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Even if it is minor, a car accident can change people's lives, cause too much stress, and bring other problems.
In addition, motor vehicle crashes happen every day and remain one of the main threats to public safety. According to the Association for Safe International Road Travel (ASIRT), 46,000 people are killed each year due to collisions on US roadways, and 4.4 million more are seriously injured.
Both careless and the most careful drivers can suffer a car accident. Therefore, all should know how to protect their rights, especially if they have been unfairly blamed for causing the collision.
After a car crash, determining liability can be difficult. While fault is sometimes crystal clear, the parties involved can end up locked in a blame battle.
However, those who have been found at fault or have their accident insurance claims denied should not give up and pay for damages they did not cause.
Here's a detailed explanation of the steps a driver should take if they have been inaccurately blamed for causing a car accident.
An Overview of Car Accident Laws in Missouri
Missouri is an at-fault state when it comes to car accidents. Therefore, local laws require drivers to have a minimum amount of liability coverage on their auto policies. Also learn about cyclists at fault in a car accident.
Liability coverage should pay for the victim's medical expenses and related damages if the car accident is caused by another driver. Overall, through liability insurance, victims can recover compensation for economic and non-economic damages, including:
Medical treatment and care expenses
Long-term nursing care costs
Personal care expenses
Loss of wages, wages, or other sources of income
Loss of future earning capacity
Disabilities, impairments, and scars
Physical pain and discomfort
Emotional distress and mental anguish
Reduced quality of life
If the liability insurance policy is limited and does not compensate for all damages, accident victims can file a lawsuit against the at-fault driver, seeking a personal judgment for damages. Learn more about what happens when car accident claims exceed the insurance limits.
In addition, Missouri adopted the pure comparative fault rules. Under this system, damages can be reduced according to the driver's percentage of fault in an accident. Insurance companies can investigate a car accident to determine how liable those involved are and make offers based on their findings.
Considering such laws, what would happen if the at-fault driver didn't actually cause the accident? Is there any way they can dispute that decision? Being held liable for a collision they did not cause means many people can be sued and forced to pay money or have reduced compensation even if they are not at fault and sustained injuries.
What to Do in Those Cases?
Any driver who has been unfairly blamed for an accident they did not cause can dispute fault. In other words, they can argue against an auto insurance company if it determines that they were at fault in a car crash.
Evidence to Determine Fault in a Car Accident
A driver who has been blamed in a car accident that they did not cause can seek help from a professional attorney and collect evidence to prove they were not at fault.
In a car accident case, the evidence used to determine fault usually falls into two categories: physical evidence and witness testimony.
Physical evidence to determine fault in a car accident may include:
Damage caused to the vehicles involved, particularly impact points or visible damage
Injuries suffered by the victims
Debris at the accident scene
Surveillance photographs and filming
Witness statements may also be considered as evidence when determining fault in car accidents as long as they are from:
Drivers involved in the accident
Bystanders who witnessed the accident
Police who responded to the report and went to the scene
Doctors who treated the victims
Expert witnesses, including accident reconstruction specialists, investigators, and others
Personal injury lawyers specializing in car accidents must have enough experience to collect all the evidence necessary to determine fault. However, in many cases, an insurance company or the insurance adjuster may make mistakes in finding fault or considering some evidence. Therefore, drivers must be prepared to take action if the fault is incorrectly attributed to them.
How to Dispute a Car Accident Fault: Steps to Take
As mentioned, any driver who is wrongfully blamed for an incident or crash they did not cause can dispute a fault. Here are the steps to follow in these scenarios.
Discuss Findings with the Insurance Company
The first step to dispute a car accident fault is to contact the insurance company, either by phone or in writing. In this step, it is important to leave a trail on paper or through email.
Drivers who have been wrongly accused must be very clear in their assertion that they did not cause the incident. Also, in the letter or message they send to the insurance company, they should have specific information about the car accident case, including evidence as to why its findings are wrong.
Find a Copy of the Police Report
To determine fault in a car accident case, insurance adjusters often rely on information retrieved from a police report. However, this document may also contain errors.
Therefore, the driver who expects to dispute a fault with their insurance company should seek legal advice to investigate the events and correct any errors that may be in the police report of the accident.
If police reports have wrong information about the driver's insurance company, car model or brand, or identification, they can provide adequate information to correct it.
However, if a person must dispute fault or other judgments written into the report, they need car accident lawyers support to write their own version of the events, revise the statement, or have it added to the report as supplementary material.
Fight Tickets Received Over the Accident
In some cases, the insurance company determines fault based on whether or not a driver received a ticket. Therefore, if a victim is wrongly charged with a traffic violation, they can try to get the fine or citation dismissed.
Succeeding in contesting a ticket is difficult. However, it shows the insurance company that the wrongly accused driver is serious about fighting for their rights.
Additionally, with the help of auto accident lawyers in St. Louis MO, even if it is not possible to dispute a ticket or citation, affected parties can attempt to have them dismissed in exchange for completing a defensive driving course.
Any person planning to dispute a ticket has the right to seek professional help and legal counsel during that time.
File a Civil Lawsuit Against the Insurance Company
While this is a last resort, when a driver is wrongfully accused in a car accident and fails to find an appropriate solution with the other parties involved, they can file a civil lawsuit against the insurance company.
In these scenarios, it is essential to have the help of car accident lawyers, as they can be victims' best allies when cases escalate to court.
As mentioned, seasoned lawyers will do everything possible to fight for the rights of those affected and collect all the necessary evidence to prove that they are innocent. In addition, the other driver and the insurance adjusters will also have experts investigating when someone disputes fault in a car accident case.
The other parties could even request documentation or recorded statements from the victims. However, before taking each step in a car accident case, it is crucial to seek help from professional attorneys.
