liability

Let’s discuss some crash scenarios in which the location of damage can be used to determine liability.

If another vehicle hits your car, and the other driver and their insurer deny responsibility for the crash, you may be able to use the location of the damage on each of the vehicles to prove fault. Let’s discuss some crash scenarios in which the location of damage can be used to determine liability. 

Scenario 1: Imagine driving along as someone pulls out of a parking lot or a driveway on your right and T-bones you. In this case, you should check the location of the damage. If the driver has hit your car on the passenger side, it may provide clear evidence that the other driver was not paying enough attention to the road and pulled out of the parking lot or driveway without looking.

There are other possibilities as well. Suppose the other driver pulled out right before you reached them and caused you to hit their car so that the damage is on your car’s front and the other car’s side; there is evidence against you. It is also possible that the other driver pulled out in front of your car so fast that you could not stop on time, and the collision occurred. In this case, the other driver may also contend that they were waiting for the traffic to clear, and you were not paying attention and crashed into their car. 

Scenario 2: Imagine you are driving down the road, and another driver makes a left turn in front of you. In this situation, most drivers will try to swerve to the right to avoid the vehicle cutting in front of them. If there is damage to your vehicle’s left front side or left front corner, it can mean that you tried to avoid the crash by swerving. If the other car has damage to the right front corner, it could mean that they were not paying attention and cut in front of you. However, if the damage to the other car is to the rear right corner, it could mean that you were the one who was not paying attention. 

Scenario 3: When someone runs a red light, the driver will most likely hit the other vehicle broadside because the other driver was crossing the intersection with a green light when the negligent driver ran the red light. In this case, the damage will generally occur to the front side of the negligent driver’s car and the rear of the other driver’s vehicle. 

If you have been in an accident, it is important that, if possible, you take photographs of the accident scene and the vehicle damage. This evidence will prove useful when determining fault and making a compensation claim. A St. Louis car accident lawyer can help protect your rights by helping you prove your accident resulted from another driver’s negligence and work to get you the compensation you are entitled to under Missouri law.

According to the Federal Railroad Administration, there were 143 cases of casualties related to railroad crossings in 2018 in Missouri.

When these cases happen, people are generally left with fairly severe injuries that require extensive medical treatment. These treatments are expensive, and you are left wondering if there is any way of getting compensation to cover them. But the question is, who do you file the claim against?

Determining Liability

The only way to know who is responsible for these types of accidents is to take a close look at the details of the case. Your St. Louis car accident attorney can take a look at your situation and see who may be held responsible for the incident, generally by determining what caused it in the first place.

Possible causes of the accident can be:

1. Lack of or Defective Crossing Signals

It’s possible you tried to cross the railroad because nothing informed you of an oncoming train, such as gates or lights. These details can generally point the finger toward the people who are responsible for ensuring these signals work properly, most commonly the railroad company.

If that is determined as the cause of the accident, then it’s possible to demand compensation from either the employees in charge of the signaling devices or the company itself.

2. Other Negligence

Particularly in rural or remote areas, it’s possible there is no need for a gate, as there is not much traffic. However, trains should sound the horn once they approach a crossing, and failure to do so may be the cause of the accident. The area in question may also not be properly maintained, and elements like overgrown trees can make it difficult for drivers to see the train until it is too late.

Sometimes, these accidents are avoidable and drivers manage to get out of harm’s way just in time. But if they don’t, victims have the right to hold the responsible party accountable.

What Happens Next?

Determining who is responsible for the accidents requires some investigation. While these cases are often analyzed by the police, you can also contact a St. Louis auto accident lawyer and have them gather evidence on your behalf to see who may be held accountable.

Essentially, you have to prove a party is guilty of negligence, which is why the accident happened in the first place. However, in Missouri more than one party can be found responsible. During the proceedings, it’s possible for the other party to also claim you have part of the blame, because, for instance, you did not act in time to avoid the accident.

That is why you should consider working with a St. Louis car accident lawyer, as they can help defend you if such accusations arise, and prove the blame is on the other party.