When you are involved in a serious collision, it can mean bad news, worse news and worst news. The bad news is that you were involved in a car accident and suffered damage to your motor vehicle that will require dealing with insurance company hassles. While fighting with an insurance company to get your vehicle repaired is a hassle, it is much worse news to learn you have suffered serious injuries that may result in intense pain, physical and mental disabilities, extensive medical bills and other physical, emotional and fiscal hardships. However, the worst news is finding out that you may not be able to recover compensation for you injuries because the law enforcement accident report indicates that you are at-fault in causing the collision.
While many car accident victims become discouraged and decline to explore whether they have a right to financial compensation in this situation, this is a mistake to be avoided. Although law enforcement officers that analyze accident scenes are competent and good at what they do, they are not infallible.
Our experienced Missouri car accident attorneys at Hubbard & Kurtz examine the evidence, which may include law enforcement reports, vehicle damage, witness statements and more to arrive at an independent determination regarding issues like liability and causation. Our attorneys may also use accident reconstruction experts to build a compelling case that may conflict with the preliminary determination by law enforcement. We also scrutinize the accident report for errors or inaccuracies that may impact its conclusion on the issue of fault.
Even if the police report is correct in determining that a car accident victim’s own negligence contributed to his or her own injuries, this is not the end of the analysis. Sometimes the other driver also may have engaged in conduct that contributed to the accident. In Missouri, an injury victim whose own negligent conduct contributed to a collision may still recover for damages, but the financial award will be reduced based on the percentage of fault assigned to the injury victim.
This legal principle, which is referred to as “pure comparative negligence,” can be crucially important if you suffer serious debilitating injuries like paralysis from a spinal cord injury or impaired cognitive functioning resulting from a traumatic brain injury. If the jury determined your damages to be one million dollars in this situation, you would still be entitled to receive $250,000 even if the judge or jury determined you to be 75 percent responsible for your own injuries.
If you or someone you love is injured or a family member dies in a Missouri auto accident, we urge you to contact us even if you believe you may have been at-fault for causing the accident. Our experienced Missouri auto collision attorneys at Hubbard & Kurtz, LLP may be able to identify a factual or legal basis for you to obtain financial compensation for your injuries so contact us toll free at (877) 535-1163 to see how we can help!