Don’t waste valuable time wondering what to do if your car gets sideswiped. Contact the attorneys at Brown & Crouppen Law Firm online or by phone at (800) 536-4357 for your free consultation today.
Steps To Take After a Sideswipe Accident in Missouri
After a sideswipe accident in Missouri, there are important steps to take to maintain everyone’s safety and protect your legal rights:
- Move to a safe location: If possible, move your car to a safe location out of the way of moving vehicles before taking any other action.
- Check for injuries and seek medical attention: If you or anyone else at the scene is hurt, call 911 immediately and ask for medical assistance.
- Call the police and report the accident: For accidents with more than $500 property damage or if a parked vehicle is hit by a driver who leaves the scene, Missouri law requires you to report the accident to the police within 30 days if anyone is hurt.
- Document the scene: Take photos and videos, gather police reports, and gather other evidence to help you build a strong case.
- Exchange information: Missouri law requires all drivers involved in an accident to exchange contact and insurance information to facilitate filing claims.
- File an insurance claim: File a claim with the help of an attorney to receive compensation for losses you sustained.
Who Is at Fault in a Sideswipe Car Accident?
In Missouri, the at-fault driver covers the other driver’s damages. Before compensation can be paid, it’s necessary to determine who that person is. In a sideswipe collision, one or both drivers may be at fault.
Unsafe lane changes, not checking blind spots, or carelessly passing a parked car are all ways a driver can be responsible for a sideswipe collision. While these scenarios may sound like one driver is clearly at fault, determining liability can be complicated. It’s critical to thoroughly document the accident and collect police reports and eyewitness testimony to prove liability after an accident.
Comparative Negligence in Missouri
A driver who is sideswiped may be found partially responsible for the harm they suffered under a legal principle known as comparative negligence.
Missouri follows a “pure comparative negligence” rule, meaning that even if a plaintiff is 99 percent responsible for their damages, they can still recover compensation for the 1 percent of damages caused by the defendant.
If a plaintiff is found responsible for any part of an accident, compensation is reduced by the proportion of fault assigned to them. For example, a plaintiff who is 30 percent responsible for an accident would only receive 70 percent of the total damages they would have otherwise received.
To help prove liability in an accident case, it’s important to take photos and videos, get a police report, and gather eyewitness statements to help show the other party’s negligence and increase your compensation.
How Do Missouri Car Insurance Laws Handle Liability?
Missouri is an at-fault state, which means the person who caused the accident is responsible for covering damages through their insurance. All Missouri drivers have to carry minimum liability coverage of:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $25,000 per accident for property damage.
Even with these requirements, 16 percent of Missouri drivers are uninsured. The driver who sideswiped your vehicle may not have insurance or insufficient coverage, leaving you with uncovered costs related to the accident.
Missouri law also requires all drivers to carry uninsured/underinsured motorist (UM/UIM) coverage. This coverage helps pay for your expenses if you’re in an accident caused by a driver who lacks adequate insurance. Having UM/UIM coverage ensures you’re not left covering the costs of someone else’s negligence.
Recovering Compensation After a Sideswipe Collision
Several types of damages are legally available to you after a sideswipe collision.
Compensation for Financial Losses
Compensation for financial losses is known as economic damages. These damages cover costs resulting from your accident, such as medical bills, lost wages, and property damage.
Compensation for Non-Financial Losses
Compensation for non-financial losses is known as non-economic damages. They cover intangible losses you suffered because of your accident that don’t have specific financial value. These may include pain and suffering, loss of companionship, and loss of enjoyment of life.
Compensation for Reckless or Malicious Conduct
A third type of compensation is punitive damages. These damages are only awarded in cases where the defendant behaved recklessly or maliciously in causing harm to the plaintiff. Punitive damages may be set very high, sometimes in the millions of dollars, to prevent the defendant from harming others in the same way in the future.
A knowledgeable Missouri attorney will identify the different types of losses you suffered and include an estimate of the compensation you deserve for those losses in your complaint.
What Can an Attorney Do for You After a Sideswipe Collision?
Hiring an attorney is crucial to recovering compensation and protecting your legal rights after a sideswipe collision. A reliable car accident attorney can guide you through the legal process, from gathering evidence and filing your initial claim to negotiating with insurers and arguing your case in court if necessary.
Some parts of the legal process are more challenging than others. Disputes over liability, claim denials, and lowball settlement offers from insurance companies are all hard to argue on your own. Insurers will always have their own legal teams. Hiring your own attorney helps level the playing field and means you have someone fighting just as hard to secure the compensation you deserve.
Enlist the Help of the Missouri Sideswipe Attorneys at Our Firm Today
After a sideswipe collision, you need an attorney you can trust. At Brown & Crouppen, we’ve secured over $1 billion in compensation for victims of car accidents and other injuries. Our firm has won awards in Missouri and nationwide for our top-notch legal services.
We believe finances should never be a barrier to effective representation, so we never charge up-front costs. You don’t owe us a cent unless we win your case.
Don’t wait to reach out to an attorney after a sideswipe collision. Call (800) 536-4357 or contact us online for your free legal consultation today.
