Can You Sue Someone for Lying About a Car Accident?
Car accidents are unfortunately inevitable occurrences that happen every day. Just the slightest driving mistake can result in a collision or crash. When an accident occurs, the negligent driver should take full responsibility. Not every driver has a strong moral code, however. The said driver may try to alter the truth to avoid severe punishment. In other words, they lie about how the accident happened or try to minimize their role in the accident.
When a defendant lies about the specifics of a car accident, this will give their insurance company less reasoning to accept the plaintiff's claim. It is common knowledge that insurance companies hate spending money. The innocent individual or individuals who were injured will in turn have a far more challenging time claiming the compensation they are entitled to in a lawsuit or settlement.
The Powell Law Firm wants to be of service to those who have been injured or their families in such a difficult situation. The victim has a voice to be heard and their side of the story to tell. With proper representation and evidence, the injured can sue the lying driver and receive justice. Powell Law Firm deeply cares about the people it has the honor to represent. Right from the beginning, a free consultation and free case evaluation will be offered.
Below is information provided for anyone in St. Louis or surrounding areas who have either personally or has a loved one who experienced a car accident where false testimony might have been involved. This is a serious matter that needs to be handled very carefully. To start, here are important tips on what to do or not do.
What To Do and Not Do
If a car accident victim is in a situation with a lying defendant, there are some key things to remember.
If the innocent party notices the negligent party lying about what happened, it is important to remain collected and not make the situation worse. Do not engage in violence or physical fighting.
If the innocent party is severely injured, seek medical attention immediately. Time is of the essence. One's health is the first priority. Accident details can be explained at a later time.
When a police officer arrives, the innocent party must tell their side of the story truthfully and try to provide as much evidence as possible to prove their account. The account shared will be included in the police report/accident report and in turn, will be sent to both the innocent driver's insurance company and the other driver's insurance company.
If the innocent driver discusses the accident with his or her own insurance company directly, the victim must be absolutely truthful about the events that took place.
The innocent driver who suffered a personal injury should speak with a car accident lawyer or a personal injury lawyer as soon as possible. Similar to the initial police interaction, the victim must be clear and accurate with his or her attorney about the car accident. The lawyer will represent the client either in a court of law or in discussions with the insurance company.
The Role of Insurance Companies
A car insurance policy is a legal requirement in the state of Missouri. According to the Missouri Department of Revenue, "Missouri law requires that all motor vehicle owners maintain some type of motor vehicle liability insurance coverage. Missouri residents are required to show proof of insurance when registering a motor vehicle or renewing their license plates."
In essence, car insurance will provide financial coverage if an accident occurs. Insurance companies are powerful entities that do not give out money easily. They will only provide compensation if a claim is justified. Dealing with not only the client's insurance company, but the negligent driver's insurance company can be challenging and frustrating. If a car accident is severe, a personal injury lawyer can speak to the insurance companies on the behalf of their client.
If you get into a car accident where no one admits fault, you need to know all the important factors and hire a good lawyer to reach a proper settlement.
Car Accidents and Potential Causes
Car accidents can occur for a whole host of reasons. The negligent driver who was at fault and has lied about his or her behavior could have been distracted due to electronic device usage, incompetent due to alcohol or drug use, or chose to drive recklessly.
Texting When Driving/Distracted Driving
Texting when driving or driving distracted is never a good idea. It can have lasting and life-changing implications for all parties involved.
According to the National Highway Traffic Safety Administration (NHTSA), "in 2020, 3,142 people were killed in motor vehicle crashes involving distracted drivers."
It is not surprising if a distracted driver decides to lie about his or her behavior. No one wants to admit to law enforcement that they were distracted when operating a vehicle.
Alcohol or Drug Use Proof
If the individual was drinking or on drugs causing an impairment, this truth would come out through a breathalyzer or drug test. If the said individual lied about their competency, the truth would be easily learned.
Drunk driving and/or driving under substance abuse is a serious criminal offense and has caused many wrongful deaths.
According to the NHTSA, "approximately one-third of all traffic crash fatalities in the United States involve drunk drivers (with BACs of .08g/dL or higher). In 2019, there were 10, 142 people killed in these preventable crashes."
According to Stop Drugged Driving and the Substance Abuse and Mental Health Services Administration, "13.6 million Americans drove under the influence of illicit drugs and 12.8 million specifically drove under the influence of marijuana."
More commonly, the lying other driver would fabricate a story stating that he or she was not driving recklessly or was paying attention when he or she was not in actuality. The said driver might lie and say that he or she looked clearly in the mirror before turning or switching lanes. In turn, his or her misconduct caused a serious car accident and could be a criminal offense. Operating a vehicle is not a right, but a privilege. This privilege can be taken away.
Challenges with False Stories
Proving the story false can be very challenging. This is why the innocent driver must thoroughly explain their side of the story of the car accident in as much detail as possible. The other driver will do everything in their power to ensure their legal security. If the innocent party wants to sue someone, they have to have a strong case to back it up. Witness testimony can either be a huge positive or a discouraging negative. Even witnesses can not accurately remember what they saw.
Find out what to do or if can you sue a minor for a car accident if the person at fault is underage.
Expenses Associated with Car Accidents
The two most common expenses associated with a car accident, depending on overall severity, are medical bills and lost wages. Additional costs include property damage. Some injured victims are hospitalized for an extensive period of time and even have permeant physical injuries. Medical expenses can be extremely expensive and the lack of a steady income makes a terrible situation even worse.
If a client is receiving medical attention and is focusing on recovery, the last of their concerns should be financially related. When an insurance claim is submitted and approved, this can ease the burden of the financial instability brought on by the accident. If legal action needs to happen to receive damages, a lawsuit can be started against the responsible party.
Why Powell Law Firm?
The Powell Law Firm team of St Louis auto accident attorneys are experienced experts in their field. They define professionalism and truly care about the work they do. Powell has represented many clients in car accident cases in the St. Louis area. Personal injury law is a specialty of the firm. A Powell attorney views clients as an appreciated collaborator, rather than just another case.
After a free case review and free legal consultation are completed and the case is taken on by a member of the Powell team, it will become the attorney's mission to help the client achieve their legal goals related to the car accident. Per request, the team will file a lawsuit on the client's behalf.
As soon as initial discussions occur between the lawyer and client occur, transparent and clear communication will be of the essence. The attorney will thoroughly listen to the victim's account and conduct outside research as necessary. Examples of research include medical records, police records, insurance company standards, physical evidence, and legal precedents. A civil court lawsuit plan of action will then be recommended.
The Powell team will not stop fighting for clients who have not only been the victim of an accident but the victim of deception. To succeed in a suit that involves lying, representation must be firm and aggressive. This is a methodology that Powell attorneys excel in.
If one has been involved in a car accident or has a loved one who was involved in an accident, The Powell Law Firm wants to help! The firm can be contacted by calling (314) 470-1374. Receive a free case review and free consultation today.