Experienced lawyers also understand that every case is different. Therefore, they can help victims determine what they should do if they have been wrongfully charged after a traffic collision.
Can an At-fault Driver Still Get Financial Compensation?
Overall, yes, car accident cases are not always caused by a single party. In many incidents, both drivers share the blame. One of them might run a red light while another is speeding, for example.
In states with no-fault car insurance, determining fault does not define who can receive compensation or not since victims can get it from their own insurance company, even if the accident was caused by someone else. Therefore, they can only make a liability claim against the other party if the damage they suffer exceeds a specific threshold.
However, Missouri follows the pure comparative fault, which means that victims can receive compensation even if they are at fault for the accident. In this sense, if the injured party is partly at fault, even if it is 99%, the other person involved could still receive a part of the compensation.
Proving Fault After a Car Accident
Whether a driver should dispute a fault or not, the process to determine who is responsible begins right after the accident. Therefore, if they can, drivers involved in a crash or collision should follow these steps to increase the chances of getting better results in a car incident or injury claim:
Exchange information with other parties involved. In this step, the affected driver can request details of the other driver's insurance company, license, and car plates.
Collect information from witnesses at the accident scene.
Take photos of the scene or damaged vehicles.
Call the police to file an accident report (police reports are essential evidence, especially if a driver decides to dispute fault).
Get medical attention as soon as possible and collect medical reports to prove injuries.
Contact a car accident lawyer. Any driver who is held at fault in an accident they did not cause has the right to seek professional legal help to protect their rights and defend their innocence. This step is crucial for drivers planning to file a claim or dispute fault, as attorneys can help victims build a strong case for better results!
Should Affected Parties File a Personal Injury Claim?
Any person who was injured in a car accident and believes they are not at fault can file a personal injury claim with the other driver's insurance company. However, this step is only recommended when the affected party can prove negligence or misbehavior. Therefore, they will need help from a specialized lawyer.
If a driver plans to file a personal injury claim after a car accident, they should follow these steps:
Seek professional help to start collecting the evidence and building the case
Request medical reports even if the injuries are minor
Notify the parties involved about the lawsuit against them
Collect all necessary medical health records, including bills for treatment and any other papers that can prove expenses related to injuries or other damages caused by the accident
Begin negotiations with the other driver and the insurance company in terms of financial compensation
However, at-fault drivers often deny causing the accident through negligence and try to dismiss the victims' injuries or property damage to avoid accepting liability.
At this point, affected parties can authorize their legal team to file a lawsuit against the responsible driver and dispute fault in front of the court if they do not reach an agreement and the case escalates.
Getting Compensation After a Car Accident
Any driver involved in an accident that was not their fault deserves financial compensation to pay their bills and protect their lives and family.
Insurance companies can make the claim process difficult even if the fault is in dispute. However, with the right help, affected parties are entitled to compensation for the following:
Car repairs
Medical expenses
Ambulance or emergency room care costs
Loss of current or future wages
Permanent physical scars
Long term disability
Wrongful death
And more!
Seeking Legal Help to Dispute Car Accident Fault
Drivers who decide to dispute fault in a car accident case can seek help from a lawyer to take legal action.
An expert can hold conversations with the insurance company and take care of all the necessary steps to ensure that the wrongly blamed driver can find a fair solution.
Also, when a driver is represented by a car accident lawyer, the insurance company usually takes the case more seriously.
After a crash or car accident, several parties may contradict the victim's version of events. Even the police can make mistakes and hold the wrong driver accountable for the actions of another.
Fortunately, having a professional expert on their side can help drivers fight for their rights if they have been wrongfully blamed.
In addition, the insurance company, the insurance adjuster, and the other driver also have professional investigators and advisors on their side! Therefore, anyone who has been wrongfully blamed should have specialized support, too!
How Can a Car Accident Lawyer Help?
Car accident lawyers can help drivers who have been unfairly deemed liable to draft all legal documents and take the necessary steps to dispute fault after a car crash they did not cause.
In addition, a car accident lawyer has sufficient experience and knowledge to take legal action against the insurance company or adjuster and fight for the rights of those affected.
Among other duties, a specialized lawyer can:
Contact the insurance company
Collect and present key evidence in car accident injury claims
Talk to witnesses, including hospital staff or bystanders who witnessed the car crash
Communicate with the police and correct errors in the police report
Collect and present all necessary documents to support the case
Organize medical bills and health records if compensation for damages is sought
Negotiate with the at-fault party's insurance company to find fair financial compensation for victims who were wrongfully blamed
Represent victims and their interests in court if the responsible party's insurance company refuses to offer an acceptable settlement
Seasoned car accident lawyers know what to do to help victims build a strong case supported by the right evidence. Furthermore, these experts will not rest until they prove their client's innocence in a case in which they were wrongly accused.
With an experienced attorney, those affected by a car crash can get the compensation they need and deserve even without going to court!
Powell Law Firm's Car Accident Lawyers Serving Victims!
All car accident claims are intricate, but they can be more complex if there is a dispute over who was at fault. Fortunately, at the Powell Law Firm, we have a team of seasoned attorneys with experience in traffic incidents ready to help all victims prove their innocence if they have been wrongly accused.
Our car accident lawyers know how to dispute fault and help affected drivers recover the compensation they deserve. With our help, victims can understand their rights, analyze Missouri liability laws, collect evidence, investigate the crash, and more!
At the Powell Law Firm, we truly care about our clients and do everything we can to help them build a strong case and collect the evidence they need to hold at-fault parties accountable for their negligence or misconduct. In addition, we are committed to fighting tirelessly to obtain the justice victims deserve!
Let the Powell Law Firm's lawyers fight for your rights and help you obtain the compensation you need to get through this ordeal and have a peaceful life after a devastating accident. Call us and get a free consultation today!