Who Decides Who is at Fault in a Car Accident?

November 1, 2023

Car accidents can be an unfortunate and terrifying experience. It's essential to know who is at fault, as it can influence the payment of damages, insurance rates, and your legal standing. But how do courts determine who is responsible for a car accident in Missouri? 


In this blog post, we will explore the legal process behind assigning liability in car accidents in Missouri. By the end, you'll have a better understanding of how courts decide who is accountable and what you can expect during the legal proceedings. ï»¿


1. Negligence and Contributing Factors

Missouri uses the "modified comparative fault" doctrine when it comes to liability in car accidents. This means that the court will look at the percentage of negligence of each party involved in the accident.


Negligence refers to a failure to take reasonable care in the circumstances, leading to harm or damage. The court will assess the extent of the damage from the accident and then look at the contributing factors of each party to determine their percentage of fault.


2. Evidence and Witnesses

Evidence and witness accounts play a crucial role in determining liability. Courtrooms will use any physical evidence available, including photos of the accident scene and damage to the vehicles involved. 


Also, the court will take witness accounts into consideration. While not always necessary, if your accident case goes to trial, having witnesses who can corroborate what happened can make all the difference.


3. Police Reports and Insurance Records

The police report of the accident, if any, will be reviewed by the court to understand the events leading up to the accident. Additionally, insurance adjusters will investigate the accident and determine the parties' liability involved based on police reports, witness accounts, and physical damage to the cars. 


These adjusters will also determine the total amount of the damages each party has accumulated, and under which policy the insurance company will pay.


4. Court Appearances and Lawyers

If you're unhappy with the insurance company's verdict, you can take your case to court. You may want to get a personal injury lawyer to help you during the legal proceedings.


The court will review all the evidence available and listen to testimonies from each party. Lawyers will aim to prove their client's innocence, and the court will then render a decision based on the evidence presented.


Liability in car accidents is essential, as it impacts the parties' financial, legal, and insurance standings. In Missouri, the court uses the modified comparative fault doctrine to assess who is responsible for the accident. Factors like the extent of the damage, evidence, witnesses, police reports, and insurance records all play a role in determining liability. 


If you're unhappy with the insurance company's verdict, taking your case to court is the next step. With a personal injury lawyer, you can present your case, and a final verdict will be reached based on the evidence presented. 


At the end of the day, it's up to the courts to determine liability in car accidents. If you or anyone you know has been in a recent car accident in Missouri, it's essential to get legal counsel to protect your rights and interests in the legal proceedings.


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