Assigning fault in an auto accident requires looking at the facts, evidence, and laws relevant to the crash. Finding fault involves insurance companies, police reports, and witness statements all identifying the at least one party that caused the crash. Fault is always assigned to the driver that violated traffic laws or acted negligently resulting in the crash.
Law enforcement and insurance adjusters focus on first viewing factors. These factors include: the traffic signal (did it show red, yellow, or green), weather (was it raining), and the position of the vehicles (their positions and trajectory just prior to collision).
They will also look at the inherent behavior of the driver (speeding or distracted driving), to determine what is fault. If you understand how it is determined and finished, you will have much better insight into what to expect with the claim and future legal action.
Key Factors in Determining Fault After an Auto Accident
The driver of a motor vehicle who is found to be at Fault is determined by reference to a number of legal rules, official investigations, and empirical evidence. Each of which impact some factor in assigning responsibility and meeting the burden of proof on the claim.
Traffic Laws and Regulations
Traffic laws dictate the expectations of drivers at the time of a crash. If a driver runs a red light, speeds, or fails to yield, these violations can often tie to fault in the accident.
For example, if Driver A ignores a stop sign and crashes into Driver B, the law most likely holds Driver A criminally, and therefore civilly, responsible for an accident that results. Courts value statutory law very heavily when assessing fault.
Hipskind & McAninch, LLC auto accident lawyer in St Louis, clearly state that reviewing the applicable traffic codes in St. Louis is important to identify violations, and they are not limited to just one. They will identify all violations of the law that contributed to the auto accident, and incorporate them within the claim, or for negotiation purposes.
Police Reports and Investigations
Police reports serve as official documentation prepared by officers shortly after an accident occurs. Officers will prepare a report that includes statements made to them, condition of vehicles, and an initial opinion on fault, if one can be observed by the officer.
These reports may also contain diagrams of the location of damages, witness comments, or citations. Police reports are not final findings on fault, but influence what the insurance companies and courts will consider.
Lawyers like Hipskind & McAninch, LLC, will consider police reports as the base of any process to offer legal services. The firm will identify key details in the accident – and if needed – ask for additional investigations based on observations made and if they don’t agree with the officer’s findings.
Physical Evidence at the Scene
Physical evidence is any size, shape, or condition of vehicles and any potential vehicle accident scene, including road conditions. For example, any evidence that was documented immediately after the crash, including, but not limited to, damages to vehicles and skid marks, help to establish the variables of the sequence of events that led to the auto accident.
When a vehicle’s damage is visible, its location and pattern can tell you where the vehicle was struck and how the vehicle was impacted, or what degree the vehicles were at when they made contact. Skid marks provide insight into when a driver braked, and help establish reaction times with the possible negligence of the party inquiring.
Hipskind & McAninch, LLC, auto accident lawyers will help find and also talk about these items of evidence individually. Identifying and analyzing physical evidence, gives lawyers something tangibly understanding and connect statutory laws, written reports and physical evidence together.
Role of Insurance Companies and Adjusters
Insurance companies and adjusters are important factors in determining fault after an auto accident. They collect facts, review claims, and assess liability based on evidence.
Insurance companies and adjusters make inquiries into claims and determine fault based on liability— including police reports, witness statements, and reviewing evidence. The actions they take touch upon compensation and the party legal strategies in more complex cases.
The claims process
Fault will be assigned after an auto accident once police reports, witness statements, and the evidence are revealed and analyzed by the insurance company and adjuster. The insurance company determines damages and liability in order to assign fault, which ultimately determines claims settlements.
The insurance company and adjuster will assess state traffic laws, assess driver behavior and any other factors, in instances where liability is not clear, and this can result in bias from the company towards its policyholders.
For example, when an auto accident occurs in St. Louis the injured party will contact their insurance company and file a claim. The insurance company assigns an adjuster to substantiate the claims, who collects the police report, witness statements, photographs of damages and medical records of the injured party.
At the claims phase the adjusters consider all the information collectively to determine fault and assess damages; the party at fault is usually subject to the more investigations if the claims do not settle, and these claim settlements can be at odds with both insured parties on opinions of culpability.
The insurance adjusters may have timetables to follow and time in which fault can be assigned depending on the state in which the laws/companies are located. In instances where the fault is contested, the claims process will either entail reaching a settlement or demand an insurer undergo further examinations of liability and damages.
Comparative and Contributory Negligence
Adjusters examine comparative negligent law when determining liability and doing so. States such as Missouri use comparative negligence — meaning any degree of fault assigned to each driver means they may hold the proper amount of liability.
If, for example, one driver was 70 percent at fault and the other 30 percent, their liability would be proportionately reduced from any compensation. Under Missouri law, you can still recover compensation if you are up to 49 percent liable.
Some states use contributory negligence in that any fault assigned against the claimant eliminates any possibility of recovery by that claimant from that defendant.
As a result of their analysis of negligence, it is important for a St. Louis car accident lawyer to inform their clients of strategies for making a claim and possibilities of recovery in light of the] negligence standards or as a decision-maker, adjusters will also include these legal standards into the standard operating procedures brain to calculate liability payments or settle a dispute.
Legal Perspectives on Fault Assignment
Legal issues of fault assignment for auto accidents go through a lengthy legal process that can affect the outcome of a claim. It is essential for claimants to understand who legally represents them, as well as how fault can impact their compensation.
Regarding the law, fault is found based on negligence standards and comparative fault rules. Many courts or attorneys are creating standards to allocate fault to parties who participated in the accident when the action is established as negligent.
The Role of Auto Accident Lawyers
Auto accident attorneys, like those at Hipskind & McAninch, LLC in St. Louis, are used in order to shed light on and determine fault. They review police reports, witness statements, and evidence to build a strong case for their client.
Car crash lawyers will negotiate with insurance companies and may challenge the circumstances if the opposing party claims fault is different from your case. They will also come to learn contributory negligence or joint fault, which is inherently a part of the case that insurers rarely pursue.
Choosing a St. Louis car accident lawyer for an insurance assignment and fault study will calculate every potential law and local traffic code violation. More often than not, that legal knowledge increases success in determining fault and assignment of fault.
Impact of Fault on Compensation
Liability or fault directly impacts the amount and type of compensation an injured party can receive. Missouri uses pure comparative fault. Under Missouri’s pure comparative fault rules, if a person is partially at fault, their recovery is reduced according to their percentage of fault.
For example, if a victim is 30 percent at fault, that person would receive a 30 percent reduction in their settlements or awards. Fault can apply to medical bills, lost income, and pain and suffering.
Defendants make will assign there fault determination on the injured party in order to set up a denial of the claim or offer for less than expected. Car accident lawyers in St. Louis can fight unreasonable claims that have low liability. If it was the opposing party’s fault, we can demonstrate that to justify the offer based on the evidence of that party’s liability.
| Fault Percentage | Compensation Eligibility |
| 0-49% | Compensation reduced by fault share |
| 50% or more | Usually no compensation awarded |
Understanding this system is key to protecting one’s legal and financial interests after an accident.