Wherever they occur, head-on collisions can lead to serious injuries or death. According to the state Department of Transportation, as many as 600 Missourians are killed in car accidents each year. If you were hurt in a head-on collision, you may be entitled to compensation for your harm.
File a Lawsuit After a Car Accident
People injured—or the family of a person killed—in a car crash can file a negligence or wrongful death action against the person or entity responsible. A negligence lawsuit consists of four essential parts: 1) a duty of care owed to the victim, 2) the defendant’s breach of that duty through some careless conduct, 3) a causal link between the defendant’s breach and the accident, and 4) quantifiable damages that the victim incurred.
“Duty” is a legal term that refers to the standard of care we all must use. All drivers owe a duty of reasonable care, which means that they must avoid unreasonable behavior that endangers the people around them.
A defendant breaches this duty when he or she fails to act with the required standard of care. A driver might breach the duty, for example, by driving distracted or crossing the double yellow line. In most cases, any violation of traffic rules or needlessly risky action, such as failing to reduce speed in bad weather, is likely to be considered a breach.
Causation consists of two sub-elements: causation in fact and legal causation. Causation in fact is often called “but for” causation because of the test used to determine its existence. If the victim would have avoided harm but for the defendant’s careless behavior, the defendant is a cause in fact of the victim’s injuries. Legal causation is more nuanced. If the accident was a foreseeable result of the other driver’s breach, he or she would probably be deemed to have been a legal cause of the crash. It isn’t necessary to show that the defendant is the sole cause of the accident, but he or she at least must have substantially contributed to it.
If the victim can prove duty, breach, and causation, the last step is to identify actual damages that resulted from his or her injuries. Prevailing individuals in a negligence lawsuit may be entitled to collect compensation for a wide variety of physical, emotional, and financial types of harm. This includes reimbursement for medical expenses, property damage, and lost wages, as well as damages for physical pain and suffering and emotional distress. In rare cases when a defendant acted with a reckless disregard for the safety of others, the court may also award punitive damages.
Hire a Trusted Missouri Car Accident Lawyer
Missouri law gives people who are hurt by a negligent driver the right to seek compensation for their injuries. The team at The Law Office of Uhrig & Brown have significant experience helping victims from across the state assert their right to damages. If you were injured in a head-on collision, we will work hard to pursue the money you deserve.
