[Video Summary] Determining Fault After a Car Wreck in Missouri
1) Introduction to Peterson and Associates, a personal injury firm in Kansas City, presented by Ross Paczkowski, one of the firm's attorneys.
2) Explanation of Missouri's comparative fault laws, where compensation is determined based on the percentage of fault assigned to each party involved in an accident.
3) Importance of having an experienced personal injury attorney to navigate complex legal processes and maximize compensation, even in cases of shared fault.
4) Real-world example illustrating the firm's approach to investigating accidents and obtaining evidence to clear clients from wrongful blame.
5) Encouragement for individuals in the Kansas City area to seek legal assistance from Peterson and Associates for a free consultation and representation in personal injury cases.
Two sets of standards are used to assess liability in an automobile collision: no-fault and at-fault.
Several states follow no-fault standards, the easier of the two. Under no-fault rules or regulations, insurance companies reimburse accident victims regardless of who caused the collision. This sort of compensation system often depends on a number of variables, such as where you reside (or were wounded), whether or not someone was hurt, who owns the policy, and any other situations that may influence your eligibility for reimbursement.
At-fault is the more difficult of the two and is used in a number of states. Under the various at-fault laws across the United States, insurance companies only reimburse accident victims for their injuries if the other party is at fault. Unfortunately, you must establish this in court to collect monetary compensation for injuries and losses.
Thankfully, during the life of your claim or case, our law office in Kansas City will offer you the necessary legal experience and acumen you need to secure justice. Contact us immediately to get a free initial case review from a Kansas City vehicle accident attorney who is devoted to fighting for you and yours.
Which States Are No-Fault or at-Fault?
Eighteen states in the United States adhere to the no-fault rule. If you are involved in an automobile accident in one of these states, you are required to have personal injury protection insurance. In other words, you can only sue the at-fault driver in restricted circumstances.
In no-fault jurisdictions, your own insurance carrier handles all your claims. But if your property damage or bodily injury exceeds a specific monetary threshold in certain states, you may sue the at-fault motorist for the excess amount.
Missouri is not one of the 18 states that adheres to the no-fault rule; rather, it is a fault state. In an at-fault state, an accident victim may collect damages from the other motorist if that driver is culpable for the accident.
It is not always simple to determine who is liable for an accident since, occasionally, both participants might be held responsible. In order to preserve all relevant evidence, it is essential that a prompt investigation into the collision be conducted.
Fault in Missouri Accidents
In Missouri, the “fault” technique is used to determine financial liability in car accident lawsuits, including injuries, lost wages, vehicle damage, etc. Ultimately, how a case or claim turns out relies much on how the party responsible for the accident responds to the claim.
Either way, you may file a personal injury claim in civil court against the individual who caused your accident and demand compensation for injuries and losses.
The at-fault rule in Missouri is predicated on changing percentages of ‘fault’ for each person involved in an accident.
If you are involved in an automobile accident in Missouri, consulting a car accident attorney will help you determine what this means for your case and the choices you have for filing a claim against another motorist in Kansas City and beyond.
Missouri’s Fault System
Still, there are myriad categories of negligence that decide whether the injured person or both parties involved in the accident may file a claim for damages. Missouri follows the Pure Contributory Negligence rule.
How Pure Contributory Negligence Works
- If only one individual is at fault in an automobile accident, that person is liable for all damages.
- If both drivers contributed to the collision, the law gives each a proportion of culpability ranging from 1% to 99% and may entitle both parties to damages.
The law binds the number of damages that both parties may claim from an accident to this proportion of blame or fault. Needless to say, it can be difficult to determine what sorts of damages you can claim and how to calculate them.
Contacting a Missouri automobile accident attorney is essential, so they can examine your case, determine the likely result of your case, and provide you with legal counsel on how to construct your accident claim.
Car Accident Laws in Missouri
Again, under Missouri’s auto accident laws, the at-fault driver is liable for any property damage, medical expenditures, and other damages and losses resulting from the collision.
These medical expenses may be the result of physical harm or pain and suffering caused by the car collision. Future medical expenditures resulting from the accident might also be included.
Therefore, if you are at fault, your insurance company will pay for the subsequent damage. However, their insurance company would absorb any costs if the other driver is at fault. Remember that insurance companies will only pay damages or resulting accident expenditures up to the policy’s limitations.
If both you and the other motorist are judged to be partially at fault for an accident, the amount of fault assigned will be the proportion that each party’s insurance will pay.
[Video Transcript] Determining Fault After a Car Wreck in Missouri
Hello everyone, welcome to Peterson and Associates your trusted personal injury firm in the heart of Kansas City. I'm Ross Paczkowski,one of the personal injury attorneys at Peterson and Associates and today we have some valuable information that could make a big difference if you've been injured.
But before we dive in remember we're here for you. If you are a loved one has been hurt in an accident don't hesitate to give us a call. We offer a free no obligation consultation to discuss your case. No win, no fee, it's that simple!
Injuries can happen to anyone at any time and when they do the legal process can be complex. That's where we come in at Peterson and Associates. We've been helping folks in the Kansas City area for over 30 years and today we want to shed some light on a crucial aspect of personal injury cases, Missouri's comparative fault laws.
So what what is comparative fault? Well imagine you're in a car accident and you believe the other driver is entirely at fault, however the law recognizes that sometimes both parties can share responsibility. Comparative fault helps determine how much compensation you can receive. In Missouri we follow a system called pure comparative fault. What that means is even if you're partially at fault for an accident you can still seek compensation. But here's the catch, your compensation will be reduced by the percentage of fault assigned to you. So if you're deemed to be 20% at fault you can recover 80% of your damages.
This is where having an experienced personal injury attorney becomes crucial. At Peterson and Associates we know how to navigate these complex laws. Wwe can help gather evidence, negotiate with insurance companies and fight for the compensation you deserve even in cases of shared fault!
Let me share a real world example. We have cases come in all the time where both parties are claiming the other driver is at fault for the crash. This is sometimes called a he said she said crash. When this happens we jump into action to fully investigate the matter and find any proof to help clear our client from any wrongdoing. There are many avenues we do this depending on the case, but a few examples would be obtaining video footage at the scene of the crash, or looking for witnesses who can provide a third-party viewpoint of what occurred that caused the crash.
For example, we had one client where the police report listed her for being at fault for the crash for running a red light. The reason this happened was our client never had a chance to tell her story to the police because she had already been taken by ambulance to the hospital before the police even arrived. Because of this the police only took down the story from the people left at the scene, mainly the other driver who was at fault for the crash. The other driver and his passenger lied to the police and claimed our client ran the red light. Luckily we were able to identify 911 recordings of other people who had witnessed the crash and in their conversations with the 911 operator they confirmed that our client had a green light. Without our diligent investigation our client never would have been able to recover a dollar for her catastrophic injuries.
When you choose Peterson and Associates you're not just hiring an attorney, you're gaining a team of dedicated professionals who are passionate about helping you. Our track record speaks for itself and we're here to ensure you receive the compensation you deserve. So if you or someone you know has been injured in the Kansas City area remember that you have rights and we're here to protect them. Don't wait give us a call today at 816-888-8888 for a free no obligation consultation! Let us be your advocates in your time of need.
Thank you for tuning in today. Don't wait, Call the 8's! We're ready to fight for your rights and help you on your journey to recovery stay safe out there Kansas City we'll see you in our next video.