Automobile can accidents can be incredibly traumatic and stressful. The immediate aftermath may not only leave you concerned for your own health and safety, but also for others involved in the accident. Although it is much easier said than done under such unexpected and potentially devastating circumstances, it is important to remain clam, stay focused, and if physically possible, respond appropriately. Taking the necessary and proper steps post-accident will enable you to pursue a more successful legal claim and recover damages for any injuries sustained.
Generally, the law of negligence governs legal claims arising from motor vehicle accidents. Negligence is the failure to exercise of reasonable care under the circumstances. A driver that negligently operates a vehicle may be liable for damages he/she has caused either to a person or property. The injured party will be required to prove the defendant’s actions were negligent, and the accident caused his/her injuries.
Determining which party is at fault in an auto accident is dependent upon who acted negligently. Regardless of what is believed to have taken place, it is necessary to make a legal determination of fault, citing any rules violated and/or reckless conduct that may have occurred. An experienced attorney with knowledge of the law will help determine who was at fault for your accident and if you have a claim for damages by reviewing evidence such as police reports, state traffic laws, and speaking with witnesses. When deciding which party acted negligently and is at fault, courts examine several factors, which include, whether a party disobeyed traffic signals or signs, if a driver posted above or below the speed limit, a driver failed to use a signal while turning, driving under the influence of alcohol or drugs, and/or disregarded weather or traffic conditions, to name a few.
Most attorneys view auto accident cases as simple litigation, and an opportunity to collect a recovery quickly. However, cases that involve serious injuries or death can be much more complicated and take longer to recover damages. Insurance coverage reaches its limits, and cases immediately become complex. Under such circumstances, although recovery many not be maximized, many attorneys often recommend their client accept a settlement.
The following are several basic tips to remember should you find yourself in the unfortunate circumstances of an auto accident:
- Remain claim and stay at the scene.
- · If possible, call the police, or ask if find a bystander or witness can call.
- If you are unharmed and qualified, try to render first aid to others involved. It is very important to note that should not move any injured persons unless their life is in immediate danger.
- If traffic permits, keep vehicles in their original positions from the aftermath of the accident. Try and move as little as possible from the scene.
- If you are injured and immobile, stay in your car. If you are injured at all, seek medical attention at the scene.
- Do not speak with anyone at the scene or admit responsibility, unless you are seeking help or relaying the events to a police officer.
- Try and gather as much information as you can about the accident while you are at the scene. Be sure to take notes about traffic, weather conditions, photos, etc. Most importantly, make sure to get all names, addresses and phone numbers of every party involved, as well as license plate numbers and insurance information of all drivers.
Generally, either a police officer or crash unit will investigate an auto accident. The police officer will interview all parties involved and take statements from witnesses at the scene. Once the investigation has been completed, the police officer will issue a formal report on the accident, and if relevant, criminal charges pursued.
If you are involved in an auto accident in Missouri and have questions about pursuing a personal injury claim, contact The Law Offices of Hubbard & Kurtz, L.L.P. now at (816) 472-HOPE (4673). Our staff of experienced personal injury attorneys will help to ensure your claim is handled successfully!
Tags: Missouri Auto Accident Cases, Missouri car accident lawyers
