Accidents are common occurrences in the State of Missouri. Most automobile collisions occur due to the negligent actions of others. For example, if a driver is distracted, texting, or is extremely fatigued, they could cause a crash. Fortunately, if a motor vehicle driver causes an accident, they could be held liable for damages.
If you or a loved one were injured due to the negligence of a motor vehicle driver, you might benefit from the advice and counsel of a Moberly car accident lawyer. Going through the process of negotiating and fighting for your recovery with insurance companies and defense lawyers could be challenging without an experienced personal injury attorney advocating on your behalf.
Our dedicated legal team at the A.W. Smith Law Firm are ready to help your case. With the help of our experienced personal injury attorneys, you may be eligible to recover compensation for damages such as medical expenses, pain and suffering, loss of enjoyment of life, and emotional anguish. Speak to an attorney to learn about your eligibility to recover compensation for your injuries and damages.
Most accidents are unintentional and due to a wide range of causes. The most common reasons why an accident occurs is speeding, distracted driving, failure to follow traffic laws, hazardous weather, and drunk driving. To file a lawsuit against a negligent driver, a Moberly car accident lawyer would have to prove the four elements of negligence, which includes duty, breach, causation, and harm.
Drivers owe others on the road a duty of care. Duty of care means that each person has a duty to act as a reasonably prudent person under the circumstances. Any deviation from the applicable duty would result in a breach. In addition to proving these elements, the plaintiff must show that the defendant’s breach of duty caused their injuries.
Car insurance might be able to cover the damages suffered in an accident. Missouri is a fault car insurance state, the traditional method followed by a majority of states. Those injured in car accidents have three main options when seeking recovery through insurance.
First, claimants may file an insurance claim with their own coverage. Second, an injured claimant has the option of filing a claim against the at-fault driver’s insurance company to recover. Lastly, if insurance does not cover the full amount of damages, claimants may file a personal injury lawsuit without having to meet a serious injury or monetary threshold like other states that follow the “no-fault” system.A knowledgeable car accident attorney at the A.W. Smith Law Firm might be able to help claimants negotiate and fight for their right to recovery against hard to deal with insurance companies.
Often, motor vehicle collisions occur due to the actions of more than one party. Besides the defendant, the plaintiff may also be partially responsible for a crash.
Missouri is a pure comparative fault state, codified under Missouri Revised Statutes §537.765. The injured claimant may be eligible to recover compensation for damages even if they are 99 percent at fault for the crash. Under pure comparative fault rules, a plaintiff’s damages are reduced by the percentage of fault they contribute to the accident.
A Moberly car crash lawyer could fight against claims of shared negligence to help the injured claimant recover more compensation for their damages.
Accidents happen every day and could be life-changing. Individuals often sustain injuries such as broken bones, lacerations, spinal damages, and head trauma. The costs of a car accident injury could be devastating to a family. Let an experienced attorney at the A.W. Smith Law Firm help you recover the compensation you need.
A Moberly car accident lawyer could help you hold the negligent party accountable for their actions. Call today to start exploring your options.