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If you have been in a car accident, you are probably now learning how many things need to be taken care of afterward. If it’s more than a minor incident and you’ve injured and are also dealing with some property damage, then the level of stress and frustration increases exponentially.

The laws can be quite tricky and difficult to understand, which is one of the primary reasons to always work with an experienced St. Louis car accident lawyer. However, knowing a thing or two about how things work in your state might help you stay sane while the compensation process unfolds.

Determining Liability in an At-Fault State

Liability laws differ from state to state. There’s only a handful of states that are no-fault, including Florida, Kentucky or Kansas. The majority of states are at-fault, which means that the consequences of an accident should be the responsibility of the person who caused the accident.

Missouri, for example, is an at-fault state, which is quite a traditional system of establishing who pays for losses caused by an accident. In a car accident claim, the evidence is brought to support the claim and demonstrate which driver or person involved in the accident should be held accountable.

While the minimum required insurance coverage is limited, the fact that each motorist must carry a liability coverage insurance policy is important in the case of an accident. The victim of a car accident can file a claim with their own insurance company, or with the insurance company of the other driver.

Filing a Claim Against the At-Fault Driver

The types of damage that you can file a lawsuit for are:

• Non-economic: pain and suffering, lowered quality of life
• Economic: property damage, medical expenses, lost wages, etc.

We strongly recommend speaking with an experienced St. Louis personal injury lawyer who has the experience and expertise to propose and sustain a settlement or claim that would cover all your expenses and would counter the insurance company’s attempts to pay less than what they should.

Get Coverage

Since the amount of money you will receive depends on the other driver’s insurance coverage, you might have the unpleasant surprise of exceeding his insurance limits if your injuries are severe. This is why we highly recommend that you purchase an uninsured motorist or underinsured motorist coverage beforehand.

Speak With a Car Accident Lawyer in St. Louis, MO

Insurance companies are businesses that rely on profit, so they will generally try to pay you as little as possible. In most cases, they will try to demonstrate that you were at fault too. In an at-fault state, depending on the comparative system they rely on, you might get less if you are found to influence the accident as well, or even lose everything if you have any involvement in the cause of the accident. An experienced attorney understands the tricks the insurance company will try to use and can help protect your right to full compensation.

A car accident, no matter how big or small, is a stressful and traumatic event. Not only that you have to think about medical procedures and bills and lost workdays, but the legal aspects can be quite a hassle too.

In many cases, car accidents are caused by a chain of events that often involve two or more drivers. So it’s not always easy to establish who is at fault and how will that affect the settlement.

Fault in a car accident will be treated differently in every state. While some states take into consideration both parties at fault, others won’t even give you a chance of settlement if you had any implication in causing the accident.

Because the facts aren’t always clear, going into this fight alone is not the best idea. You will benefit greatly from someone who understands the law, the type of evidence that could make a difference, and the tricks insurance companies use to pay a lower settlement. That’s why you should speak with a St. Louis auto accident attorney and build a strong case.

Pure Comparative Negligence

Missouri follows the pure comparative negligence doctrine. This means that the court will establish the level of guilt each party shares and will adjust the settlement according to that.

For example, a settlement of $100,000 will be reduced to:

$90,000 if you are found to be 10% at fault
$50,000 if you are found to be 50% at fault

Establishing the Proportion in Which You Are at Fault

Both your lawyer and the insurance company will gather information during the car accident’s discovery phase. This knowledge will be the base of the future settlement. The insurance adjuster will use everything they can find to make it seem like you play a role in the accident and minimize the amount they have to pay.

Evidence like medical reports, police reports, witness accounts, car technical reports, and other documents will be gathered, classified and evaluated by the court. The insurance company will issue an initial at-fault report, which you can appeal if you believe your percentage of fault is exaggerated.

Why Speak With an Attorney

Sharing the fault with the other driver will make your case more complicated, so hiring a St. Louis car accident lawyer is the best option you have.

The amount from which a proportional amount will be calculated is based on the damages you suffer. That will include medical expenses, lost wages, pain and suffering, property damage, and other losses. This calculation is complex and it cannot necessarily be predicted through an equation, so it’s very important to have a car accident lawyer by your side who can assess your case correctly and take the necessary actions to maximize your settlement.

Contributory negligence is a type of law that means that more than one party can be found partially liable for an accident.

Being negligent means that someone does something that directly leads to an accident. It can also imply that someone failed to do something that any reasonable person would have, and that failure to act led to the accident. If it was the fault of more than one driver, and both drivers contributed to the accident happening, then both parties could be liable for paying.

Is Contributory Negligence Exact?

In instances where both drivers might be at fault, the percentage is generally divided according to the amount of fault that someone contributes. For instance, if you pull out in front of someone in an intersection and are hit, then you would likely be at fault and deemed negligent. However, if the person who hit you was going way too fast for conditions, then they might be held partially responsible for the accident.

How Is Contributory Negligence Calculated?

When contributory negligence is used, both drivers are ascribed an amount of fault that they are liable for the accident. Based on those percentages, they are responsible for paying for their portion. In the example above, if the person who pulled out is ascribed 80% of the fault and the other driver 20%, then once the damages are calculated, the total cost is broken down according to the percentage that each is liable for.

Is It an Exact Calculation?

Since there is no way to precisely know exactly how much someone is at fault for an accident, or how much their part played in the accident, it is not an exact calculation and can often lead to insurance companies and lawyers negotiating the calculations and the percentages. There are times when there will be a lot of back and forth related to how much someone is responsible in comparison to someone else.

If you are in an accident in Missouri and believe that you aren’t solely to blame, or that the other driver bears more responsibility than they are being ascribed, then it is imperative that you speak with a St. Louis car accident lawyer as soon as possible. They will help to ensure that you are not left holding more financial responsibility than you should. If you are being held solely liable and you believe that the other driver is partially responsible, then it is important to have your lawyer protect you in the negotiation and settlement phase.