard to stop in time. Speeding crashes often cause the most severe injuries, like broken bones and brain injuries.
- Running Red Lights and Stop Signs: When people ignore the signs, they crash into cars that have the right of way.
- Reckless Driving: Weaving in and out of traffic, tailgating, or driving wildly in heavy rain or snow.
- Road Rage: When drivers get angry, they use their heavy cars to bully other people. This is incredibly dangerous.
- Bad Car Maintenance: If someone knows their brakes are broken or their tires are completely bald, and they drive anyway, they can be blamed for a crash.
Sometimes, fault is not what it seems. For example, if you hit a car from behind, people usually assume it is your fault. However, you should learn about the exceptions. Read more about rear-end crashes and who is really to blame.
Also, even if your car is the only one that crashed, it does not mean you are automatically to blame. Another car might have run you off the road, or a neglected pothole could have caused you to lose control. Read more about understanding liability after a single-car crash.
Understanding Missouri’s Shared Fault Rule
Missouri’s pure comparative fault law (Missouri Revised Statute 537.765) means that more than one person can share the blame for a car crash. The blame is split up into percentages.
For example, imagine you are hit by a driver who ran a red light. But maybe you were driving a little bit over the speed limit when it happened. A judge or a jury might say the other driver is 80% to blame because they ran the red light. They might say you are 20% to blame because you were speeding.
The good news is that under Missouri law, you can still get money even if you share some of the blame. If you are offered a settlement of $100,000, and you are 20% at fault, your payout is just reduced by 20%. You can still get $80,000 to help you pay your bills.
Because of this rule, insurance companies will fight very hard to blame you. They want to say you are at fault so they can save money. You need strong proof to show exactly what really happened.
How to Gather Proof After a Crash
When you are determining liability in a car accident in Missouri, evidence is what really matters. Evidence is the proof that shows the insurance company or the judge exactly who caused the wreck.
It’s important to gather as much evidence as possible. Here’s what you’ll want to do after a car accident to help determine fault:
- Call for a Police Report: You should always call 911 so that a police officer can come to the scene. The officer will examine the vehicles, speak with the drivers, and create an official report, which is a very important piece of proof.
- Take Pictures and Videos: Use your phone to take pictures and videos of everything, including the final positions of the cars, the damage to both vehicles, the street, traffic signals, and weather conditions. You should also document any cuts, bruises, or other injuries you sustained.
- Gather Witness Information: If anyone saw the crash, ask for their name and phone number. A statement from an impartial witness confirming that the other driver was at fault can serve as very strong proof.
- Obtain Your Medical Records: To get the insurance company to cover your hospital bills, you must prove you were injured in the crash. Seeking immediate medical attention creates a record that proves when you were hurt and the severity of your injuries.
- Find Camera Footage and Black Box Data: Security cameras on nearby streetlights or stores may have recorded the accident. Additionally, modern cars have data recorders that track speed and braking, and a good lawyer can help you obtain this hidden proof.
How Do You Prove a Hit and Run in Missouri?
Sometimes, the driver who hits you does not stop. They speed away from the scene, leaving you injured and scared. This is called a hit-and-run accident. Under Missouri Revised Statute 577.060, leaving the scene of an accident where someone is hurt is a serious crime. It can even be a felony.
First, write down anything you remember about the car. What color was it? Was it a truck or a car? Did you see any numbers on the license plate? Tell the police everything you know.
Next, look for witnesses and nearby cameras. A lawyer can often hire investigators to track down the driver who ran away.
Even if the driver is never found, you still have options. Your own insurance policy might have coverage that pays for your hospital bills when a “phantom driver” hits you. If you were the victim of a driver who drove away, read more about what to do after a hit-and-run accident.
How Car Insurance Works in Missouri
At the end of the day, paying for a serious car accident is usually up to the insurance companies. Missouri has strict laws about car insurance. By law, every driver must buy a basic amount of insurance.
According to Missouri Revised Statute 303.030, the minimum liability coverage a driver must have is $25,000 for a person’s injuries and $50,000 for all injuries in a single crash.
If the person who hits you has insurance, their insurance company is supposed to pay your medical bills. However, $25,000 is often not enough to cover the cost of an ambulance ride, surgery, and days in the hospital. Read our simple guide to understanding Missouri car insurance requirements, so you know how this works.
What happens if the driver who hit you broke the law and has no insurance at all? Missouri law requires you to carry “Uninsured Motorist” coverage on your own policy. This means your own insurance company steps up to pay your hospital bills when the at-fault driver has no money.
DM Injury Law Can Help Rebuild Your Life
If you suffered serious injuries that required medical treatment or a hospital visit, DM Injury Law is ready to stand by your side. We know that insurance companies will try to pay you as little as possible, but our team of experienced attorneys is equipped to fight for what you truly need. We will handle the phone calls, gather the heavy proof, and force the insurance companies to take your pain seriously.
We have a strong history of standing up for injury victims and getting results that change lives. Our car accident lawyers have secured over $1 billion for our clients.
- $11 Million: Our client’s son was killed in a work zone.
- $8.8 Million:Â Our client suffered a TBI after an accident.
- $4.6 Million:Â Our client sustained a TBI and broke multiple bones after an accident.
DM Injury Law has offices all over Missouri. Contact our Missouri rear-end car accident lawyers for help today:
While you focus on healing, we’ll focus on your case and future. Contact us online today or call us at 816-888-7500 to schedule your free consultation.
Remember, Mike’s Got This!