Who or What Determines Who is at Fault in a St. Louis Car Accident?
If you are involved in rear-end car accident in St. Louis or its surrounding counties, you may think that your case is one of "clear liability." While Missouri has adopted the 'rear-end doctrine', there are other factors that can rebut the presumption of liability in these cases. But what about other common types of common car accidents? T-bone car accidents, head-on car accidents DUI car accidents, single car accidents, he said/she said car accidents, and non-witnessed car accidents can all cause problems when it comes time to getting compensation for a personal injury accident claim.
First of all, understand that police reports can be wrong. The reporting police officer did not witness the crash, and merely takes the stories of witnesses and the parties involved and arrives at an 'opinion' as to who or what caused the crash. There is a section of all police reports in Missouri that is titled "probable contributing circumstances." This section is where the officer will record his final determination of who or what ultimately caused the crash and who is responsible or at-fault. Our St. Louis personal injury lawyers respect the police officers that work up car accident cases. We know they have a hard job. Nevertheless, we approach each car accident claim as if no one has determined fault and it is something that we must get to the bottom of in order to succeed in any future claim for personal injuries at settlement negotiations.
Our St. Louis car accident injury lawyers immediately request the police report, obtain recorded statements of witnesses, the parties involved, first responders (including ambulance personnel), tow truck drivers, and other persons who may be able to offer testimony in determining who was at fault for causing the crash. 9 times of out of 10 we retrieve evidence that is useful in settling a client's injury claim for damages. This form of investigation is not utilized by most personal injury law firms, which is unfortunate and can ultimately cost an injury victim his or her injury case.
Missouri is not a no-fault state, so thorough investigation by an independent personal injury lawyer or private investigator is critical in your success when negotiating with an insurance claims adjuster. You can be sure that all insurance companies that may have a financial stake in the crash will be conducting their own investigation. Shouldn't you be entitled to the same level of information? We think so!