There are many types of motor vehicle crashes that occur regularly in Missouri. Vehicles can collide with each other, strike pedestrians or even end up in single-vehicle collisions because of animal activity on the road.
After a crash occurs, the people involved who are not at fault may be able to seek compensation. Often, insurance claims provide basic financial support for those with mild to moderate crash costs. However, in more severe cases, the people involved in a wreck may need to file a lawsuit. Those coping with the aftermath of a recent collision may have questions about whether or not their circumstances justify litigation.
What are the basic requirements for a crash-related lawsuit in Missouri?
Negligence or clear misconduct
Some car crashes occur due to inclement weather or other unusual factors. However, the vast majority of wrecks are the result of what people do or do not do in traffic. If a collision occurs because one driver doesn’t follow traffic laws, the other parties involved may have grounds to take legal action.
Even if a driver’s behavior wasn’t technically illegal, litigation may be possible when their behavior on the road was clearly negligent. The plaintiffs initiating the lawsuit need evidence supporting their allegations that the other driver was overtly unsafe or broke the law prior to the crash.
Expenses insurance can’t cover
For a lawsuit to be an option, the party filing the lawsuit needs to have damages to claim. In scenarios where insurance coverage is adequate to pay for medical care and vehicle damage expenses, the people affected by the wreck may not have reason to take the matter to civil court.
However, many drivers carry insurance with low policy limits. If the crash costs are well beyond what insurance may cover or the driver at fault for the wreck does not have insurance, the injured party or the surviving family members of someone who died in the crash may have grounds to take legal action.
Discussing a car crash and its aftermath at length with a skilled legal team can help people evaluate whether their situation warrants taking legal action. Those who understand personal injury and wrongful death rules can use that information to hold others accountable for misconduct and negligence in traffic.