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3 Reasons It May Be a Challenge to Prove Negligence in Your Car Accident Case

If you have been involved in a St. Louis car accident, you may find that it is rather difficult to prove the other party acted negligently.

Over 37,000 people die in road crashes each year in the United States, and an additional 2.35 million are injured or disabled. Road safety is a concern for many Americans. As much as the states imposed rules for safe driving, and drivers exert caution while on the road, the reality is these events still happen.

st. louis car accident case

If you’ve been involved in a car accident in Missouri, one option you have to cover medical costs and car repairs is to file a car accident claim and get the other driver to cover your costs through their auto insurance. However, this is sometimes easier said than done. Here are 3 reasons why proving negligence in your car accident case may be a challenge.

1. You Have the Burden of Proof

When each side has their own version of events, usually one will make the accusations, and the other side will defend themselves. If you are the plaintiff, then you will have to come of up evidence to support your claim. The other driver, however, only has to defend themselves, not also provide evidence of what actually took place.

This generally means that if the evidence is not solid, you will have a difficult time winning your case.

2. Negligence Is Complicated to Prove

The word negligence in Missouri law essentially means the other driver was careless in their actions and failed to present a reasonable and foreseeable outcome.

That said, it means you have to prove the driver’s action was careless, and although they knew or could have foreseen the car crash, chose to ignore the possibility. For instance, if the driver tried to shift lanes without making sure it is safe to do so, you could prove negligence. However, if you also made a mistake, then it could be argued that the driver that hit you could not foresee the outcome and that you also contributed to the collision.

3. The Insurance Company May Step in

In most cases, you’re not just dealing with just the other driver, you are also dealing with their insurance company. While you will present evidence to support your claim and justify the settlement you are asking for, the insurance company will conduct its own investigation and try to rebut your arguments.

They do it in the hopes of paying you as little as possible. Otherwise, the company sees it as a loss. And because of that, proving negligence can be even more difficult, as you are effectively dealing with two parties trying to prove you wrong.

Speak With an Experienced St. Louis Car Accident Attorney

To be on the safe side, reach out to a St. Louis car accident attorney and let them represent your interests in this matter. It’s the best way to make sure you get the full amount of benefits you are legally entitled to. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.

Updated: February 5, 2024