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Fredericktown: 573-783-5100
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Who is financially responsible for a collision?

On Behalf of | Apr 27, 2022 | Personal Injury |

Driving in Missouri involves risk, especially if there is a distracted, drunk or sleepy driver nearby. There is no way to predict with certainty whether a trip to work or the grocery store or some other destination will run smoothly. A collision may occur suddenly, resulting in injury to one or more people. In such cases, investigators often seek answers to questions, such as whether any particular person may be responsible for the accident.

If someone who was injured in a motor vehicle accident decides to file a claim in court to seek restitution for damages, he or she must decide the proper party or parties to name as defendant/s. For instance, if the driver of the other car was intoxicated at the time, an injury claim may be filed against him or her in court. A person who is at fault is someone whose negligence was the proximate cause of injury.

Proving negligence in court in the aftermath of a collision

The court must be convinced that a defendant named in an injury claim owed the plaintiff a duty of care and was, in some way, negligent at the time of the accident. A plaintiff must also show that the negligence in question was the proximate cause of the injuries that occurred. While many states have established limits on the amount of compensation to which a particular plaintiff might be entitled to receive in a personal injury claim, Missouri currently has no limit.

Medical bills and other accident-related expenses

A Missouri driver who gets behind the wheel should not have to worry that another driver may have chosen to drive under the influence of alcohol. A driver should not have to worry that another driver is not going to stop at a red light. In fact, a driver can expect other motorists to adhere to traffic laws. If a driver’s negligence causes a collision that results in injuries to the person not at fault, he or she should not have to bear full financial responsibility for post-accident medical care, lost wages or other expenses associated with the incident.

Andrew Tarry

Andrew Tarry