Police Reports and Lawsuits After Car Collision in St. Louis
a police report is not necessarily required to file a car accident lawsuit in Missouri. While there are situations where a report is mandatory by law, you can still pursue legal action without one. Here's a breakdown of the legalities:
When a Police Report is Required by Law in Missouri
Missouri law mandates filing a report with the Driver License Bureau if certain criteria are met:
- Injuries: If the accident resulted in any injuries to drivers, passengers, cyclists, or pedestrians involved, you must report the accident within 30 days.
- Death: In the tragic event of a fatality arising from the accident, a report needs to be filed immediately.
- Uninsured Drivers: If an uninsured driver was involved in the accident and there were injuries or property damage exceeding $500, a report must be filed within 30 days.
- Property Damage: If the accident resulted in property damage exceeding $500 to parked vehicles with no owner present, a report needs to be filed with the nearest police department without delay.
Importance of a Police Report (Even When Not Required)
While not mandatory in all cases, a police report can be a valuable piece of evidence in a car accident lawsuit. Here's why:
- Official Record: The police report serves as an official record of the accident, documenting details like the date, time, location, weather conditions, parties involved, and their statements about how the accident occurred.
- Witness Information: The police report might include statements from witnesses who can provide valuable accounts of the accident.
- Accident Diagram: Police reports often include a diagram depicting the accident scene, which can visually represent the positions of vehicles and the direction of travel.
Filing a Lawsuit Without a Police Report
Even without a police report, you can still pursue a car accident lawsuit in Missouri. Here's what you can do to strengthen your case:
- Gather Evidence: Collect as much evidence as possible, including photographs of the accident scene, vehicle damage, and any visible injuries.
- Witness Statements: Obtain written statements or contact information from any witnesses who observed the accident.
- Medical Records: Maintain copies of all medical records documenting your injuries and treatment related to the accident.
- Dashcam Footage: If your car or another involved vehicle had a dashcam, see if it captured footage of the accident.
Consulting a Personal Injury Lawyer
An experienced personal injury lawyer can be invaluable in navigating the legal process after a car accident, especially if you don't have a police report. They can:
- Investigate the Accident: Your lawyer will conduct an independent investigation to gather evidence and determine fault.
- Negotiate with Insurance Companies: They can handle communication and negotiations with insurance companies to obtain fair compensation for your injuries and damages.
- Represent You in Court: If necessary, your lawyer will represent you in court if a settlement can't be reached outside of court.
Remember, even though a police report isn't mandatory in every situation, it's still a good idea to call the police after a car accident, especially if there are injuries. They can create an official record of the event and potentially gather valuable witness information. If you're considering a lawsuit, consulting with a personal injury lawyer is crucial to understand your options and explore the best course of action.