Who Is at Fault in a Passenger Side Car Accident - MO Law

A car accident can happen in the blink of an eye, but the outcome, including long-lasting injuries and legal consequences, can last a lifetime. A passenger-side car accident often results in very serious injuries, and even death, as a car often doesn't have as much protection on the side when compared to the front and rear. Even if one vehicle hits another and there are no injuries, property damage is expensive to fix.

Determining fault is the first step to collecting compensation following a car accident. Proving fault isn't always easy, and it could take days, weeks, or even longer to establish fault due to lack of sufficient evidence. This is why an experienced car accident lawyer is so important to those who have been in a car accident like this.

A car accident attorney can help get the most compensation following vehicle accidents and play a role in determining fault in a passenger-side car accident as well as, who is at fault in a driver side car accident MO.

Missouri Law and Comparative Fault

Due to Missouri law, which is referred to as comparative fault, more than one person can be at fault in an accident. Fault is assigned to each of the drivers involved, and it's given as a percentage. The driver who is the victim, i.e. the driver with less fault, can still get compensation even if they are partially at fault. However, that compensation is reduced by the percentage of fault the driver has.

An example of this is if Driver A is found to be 20% at fault, and Driver B is 80% at fault, Driver A can still recover 80% of the damages. Because of this system, determining fault is extremely important.

Common Causes of Passenger Side Car Accidents in Missouri

Understanding the causes of a side-impact or t-bone accident can help clarify how fault is determined.

Failure to Yield

Side-impact accidents often occur at intersections when one driver doesn't yield to the other.

Running a Stop Sign or Red Light

Drivers running a stop sign or red light might also cause a passenger-side car accident. In this case, the driver running the signal is usually found to be the at fault driver.

Improperly Changing Lanes

When a driver changes lanes, they might not do it correctly, which commonly leads to a passenger-side car accident.

Distracted Driving or Speeding

Drivers who are distracted, driving recklessly, or speeding often cause accidents, as the driver fails to stop in time. Even if they see the other driver, they might not be able to stop in time.

Parking Lot Collisions

A side impact auto accident can happen in parking lots due to people backing out or cutting across lanes. In these cases, right-of-way laws will certainly have an impact in determining fault.

Determining Fault in a Passenger Side Collision

There are a number of steps that authorities take to determine fault in these accidents, and they do a thorough investigation, which commonly includes the following:

• Police Reports of the Accident Scene - Police reports often contain the investigating officer's opinion on who is at fault following an accident. This is usually based on witness statements, the position of the vehicles, and traffic laws.

• Video Footage - Video evidence from traffic cameras or dash cams is also important, especially if there are multiple drivers or other passengers with different stories about how the accident occurred.

• Witness Testimony - Witnesses are usually neutral and un-biased, so they can give a fair opinion on what happened.

• Vehicle Damage - Looking at the damage to all vehicles involved can help determine what happened, too.

• Accident Reconstructionists - If necessary, a professional might be brought in to recreate the scene.

What If Both Drivers Share Fault?

Since Missouri uses this comparative negligence system, it's possible that both drivers, even the injured driver, can be found at fault. Here are two scenarios:

Scenario #1

Driver A runs a stop sign and hits the passenger side of Driver B's car. However, Driver B was speeding at the time of the collision. The court assigns Driver A 70% of the fault and Driver B 30% of the fault.

Scenario #2

Both Driver A and Driver B are in a parking lot and both are backing out at the same time. They collide. They end up sharing liability 50/50 because witnesses report that neither driver checked their surroundings nor yielded.

For anyone who has been in a passenger-side car accident, it's best to speak with these car accident attorneys in St Louis as soon as possible. The legal process is confusing. They can help ensure that fault is fairly assessed, and then they can negotiate with the at fault drivers insurance company to receive fair compensation.

What About the Injured Passenger?

If a passenger is injured in an accident, things change a bit. In Missouri, a passenger is almost never found to be at fault unless they tried to grab the wheel. Injured passengers can file a claim against both drivers if fault is shared, or the driver who holds all of the fault.

A passenger can recover financial compensation for medical bills/medical expenses, emotional distress, lost wages, and more.

Common Injuries in Passenger Side Accidents

A side-impact collision often causes more serious injuries than front or rear end collisions. Some of the common injuries include:

• Head/brain trauma

• Fractures and internal injuries

• Whiplash and neck injuries

• Cuts from broken glass

Steps to Take After a Passenger Side Collision in Missouri

Those who are involved in a car accident should take the following steps:

1. Call 911 - Seek medical attention and call emergency services as soon as possible.

2. Document the Scene - If possible and able, take photos of the scene. Focus on the road, the damage to vehicles, any skid marks, injuries, traffic signals, speed limit signs, and more.

3. Exchange Information - Get information from the other driver including contact information and their insurance provider.

4. Don't Admit Fault - Anything said at the scene can later be used to establish liability or put an insurance claim at risk.

5. Get Medical Treatment - Medical records could be important when it's time to recover compensation.

6. Contact an Attorney - Reach out to an attorney as soon as possible.

   
   

Why Having an Attorney Matters

In many cases proving fault in a passenger side accident is difficult. A person doesn't want to rely on their own insurance coverage if they don't have to. They have the right to demand compensation following an accident, even if they were partially at fault. Powell Law Firm can also advise on who is at fault in a single vehicle car accident MO.

A personal injury attorney like the team at Powell Law Firm understands Missouri's at fault system, and they know how to investigate the crash. Additionally, they know how to collect and preserve evidence, they work with experts, they can negotiate with insurers, and help file a lawsuit.

Call today for a free consultation. Victim's don't have to deal with someone else's negligence. Powell Law Firm can help every step of the way.