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Before a party can be held legally liable for an injury or accident, the court must decide whether a “reasonable person” would have behaved similarly under the same circumstances. If the party failed to act with the degree of care that a reasonable person would have, their negligence would make them responsible for any resulting damages.
In every criminal and civil case in Missouri, both the burden of proof and evidentiary standards are applied to the legal proceedings. These rules stipulate which party is responsible for proving fault and to what extent they must justify their claim.
Every state places a time limit known as the “statute of limitations” to encourage victims to file a car accident lawsuit within a reasonable length of time. In Missouri, you have five years to pursue a claim for compensation.
Under Missouri Revised Statutes § 516.120, the five-year period begins on the date the accident occurred.
After an accident is reported, the insurance companies involved will begin their investigation. They will take statements from drivers, passengers, and witnesses and look at photographs of the scene, if available, and the damage caused. One helpful piece of evidence is the location of the damage on your car, which can yield important clues about who is to blame.
Missouri is a fault state for auto accident claims, which means the driver responsible for causing an accident must pay for damages. Under the state’s “pure comparative fault” system, multiple parties can be at fault, and their degree of liability determines how claims are settled.
After a multi-vehicle crash, it can be challenging to figure out who is at fault or responsible for damages. Typically, more than one party will be liable, but significant factors will determine how fault is assigned.
The driver of the last vehicle is generally considered at fault for causing a multi-vehicle crash.