Who is at Fault in a Driver-Side Car Accident - MO Law

Driver-side car accidents, also known as broadside or T-bone accidents, are some of the most dangerous types of car crashes. These accidents often occur at intersections, but they also commonly occur in parking lots or while a vehicle is turning. Since the side of a vehicle offers less protection than the rear or front, a driver is at more risk of severe injury when compared to front-end or rear-end collisions.

When these accidents happen, after the accident scene is clear and medical attention is given, the next step is determining who the at-fault driver is. This depends on several factors, including the crash's location, the driver's behavior, traffic signals, and right-of-way laws.

If a victim or their loved one has been in a driver-side car accident, they need an experienced car accident attorney to recover compensation. Kenneth Powell, of the Powell Law Firm, is an experienced car accident lawyer who can take a look at the car accident claim and, if applicable, file a personal injury lawsuit. As well as answer questions such as who is at fault in a passenger side car accident MO?

Understanding Missouri Fault Laws

In Missouri, the state follows a pure comparative fault system. This means that every party involved in the car crash can be assigned a percentage of fault. A victim can still be awarded compensation if found partially at fault, but it is reduced by that percentage. This is why proving fault is so important.

Here's an example of how Missouri's at fault system works:

Driver A was hit on the driver's side by Driver B. However, after the insurance adjuster was able to establish fault, it was determined that Driver A was 30% at fault. Driver A was awarded $100,000 in damages, but since he was 30% at fault, he can only recover $70,000.

Determining fault in a driver-side accident requires a full analysis of the scene and the accident. Some of the things that will be examined include: traffic laws, police reports, witness statements, vehicle damage, and camera footage.

Common Causes of Driver Side Car Accidents in MO

In order to determine fault, it's important to understand the common causes of these vehicle accidents. Some of the most common causes of a driver's side auto accident include:

Failure to Yield Right of Way

In Missouri, drivers must follow right of way laws when at intersections. If a driver fails to stop at a red light, or they turn and try to cut off the other vehicle, but they hit the driver's side of the car, it's likely that the driver who didn't yield would be at fault.

Distracted Driving

Distracted driving is a serious issue, and many drivers involved in accidents are texting, eating, adjusting the radio, or otherwise distracted just moments before the accident happens.

Speeding

Drivers who speed don't have a fast reaction time. Even if a speeding driver sees the other car, they may not be able to stop in time due to a high rate of speed.

Improper Lane Changes or Merging

Some driver-side accidents occur on highways because a driver fails to look before changing lanes or merging. They also occur when one driver tries to pass the other driver illegally and they end up in oncoming traffic.

Investigating Fault: Key Evidence Used in Missouri

Sometimes it's not easy to establish fault after a car accident. However, to make an insurance claim and receive fair compensation for medical bills, property damage, and lost wages, fault must be determined. Here is the key evidence often used in car accident cases:

• Police Reports - Often, the most important piece of evidence in any accident is the police report. Police officers are usually the first on the scene, along with medical personnel, and they will begin a thorough investigation to try to establish liability. They do this based on evidence and witness interviews.

• Traffic Cameras or Dash Cam Footage - Video footage is also really important when trying to determine fault. This footage can show speeding, red-light violations, or improper turns.

• Witness Testimony - Witnesses of the accident also are important in determining fault when there are multiple drivers involved. They usually have a neutral stance, and they can give an unbiased statement about what they saw.

• Vehicle Damage - Looking at the vehicle damage can also help to determine who is at fault based on where the damage is.

• Accident Reconstruction - If it's still difficult to determine fault, an accident reconstructionist might be called in to analyze skid marks, angles, and impact points.

With fault determined, the victim can demand compensation by working with a personal injury attorney. For more information, the best car accident law firm in St Louis may be able to help.

What Happens If Both Drivers Share Fault?

In Missouri, both drivers can share fault in an accident. Here are some examples:

Scenario #1

Driver A is the turning driver. They are turning left at an intersection. Driver B runs the red light and hit's Diver A's vehicle on the driver's side. Though Driver B would likely be mostly at fault, it's possible that Driver A could share fault because a witness stated that they were speeding to get to the turn before the arrow turned red.

Scenario #2

Driver A and Driver B are both driving down a road. Driver A is the front driver, and Driver B is the rear driver. Driver B is speeding in the far left lane. Driver A is frustrated because the car in front of them is going slow. So, Driver A quickly merges into the left lane without looking and without using their signal. Driver B hits Driver A. Both of these drivers could be at fault because both of them broke Missouri driving laws.

Insurance Company Tactics in Missouri Driver Side Accidents

An insurance provider will do everything they can to minimize payouts. In a driver-side accident, an insurer may try to argue that the injured driver had the chance to avoid the crash, or they will try to suggest that the driver was more to blame than originally thought. They also might dispute that serious injuries aren't as serious as they seem to be.

Fighting an insurance company is very difficult. This is why a personal injury attorney should always be consulted.

Powell Law Firm offers a free consultation, so there is no risk for victims to look into ways to recover damages to cover medical expenses and other costs, following an accident.

What to Do After a Driver Side Accident in Missouri

Those who are in an accident should take the following steps after the accident:

1. Call 911 - The first step is to always call 911 to seek medical attention and get the police on the scene.

2. Document the Scene - If able, those involved in an accident should take videos and photos of the scene. These should include vehicle damage, injuries, street signs, and road conditions.

3. Always Get Medical Care - Even if injuries don't seem severe, everyone involved should be evaluated by emergency personnel.

4. Share Contact Information - Both drivers should share contact information, including insurance information.

5. Say as Little as Possible - Though people can answer basic questions on the scene, it's advised to not admit fault or give details of the accident to police or insurance adjusters, including after the fact.

6. Reach Out to a Car Accident Attorney - An experienced attorney can help victims get the financial compensation they deserve.

   
   

Conclusion: Determining Fault in Driver Side Accidents in Missouri

When it comes to determining fault in driver-side accidents in Missouri, it depends on a variety of factors. Oftentimes, fault isn't always clear.

Those who have been involved in a driver side car accident should contact a personal injury lawyer. The team at Powell Law Firm is available to help navigate the legal process. The legal system is confusing, and Missouri law can be difficult to understand. Reach out to Powell Law Firm for a free consultation.