The moments after a car crash are often a blur of shock and adrenaline. You might be dealing with physical pain, a wrecked vehicle, and significant financial responsibilities. It's a heavy burden to carry, and it's natural to feel uncertain about what comes next or how you can manage the mounting bills and missed work.
At The Law Office of Steve Slough, we understand how car accidents can affect you and your family, especially when they were caused by someone else's negligence. While insurance companies often try to dispute fault, comparative negligence laws still allow you to pursue compensation even if you were partially at fault for the accident.
Located in Clayton, Missouri, our attorney serves clients throughout St. Louis and St. Charles County, as well as St. Clair County and Madison County, Illinois. If you're worried about how your actions during a car accident might impact your claim, our firm can help. Reach out to us today to schedule a free consultation.
Missouri follows a "pure comparative negligence" rule. This means that even if you're found to be 99% at fault, you can still technically recover 1% of your damages. While that's an extreme example, the core idea is that your compensation is reduced by your percentage of fault.
This system doesn't completely bar you from seeking justice just because a mistake was made. However, insurance companies often try to shift as much blame onto you as possible to minimize their payouts.
At The Law Office of Steve Slough, we can help you push back against these tactics to keep your fault percentage as low as possible. Several factors that can influence how fault is determined in a crash include the following:
Speeding and traffic violations: If you were speeding, it might be argued that you couldn't stop in time to avoid a collision.
Distracted driving: Even if the other driver hit you, you could be deemed partly responsible if you were using your phone or were otherwise distracted.
Vehicle maintenance issues: Broken taillights or worn tires can sometimes contribute to an accident.
Understanding these elements is vital for building a strong case. Our firm can help you present a clear picture of what actually happened. Don't let an insurance adjuster convince you that you don't have a claim before you've talked to an attorney.
Illinois follows a "modified comparative negligence" rule with a 51% bar. This means that, if you were partially at fault for the accident, you can still recover damages so long as your fault is 50% or less. A 2% difference in fault could be the difference between a significant settlement and getting nothing at all.
Therefore, gathering detailed evidence, such as police reports, witness statements, and video footage, is essential to support your claim. The key types of evidence you should collect following a car accident include the following:
Police reports and citations: Law enforcement officers often note who they believe violated a rule of the road in the official police report. Obtain a copy for your records.
Eyewitness testimony: People who witnessed the crash can often provide an unbiased account of both drivers' actions.
Accident reconstruction data: Accident reconstruction specialists can use skid marks and vehicle damage to determine the speeds and impact angles of the vehicles involved.
In a modified comparative negligence state, an Illinois car accident attorney can handle negotiations with the insurance company on your behalf and advocate for a fair determination of fault.
In any car accident claim, the quality of your evidence dictates how comparative negligence is applied. Without clear proof, it's your word against theirs, and insurance companies will always favor their own bottom line.
At The Law Office of Steve Slough, we can help you build a comprehensive file that shows exactly how the other driver's choices led to your injuries. It isn't just about who hit whom; it's about the specific timing and actions of everyone involved. By looking at the whole picture, we can establish proof to help reduce the fault attributed to you.
Whether this involves examining black box data from vehicles or identifying environmental factors such as poor road signage, several types of documentation can be used to support your version of events:
Photos of the scene: Images and video footage of the vehicle positions and debris can help show how the collision occurred.
Medical records: Your injuries can sometimes help establish the force and direction of the collision.
Cell phone records: Mobile device usage can be used to prove whether the other driver was paying attention at the time of the accident.
Gathering this info quickly is key because evidence can disappear and memories fade. If you have questions about the types of evidence you should collect after an accident, contact our experienced Missouri personal injury attorney for guidance.
Insurance adjusters are often friendly, but their job is to limit the insurance company's payouts. They might ask leading questions or try to get you to admit fault in a recorded statement. These tactics are designed to use comparative negligence against you. It's best to let your lawyer handle these conversations so you don't accidentally impact your claim.
At The Law Office of Steve Slough, our goal is to present the objective truth to support your claim. Adjusters might use various methods to try to lower your settlement, including asking for recorded statements, downplaying the other driver’s errors, and rushing a low settlement offer. We can handle these interactions to keep the focus where it belongs: on the other driver's negligence.
Comparative negligence is designed to help you recover a portion of your available compensation, even if you were partially responsible for the accident. However, it can be confusing to understand how it might impact your case.
At The Law Office of Steve Slough, our attorney, Steve Slough, is dedicated to helping you pursue fair compensation following an accident. Located in Clayton, Missouri, we serve clients throughout St. Louis and St. Charles County, as well as Madison County and St. Clair County, Illinois. Contact us today to schedule a free consultation.
The moments after a car crash are often a blur of shock and adrenaline. You might be dealing with physical pain, a wrecked vehicle, and significant financial responsibilities. It's a heavy burden to carry, and it's natural to feel uncertain about what comes next or how you can manage the mounting bills and missed work.
Being involved in a drunk driving accident will often result in vehicle damage, missed work, comprehensive medical care, and difficult questions about what happened. Proving liability proof in these cases is essential. You can't rest a claim on the fact that another driver was impaired alone. Instead, you will need to provide sufficient evidence showing how that driver’s conduct caused the crash and your resulting injuries.
When a workplace injury prevents you from working, the sudden loss of income can create stress and uncertainty. Medical appointments, physical limitations, and financial pressure often arrive at the same time. For many injured workers, proving that they qualify for temporary total disability benefits is an important step toward stability during recovery.
