Proving Liability

Car accident laws vary by state, and determining liability in an accident is one of the most crucial factors in determining a case outcome. In some states, there are “no-fault” statutes that require all parties to use individual insurance coverage regardless of who was at fault. The state of Missouri is not one of these states. 

What Must Be Proven to Establish Fault in a Car Wreck

  • The driver had a duty to exercise reasonable caution on the road.
  • The driver who caused the accident was negligent and did not fulfill the duty of exercising reasonable caution when driving.
  • The actions of the negligent driver caused injury or wrongful death.

In some cases, there may be shared liability. A driver who was injured in an accident and was partially at fault may still be awarded damages. In these cases, the court will determine percentages of liability and both parties will be awarded accordingly. This type of shared liability is called pure comparative fault.  

Product liability can also be a cause of auto accidents, but as long as you hire the right car accident and Kansas City product liability attorney to protect your legal rights, you will be okay. Parties may encounter modified comparative fault in some states. In these cases, a party can only collect damages if he or she is liable for less than 50% of the cause of the accident. The third type of shared liability is called contributory negligence. For this type of liability, any person who is partially or wholly the cause of an accident will not be able to collect compensation in a case.

Auto Accident Injuries in Kansas City

While there are a number of different types of auto accidents, there are also many different types of serious injuries auto accidents victims can suffer.

Common Injuries in Auto Accidents

What to Do After a Car Accident

If you are involved in a car accident, do not panic. Our staff is highly experienced in dealing with several types of vehicle accidents. These include truck accidents, collisions involving motorcyclists, and cases involving distracted or drunk driving. We encourage settlements during the discovery process, but will uphold your claim in court when necessary. 

Our staff is committed to prosecuting your case while making as few court appearances as possible. We encourage all clients to stay calm and levelheaded during the accident discovery process. Never speak about who is at fault or why, and do not speculate about accident details. For instance, do not share suspicions that another driver was intoxicated or distracted, even if evidence points to those conclusions. However, you should speak to fellow witnesses and gather as much accurate information as possible. 

What to Take Note of After Your Kansas City Car Accident

  • Road conditions
  • Vehicle conditions
  • How many vehicles and drivers were involved
  • Injuries, no matter how minor – note all bumps and bruises
  • Weather conditions, particularly if heavy precipitation is involved

Fowler Pickert Eisenmenger Norfleet recommends taking pictures when possible, as photographic evidence is more reliable than verbal testimony. Additionally, get medical attention as soon as possible. Some injuries don’t show up until weeks after the car accident, so it’s important your physician gives you a thorough exam. He or she can tell you what symptoms to watch for – bruises, residual soreness, or reduced ability to use certain limbs or digits. A full medical exam will also determine the presence of any internal injuries. These may require operations or physical and occupational therapy, which may influence your case’s outcome.

Why You Should Hire Fowler Pickert Eisenmenger Norfleet for Your Car Accident Case

At Fowler Pickert Eisenmenger Norfleet, we want to help you deal with the physical and emotional stress of car accidents. Our team has the experience to aggressively fight for your justice and the compassion to keep you in direct contact every step of the way. We only take on the cases we firmly believe we can win, giving us the ability to provide you with more individualized attention.  

The Advantages of Using Our Firm Following A Kansas City Car Accident

  • Each of our Kansas City accident cases is handled on a contingency fee basis. If we don’t win your car wreck case, you won’t pay.
  • We have secured over $17 million in settlements and verdicts for our clients.
  • Our Kansas City accident lawyers have experience working with car insurance companies. If we believe that they are treating you unfairly, we will take them to court.
  • If the settlement offered is less than your case is worth, we will not accept it. Instead, we will continue to fight for the compensation that you deserve.
  • With over 10 years of experience, Fowler Pickert Eisenmenger Norfleet has the experience and resources you need to properly investigate and litigate a case.

Have You Or a Loved One Been Injured In A Kansas City, Missouri Car Accident?

If you've been hurt in a Kansas City area car accident you should speak with an experienced car accident lawyer as soon as possible. Please feel free to contact us online or call our office directly at 816.832.4688 to schedule your free consultation. We are proud to serve Kansas City, Missouri and the surrounding area and look forward to speaking with you.