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How is fault established in a Missouri car accident claim?

On Behalf of | Dec 27, 2022 | Car Accidents

No matter how careful you are behind the wheel, there is always the risk of being caught up in an accident thanks to someone else’s reckless actions. If you are a victim of another person’s unlawful actions, you may want to know how to seek compensation for your injuries and losses.

To start this, you should have an understanding of Missouri negligence laws:

Missouri is a comparative fault state

Missouri is one of the 12 states that apply a pure comparative fault system. Under this system, each party’s contribution to the accident is taken into account when awarding damages. For instance, if it is determined that your actions contributed 45 percent to the accident, then you may only recover 55 percent of the awarded damages. This concept is applied to multiple-vehicle accidents too. 

Proving fault following a Missouri car crash

Fault, as indicated above, determines the final value of your settlement. In other words, the more you can prove the other party’s fault, the more you will receive in compensation. Here are crucial pieces of evidence you will need when proving fault in your car accident claim:

  • Police reports – Missouri laws require that you report any car accident that results in injury, death or property damage in excess of $500. Upon arrival at the scene, the police will investigate the accident and write a report on whom they believe was responsible for the accident. 
  • Medical records – Obtaining clear medical records that directly link your injuries to the accident in question can go a long way in litigating your car accident claim and receiving the damages you deserve. 

If you are hurt in a car accident that is not your fault, you deserve justice. Knowing your legal options can help you establish fault and pursue the liable party for damages.