Missouri Personal Injury lawyers are frequently asked questions about legal terms used in personal injury claims. One of the most important terms to understand is the concept of "liability," because proving liability is a main factor in winning your case.
Simply put, liability is a synonym for fault. In a personal injury case, liability has to do with who is responsible for your injury, whether it's a person, a group of people, or a company.
In many auto accident cases, it is easy to establish which driver was at fault. However, there are cases when more than one party bears responsibility for the accident. It might be that most of the liability falls on another driver, but it's possible that some also lies with you. Whoever is found to possess the lion's share of liability will usually wind up paying for the accident.
If it cannot be conclusively established who is at fault for the accident, the insurance company might use this problem to offer a lower settlement or even argue against any settlement.
The Connection Between Liability and Negligence
From what Missouri auto accident attorneys have experienced, most motor vehicle accidents do occur because of someone's negligence or carelessness. They can even result from what is called "criminal negligence," which refers to a negligent act that happens while someone is breaking the law, such as driving drunk. The person or company who was negligent bears liability for the accident, and is responsible for paying damages to the person who was injured.
Proving liability is vital to the success of your personal injury claim and also impacts any settlement offers. Because of this fact, the period of time immediately following your accident is extremely important.
Right after an accident, the events leading up to the collision will be the clearest in your mind. There may be witnesses present who can corroborate exactly what happened. If you have the presence of mind, and do not need to be taken to the hospital by ambulance, you can take pictures of the auto accident for later use as evidence in your claim.
If the cause of the accident is easily established, then liability is as well. For instance:
1) You are rear ended sitting at a red light or stop sign.
2) You are hit by a drunk driver who crosses the median into oncoming traffic.
3) You are riding your motorcycle, and another car comes up next to you in the same lane (which is illegal), causing you to crash.
These cases are very clear cut--the other driver is liable. However, Missouri injury lawyers see many cases where liability is not quite as clear. Here's an example: You are cut off by another driver who is trying to pass, causing an accident--but you were not paying attention because you were talking on your cell at the same time.
Many car crashes do involve liability for more than one party, but usually the party who was more negligent will wind up paying a portion of the damages. Just as you are trying to prove the other driver was negligent, he might be trying to prove that the fault was also yours. The more fault the other driver can lay at your feet, the less he or his insurance carrier will have to pay out.
These kinds of cases might not be either quick or easy to settle. A consultation with a Missouri auto accident lawyer is recommended so you will be aware of the legal issues and complications you are facing.
