Civil Lawsuits & Car Accidents: What You Need to Know

Did you know that there were an estimated 6,102,936 car accidents reported to the police in 2021 alone? A car accident can leave you with more than just personal injuries. The medical bills alone are stressful enough – trying to make ends meet while recovering and being unable to work is the icing on the cake. That’s why you need a lawyer to help you resolve your claim and if necessary, file a civil lawsuit – so you can get the compensation you need from the driver who caused the accident in the first place.

How Common Are Car Accidents?

Alarmingly, the number of car accidents in the United States has been steadily rising for the last few years. Below are just a few statistics to give you an idea of the threat that car accidents and unsafe driving practices pose.

  • Speeding played a role in 29% of all car accidents in 2021.
  • Car accidents are the leading cause of death for people aged 1-54.
  • There are an estimated 3 deaths related to motor vehicle accidents per every 100,000 people.
  • Drivers between the ages of 16-19 are three times more likely to die in a car accident than drivers aged 20 years and older.

What’s a Civil Lawsuit?

A civil lawsuit is a legal action that does not impose criminal penalties, but is for money damages only. According to Missouri personal injury law, anyone who has been injured in a car accident caused by another driver has the right to file a civil lawsuit against the party at fault to recover their economic and non-economic losses.

Remember: the Missouri Statute of Limitations states that the car accident victim must file the lawsuit within five years of the day of the accident. If the accident results in a death, the limitation is only three years.

Sometimes, injuries go unnoticed until it is too late to take action. This is one of the many reasons that car accident survivors must visit the ER after a collision – even if they “feel fine.” There could be underlying issues in need of medical attention that are not felt yet due to adrenaline.

Deciding Fault in Missouri

What if the other driver is clearly at fault, but you had a small part to play in the car accident too?

Missouri is a pure comparative fault state, which means that the damages you can recover will be reduced by the percentage of fault you hold for the accident.

For example:

Let’s say the jury finds that you are entitled to $200,000 for your personal injuries, lost wages, and pain and suffering.

Let’s say the jury also found, however, that you are 10% responsible for the accident.

This would simply mean that your award would be lessened by 10%, so instead of receiving $200,000, you would get $180,000.

There is no black and white way of determining fault percentages, which means that ultimately how much fault is assigned to you depends on how well you can negotiate with a claims adjuster or persuade a judge and jury. It’s best to have a lawyer in your corner to handle it for the best possible outcome. An experienced attorney will have the experience to help predict what a jury would do and make a realistic evaluation of your case.

Why Hire an Attorney?

Filing a civil lawsuit for a car accident is no walk in the park if you don’t know the law and the procedures. While anyone, lawyer or not, can file a lawsuit, lawyers who don’t practice regularly in the field or have experience with cases can make the same mistakes as lay people. You only get one chance to recover your losses so it is unwise to trust your case to someone without the right expertise. A quality personal injury lawyer will assist you with the following.

  • Proper and timely submission of your claim and advise when a lawsuit is necessary.
  • Gathering and presenting evidence to support your claim such as:
    • Medical records.
    • Security or dashcam
    • Receipts
    • Photos of the damages.
    • Expert testimony.
    • Police reports.
  • Going over your claim with you to prevent any self-sabotage.
  • Handling communications with insurers.
  • Calculating the value of your personal injury including future related expenses.

If You’ve Been in an Accident

If you’ve been in a traffic accident, follow these steps to ensure your safety, and protect your claim.

  • If possible, move your vehicle off the road to prevent further collisions.
  • Call 911, even if the accident seems minor. Having a police report available can come in handy later.
  • Take photos of the other vehicle’s license plate, vehicle damage, and collect identification and insurance information. It’s a good idea to write these things down or take pictures with your cell phone.
  • Exchange the following information with everyone involved:
    • Name, address, phone number.
    • Driver’s license number.
    • Name of insurer, and insurance policy number.
  • Gather names and contact information from eye witnesses.
  • Take pictures of damages to your vehicle, and any injuries.
  • Go to the Emergency Room or Urgent Care (if the injuries don’t appear to be severe) to be examined.
  • Ask a friend or family member to report the accident to your insurance company, and do not provide any signatures or statements until you’ve spoken to your lawyer.
  • Hire a personal injury attorney.
  • Do not discuss your case with others or on social media.

If you’ve suffered personal injuries in an accident caused by another driver’s actions or negligence, contact us as soon as possible. Schedule your initial consultation for free legal advice from an experienced and compassionate St. Louisattorney near you.