Why Fault Matters in Auto Accident Claims

Why Fault Matters in Auto Accident ClaimsWho Is Responsible?

The first thought that comes to many people’s minds after a car accident is “who is at fault?” We know the person at fault will be the one paying for the damages. Most people are concerned with the financial aftermath of an accident, so determining who was at fault is often a matter of pointing fingers, that is until attorneys are involved. Fault is a highly contentious issue because, in many cases, the person at fault is the person found liable. Liability is a more specific legal concept than fault. Simplified, liability determines who has a right to compensation. Thus, the person at “fault” is often the one faced with the bill.

Determining Liability

Many factors can influence who is found liable for an auto accident. All Missouri drivers have a duty to operate with the highest standard of care when on the road. Failing to do so through negligence, recklessness or intentional acts can render one liable for any damages he or she caused. Damages in an auto accident typically include property damage, medical bills, lost wages and pain and suffering.

Determining liability is a matter of asking who failed to operate with the highest standard of care, but the answer isn’t always clear. When one of the drivers received a traffic citation, establishing liability can be more straightforward. But even when one driver was in clear violation of the law, insurance companies may still argue that the violation did not cause the accident. In some cases, an insurance company may try to argue the wronged driver was partially liable, thus reducing the obligation the company has to pay that person.

As you can see, liability is a frequently disputed fact in auto accident claims, and a personal injury attorney familiar with Missouri law should carefully navigate such disputes. Never underestimate the strategic tactics of insurance companies, as they are experts at disputing liability, denying legitimate claims and protecting their, not necessarily the policyholder’s, best interests.

If you’re involved in a liability dispute, the time to reach out to an attorney is now. A skilled Missouri personal injury attorney can help you establish liability so you can receive the compensation you deserve. Insurance companies employ a wide range of tactics to turn liability disputes against the wronged party, and it often takes involving a fierce legal advocate to set the tables straight and hold the liable party fully accountable.

You need a strong legal advocate when filing an auto accident claim. If you need trusted legal guidance in Cass County, Kansas City or the surrounding areas, the Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC can help. The attorneys at Missouri DWI & Criminal Law Center have the skills and experience needed to guide Missouri residents through some of life’s most challenging moments. Trained at the nationally renowned Gerry Spence Trial Lawyers College and mentored under award-winning trial attorney and firm founder Kim Benjamin, you can trust our attorneys will fight with determination to get you the best outcome possible. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation with one of our fierce legal advocates today.


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