Determining Fault in St. Louis Motor Vehicle Accident

In Missouri, a "fault-based" system applies to car accidents, meaning the driver deemed more responsible for the collision is financially liable for the damages of others involved. Here's a breakdown of how to prove the other driver was at fault in a Missouri collision:

Gathering Evidence

Building a strong case to prove the other driver's fault hinges on gathering compelling evidence. Here are some key elements:

  • Police Report: The police report filed at the accident scene is a crucial document. It details the officer's observations of the accident scene, vehicle damage, witness statements (if any), and the officer's preliminary assessment of fault.
  • Accident Scene Photos: If you're able to do so safely, take pictures of the accident scene from various angles. Capture the damage to your vehicle, the surrounding area, any skid marks, traffic signs or signals, and the position of the vehicles involved.
  • Witness Statements: If there were any witnesses to the accident, obtain their written statements or contact information. Witness testimonies can be valuable in corroborating your account of events.
  • Medical Records: Maintain copies of all medical bills, doctor's reports, and prescriptions related to your injuries. This documentation establishes a clear link between your injuries and the accident.
  • Vehicle Repair Estimates: Collect repair estimates or invoices for any damage to your vehicle.

Establishing Fault

Missouri follows a "pure comparative negligence" system. This means that the percentage of fault assigned to each driver involved in the accident directly affects their compensation. For example, if you're found 20% at fault and your total damages are $100,000, you would receive $80,000 (80% of $100,000).

To prove the other driver was at fault, you'll need to demonstrate they breached their duty of care while driving, and this breach directly caused the accident. Here are some common examples of driver negligence that can establish fault:

  • Speeding: Driving above the posted speed limit is a violation of traffic laws and can significantly contribute to accidents.
  • Distracted Driving: Using cell phones, eating, or adjusting in-cabin controls while driving can divert a driver's attention and lead to collisions.
  • Reckless Driving: This includes behaviors like weaving through traffic, running red lights, or making unsafe lane changes.
  • Driving Under the Influence (DUI): Operating a vehicle while intoxicated is a serious offense and a clear case of driver negligence.
  • Failing to Yield Right of Way: Not yielding the right of way at intersections or stop signs can cause accidents.

Additional Tips:

  • Don't Admit Fault: Avoid making statements that could be interpreted as admitting fault at the accident scene or while communicating with the insurance company.
  • Consult a Lawyer: For complex accidents with severe injuries or significant property damage, consider seeking legal advice from a car accident lawyer in St. Louis. They can navigate the legal process, ensure your rights are protected, and help build a strong case to prove the other driver's fault.

Remember:

The burden of proof lies with you to demonstrate the other driver's fault. The evidence you gather and how effectively you present it will be crucial in determining the outcome of your case.

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