After most car accidents, both parties will blame the other for causing the accident. Regardless of how obvious the other individual’s fault is, you should immediately expect that a careless driver will not take responsibility for the damage or injuries that they’ve caused. Sometimes, of course, they do, but you shouldn’t count on that.
So the question becomes: What should I do to protect my lawsuit or insurance claim?
What You Can Do to Help Your Case
After some accidents, you won’t be able to do much of anything. You’ll either be unconscious or in shock. However, in the age of smartphones, there is plenty you can do to protect your claim when the other driver was negligent.
- Check for surveillance cameras – No matter what words come out of the other driver’s mouth, they won’t be able to explain away why they changed lanes without looking or tried to pass another car to the right. If there are surveillance cameras around, they will show what happened and who’s at fault. So the first thing you can do is check around for surveillance cameras, which can provide primary evidence for your case.
- Take pictures – If it’s safe for you to move without causing yourself further injury, then you can take pictures of the damage to both cars which can be used to reconstruct the accident. You can also take pictures of the license plate of the other car and be sure to get pictures of any witnesses that may be around.
How is Negligence Proven?
In the case of a Kansas City car accident, negligence is proven by showing that one of the other drivers failed to obey the rules of traffic and this caused an accident. In some cases, road conditions can be blamed. Typically, however, there was one driver who was either speeding, distracted, or who failed to yield the right of way who precipitated the car accident. In other cases, both drivers may have contributed to the accident if both drivers were driving carelessly.
A plaintiff shows negligence against a defendant by proving that the defendant violated their duty to obey the laws of traffic and that this violation resulted in injuries to the plaintiff. The case is made by showing how the accident occurred and using physical damage from both vehicles to prove that point. Witness and police statements can also be used as well as any surveillance footage that may have caught the accident.
In cases where the defendant successfully blames the plaintiff for all or part of the accident, it can reduce their liability. But unless they can prove that the plaintiff was solely responsible for the accident, it does not eliminate their liability. The defendant is still responsible for paying whatever percentage of the total damages that they are responsible for. If they are 50 percent responsible for the accident, then they pay half the total damages.
Talk to a Kansas City Car Accident Attorney
If you’ve been involved in a serious car accident in Kansas City, having an attorney manage your claim will ensure that the insurance company doesn’t pay you less than your claim is worth. Talk to the attorneys of the Krause & Kinsman Law Firm and set up a free consultation today.
Adam Krause is a personal injury, mass tort, business litigation, and employment discrimination attorney who practices in Kansas City, Missouri. He graduated from the University of Missouri Kansas City School of Law and has been practicing law for several years now. Adam Krause has made a career of taking complicated litigation and presenting it in the most elementary terms for a jury of your peers to understand. Learn more about his experience here.