Have You Been Injured? We're Ready to Fight for You.

How Is Fault Determined After a Car Crash?

Published on Feb 23, 2018 at 1:47 pm in Car Accidents.

The Law Office of Mike Campbell has joined forces with Thomas Law Offices as of September 1st, 2020. Click here for details.

After a car crash, you start the claim process so you can get compensation for the accident. You’ll have to speak with the other party involved in the accident and your insurance company. One of the main factors with compensation is finding who was responsible for the accident. In some cases, the responsible party may own up to their mistake and admit fault outright. Others who were clearly in the wrong could insist that the accident wasn’t their fault. There may be a few circumstances where one person wasn’t completely at fault and the accident happened because of both parties’ actions.

The car accident fault laws vary from state to state. It’s important to know yours so you’re informed about how your car accident claim will work. If you’ve been in a car accident, Thomas Law Offices can help. A Missouri car accident lawyer will listen to your case and do everything possible to get you a favorable settlement.

Understanding Missouri’s Car Accident Laws

Missouri’s car accident laws aren’t the same as every other state. Mainly, you need to know these following points about the car accident laws in this state.

  • At-Fault State. Missouri is an at-fault state. A driver can use their own insurance or the other party’s insurance when they file a car accident claim for compensation.
  • Comparative Fault System. In Missouri’s comparative fault system, you can receive compensation as long as you weren’t singularly at fault for the accident. You’ll receive more money if you’re less at fault.
  • Uninsured Motorists. According to Missouri law, uninsured motorists “forfeit recovery of noneconomic loss under specified circumstances.”

Determining Fault for a Car Accident

Car accident claims can’t proceed until you know who is at fault. After a car wreck, there are certain steps you can take to help show that you weren’t responsible for the accident.

  • Don’t Admit Fault. When speaking to the other party, the police, or the insurance company, it’s important to not admit fault or apologize for the accident. While it may feel natural to say you’re sorry even if you’re not at fault, that statement can later be used against you as an admission of fault.
  • Evidence About the Accident. The evidence you get after the accident happens can help show that you weren’t at fault. Taking photographs of the damages to your car and the accident site will help back up your claim. You should get multiple angles to make sure you don’t miss anything. If you have injuries, you can keep a record of what injuries you have because of the accident and how they’re affecting your life. Eyewitnesses provide third party, unbiased accounts and can help back up your claim. If anyone witnessed the accident and is willing to make a statement, you should get their name and contact information.
  • Medical Records. Get copies of your visits to doctors, hospitals, or rehabilitation centers and their evaluations of your health. Also provide information if you’ve had to take medication to deal with your injuries.

Car accidents happen suddenly and can be confusing to many people. When you’re prepared to deal with the aftermath and have an idea of what to do, you have a better chance of getting compensation for your claim.

 

Free Case Evaluation

At Thomas Law Offices, our personal injury attorneys recognize that our potential clients are likely going through some of the most difficult times of their lives. We don't want you to have to worry about paying out of pocket for legal advice when you're just starting to learn your legal rights and options. That's why we provide free case evaluations. We'll offer our expert advice about your potential case and walk you through how we can help you.

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.

Meet Our Founder

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

Legal & Firm News

When Prior Authorization Leads to Harm Caused by Delayed Care

In March 2023, the American Medical Association (AMA) released the results of a survey conducted on the impact of health insurance prior authorization (PA) on patient care and outcomes. The survey results revealed shocking information about the extent to which health insurance companies control the type of medical care patients receive. At Thomas Law Offices, […]

Read More

How Do I Sue a Hospital for Medical Negligence?

Medical errors and other types of health care professional negligence have soared in recent years. Data recently published by the National Institutes for Health (NIH) shows that at least 251,000 patient deaths are estimated to be attributable to physician mistakes or other types of medical errors annually. Countless others fall ill or suffer injuries while […]

Read More

Ohio Car and Booster Seat Laws

According to the National Highway Traffic Safety Administration (NHTSA), traffic crashes are the leading cause of death and disability for children (aged 0-14) in the United States. But most of these deaths can be prevented. When we put our children in the car, we owe it to them to give them the safest experience possible. […]

Read More
Tad Thomas on The National Crime Victim Bar Association
National Civil Justice Institute - Trustee
Tad Thomas on Lawyer Minds
Tad Thomas on American Association for Justice
Southern Trial Lawyers Association
Illinois Trial Lawyers Association
Ohio Association for Justice
Kentucky Justice Association
Fellows of the Litigation Counsel of America
Martindale Hubbell Preeminent
2021 Public Justice Member
AAJ Masters of Trial Law: Champion