Knowing how fault is determined after a car accident in Missouri can make a big difference in what St. Louis car accident victims can expect from insurance, police investigations, and any legal claims that follow. Figuring out who caused the accident is often the first and one of the most important steps if you are hurt and need to seek compensation.
Understanding this process helps you know what details and evidence to gather, so you can protect your rights at every stage.
Who Decides Fault After a Missouri Car Accident?
There isn’t exactly a formula of how fault is decided after an accident. There are various ways that this occurs.
Police Officers
At the scene, police will often issue tickets or citations to drivers who have broken traffic laws and will prepare a crash report based on what was seen or said at the scene. While a police report isn’t able to fully determine fault and hold someone legally liable in civil court, it does provide evidence that the insurance companies strongly consider.
Insurance Companies
Insurance adjusters also investigate. They review police reports, talk to everyone involved, get statements from witnesses, assess the vehicles’ damage, and look at medical records tied to the injury claim. Using all of this, insurers come up with their own decision about who was at fault.
Courts and Juries
If the case goes to trial because someone files a lawsuit, the final say belongs to the court, more specifically, to the judge or jury. They’ll weigh all the evidence, listen to expert and eyewitness testimony, and then officially determine fault. – add Lawyers Help – and explain that a lawyer helps push the insurance company in a certain direction
Victim’s Lawyer
A car accident lawyer in St. Louis representing you can be crucial through this process because they gather evidence, handle communication with adjusters, and build your case. They can push insurance companies to reconsider their initial determination, emphasizing facts that might be missed or wrongly interpreted.
Building a solid case from the very beginning and getting knowledgeable advice can make sure the right people consider your side of the story.
Pure Comparative Negligence
In Missouri, fault isn’t an all-or-nothing decision. Instead, the law uses a principle called pure comparative negligence. Under this rule, each party involved is assigned a percentage of fault. You can still recover damages even if you’re mostly to blame, but your payment is reduced by your share of the responsibility.
What Evidence Is Used to Determine Fault?
The above parties are the ones who determine fault, but it’s also important to understand what types of evidence are used in this process. Some of the most common pieces of evidence include:
- Police Crash Report: This report details officer observations, citations issued, and other important details from the scene. Insurance companies and courts both use it to weigh what happened.
- Photographs and Video Footage: Images taken right after the crash showing positions of cars, damage, injuries, and the scene help clarify how events unfolded.
- Dash cam or Traffic Camera Footage: Video footage can play a big role in determining fault. Whether it’s dash cam footage, traffic camera footage, or even ring door bell recordings, this can be incredibly helpful.
- Witness Statements: Accounts from people who saw the crash can fill in gaps or confirm key facts about speed, signals, or dangerous maneuvers.
- Event Data Recorder (“Black Box”) Data: Data from most modern vehicles reveals information like speed and brake usage, offering proof of a car’s movements at the time of the accident.
- Toxicology Results (in DUI Cases): If you suspect that the other driver was intoxicated and the police investigate this fact, their results can be used in your civil case as well.
- Accident Reconstruction Experts: Specialists can look at the outcome of the crash and where vehicles landed, as well as other information at the scene, to determine how the accident occurred. This helps show who was at fault.
Having as much evidence as possible puts you in a stronger position and supports your car accident claim in St. Louis. Let us help put your case together; contact Meyerkord & Kurth today to schedule a free consultation.