Even the safest drivers can be involved in a devastating accident. One of the most common types of car accidents is a side impact crash, which occurs when another driver’s vehicle makes contact with the side of your vehicle. At The Law Office of Uhrig & Brown, we know just how painful the consequences of a severe side impact crash can be.
Hold a Negligent Driver Responsible for Your Injuries
Missouri law requires you to show that the defendant, usually another driver, was operating his or her vehicle negligently. Negligence has four elements: duty, breach, causation, and damages. Let’s take a look at each one.
- To satisfy the first element, duty, you must show that the defendant owed you a duty of reasonable care. In general, this means that each driver on the road must operate their vehicle in the same way that a reasonably prudent driver would handle their vehicle in similar circumstances. In other words, drivers must always handle their vehicle in a safe manner.
- The second element, breach, requires you to show that the defendant breached that duty of care with negligent or reckless behavior. Examples can include failing to yield the right of way, failing to adhere to a red light, or weaving out of the proper lane. Many side impact accidents happen in intersections and parking lots.
- To prove the third element, causation, you must show that you would not have been hurt if the defendant had not acted recklessly.
- The fourth element, damages, requires you to show the extent of your costs and losses. Common categories of compensation that you may be able to recover in a side impact accident include medical expenses, physical therapy, lost wages, loss of future earning capacity, vehicle repairs, and pain and suffering.
At high speeds, side impact collisions can result in severe injuries, including spinal cord damage, brain trauma, broken bones, and deep tissue bruising. According to Missouri law, in some situations the spouse of the victim may bring a claim for loss of consortium, which recognizes the pain and suffering that the spouse experienced as a result of the harm to their loved one.
Enlist a Missouri Car Accident Attorney
Being the victim of another driver’s carelessness can be one of the most stressful experiences that you can endure. If you are faced with this situation, be sure to have a trusted lawyer on your side.
