In St. Louis, both drivers can be at fault in a car accident under Missouri’s comparative fault system, assigning each a percentage of responsibility.
Car accidents often raise many questions, especially regarding liability. One of the most common queries is, “Can both drivers be at fault in an accident?” The short answer is yes. In St. Louis and throughout Missouri, the law recognizes that more than one party can share responsibility for a collision. This concept is known as “comparative fault.”
Understanding that both drivers can be at fault in a car accident can significantly impact how you approach your case. Missouri’s comparative fault system carefully evaluates each driver’s responsibility to determine the appropriate compensation. In such a situation, seeking legal advice can help you navigate the complexities of shared fault and secure a fair outcome.
Chris Hoffman is an excellent attorney. He is the best above the rest. What makes him different? He communicates promptly - I don't have to leave message after message for him to reach out to me. When I telephone his office, if he doesn't answer the telephone, his assistant does. Chris Hoffman is very attentive and focused. He means business, and he hit the ground running on the cases. I'm so blessed to have him for my attorney.
"Of all the lawyers I have met, this one is a true professional. This attorney goes against the biggest law firms and wins!"
Response from the owner:The compliment is much appreciated. Like every profession, it all starts with training our lawyers to be the best at every aspect of car accident cases. But the foundation of a great case is a great client. Thanks!
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Response from the owner:Much appreciated. Techniques that an attorney or any professional uses are paramount for success. This is part of our lawyers training and preparation. It leads to success. Thank you!
People say this is the best car accident lawyer in St.Louis. Yep! Seeing this attorney in action is incredible.
Response from the owner:Great compliment. We work hard to be the best. Our lawyers also work very hard to help other lawyers in our profession. Not matter what, a cases is only as good as the client is. Thanks!
Response from the owner:Thanks! Referrals and recommendations from prior car accident clients is our #1 source of cases. People who grew to trust us send family and friends.
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Response from the owner:Being in good hands is important. Many lawyers take cases with little experience and little resources. Our firm specialized decades ago. We are focused exclusively on accident cases.
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Response from the owner:Thank you. The TV attorneys are just settlement mills. People are hiring a paralegal, not a lawyer. Our law firm is different. You are represented by an attorney and we do not have settlement quotas.
I would describe this lawyer as highly educated, sharp, and top of his game. Explains the car accident process and treatment options well. The lawyer said if they don’t pay you, we will have the jury take it from the insurance company. Great lawyer. Dynamic person.
Interviewed all the TV car accident lawyers and decided to call this law firm that had great reviews. So happy I did. What a difference!
Response from the owner:TV car accident lawyers are just mass production. This is not a good fit for litigated cases. Paralegals instead of lawyers. Monthly quotas for settlements. Car accident victims end up in a cattle call with the lawyers on TV.
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Response from the owner:Our lawyers train and track the best approaches on cases. Whether litigation in cases or the practicalities of certain treatment, the growth of our lawyers over time is paramount. Always staying ahead of and setting practice trends. Thank you.
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Response from the owner:This is a sad reality for car accident lawyers. The #1 passenger in an auto accident is a relative. Helping a family make it through this and putting the family back together is one of the most rewarding things I do as an automobile accident attorney.
This lawyer handles really big accident cases in St Louis. He is a lawyer, accountant and has his masters in tax so he gets the injury cases for individuals that can never go back to work or individuals own a business and cannot run it due to injury. He specializes in valuations of massive loss. Thank goodness a firm like this exists.
Response from the owner:Thank you. When accident are severe and you lose the ability to work or to continue a business, having an accounting and tax background is key. Valuing large losses are second nature for us.
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Response from the owner:Our attorney have deposed nearly all the trauma surgeons at every Level 1 Trauma Center in Saint Louis. These doctors save lives after a car accident. Whether controlling bleeding or reestablishing blood flow or bone structures, they are life savers.
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Response from the owner:Our law firm has made great efforts in terms of training to handle life changing injury cases. Whether in depth knowledge of the medical, loss of income and earning capacity, or lifetime medical care plans, our clients feel confident and know their case is in good hands. Thank you for the compliment.
Cannot say enough about this lawyer. Call if in an accident. This attorney handles the biggest car accidents in St Louis.
Response from the owner:Thanks Ash! Our biggest source of cases is our clients. Our second biggest referral source is defense lawyers telling their relatives to call us. Few lawyers can handle the largest cases. Our law firm welcomes and has trained for this. We don’t do mass production settlement like the lawyers on TV. Our clients can never go back to work. Their cases need massive focus and effort and often long fought litigation.
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Response from the owner:Thanks Taylor. Our lawyers answer the phone day, night, weekends and even during lunch. Being professional means training to beat the best defense lawyers. Client rely on us to get results and we do.
Great lawyer. Cares about his clients, knows his stuff and goes the extra mile. I recommend this lawyer for car wreck injury claim. Every other lawyer on TV would not even help with my property claim. This attorney did.
Response from the owner:Thank you for the kind words. Every case starts with a great client. You are correct the car accident lawyers on TV are mass production settlement mills. When injury clients fire them, we get their files and the cases are not worked up at all. Appreciate your confidence in us!
Understanding Comparative Fault
Missouri operates under a pure comparative fault system. This means that each driver involved in an accident can be assigned a percentage of fault, directly affecting the compensation they receive. For instance, if Driver A is found to be 30% at fault for the accident and Driver B is 70% at fault, any damages awarded will be reduced by their respective percentages of fault.
How Fault is Determined
Determining fault in a car accident involves a thorough investigation. Law enforcement, insurance companies, and sometimes the courts will examine evidence such as:
Police report: Officers at the scene will document their observations and any witness statements, providing an initial assessment of fault.
Witness statements: Testimonies from those who saw the accident can provide crucial insights.
Traffic laws: Violations of traffic laws (speeding, running a red light, etc.) often contribute to determining fault.
Accident reconstruction: Experts may reconstruct the accident in complex cases to understand how it occurred and who was at fault.
Examples of Shared Fault Scenarios
Several scenarios can lead to both drivers being at fault. Here are a few common examples:
Rear-end Collisions: While the trailing driver is often presumed to be at fault, the leading driver might share fault if they stopped suddenly without warning or had malfunctioning brake lights.
Intersection Accidents: If both drivers enter an intersection from different directions and collide, they might be found partially at fault if neither yielded the right-of-way.
Lane Changes: If two drivers change lanes simultaneously and collide, both may share fault if neither signaled correctly or checked their blind spots.
Implications of Shared Fault
When both drivers are found to be at fault, their compensation is adjusted based on their degree of responsibility. For instance, if you suffer $10,000 in damages but are found to be 40% at fault, you would only receive $6,000. This system aims to fairly distribute the financial burden based on each party’s contribution to the accident.
Protecting Your Rights
If you are involved in a car accident in St. Louis and believe both parties may share fault, consulting with an experienced car accident attorney is crucial. At The Hoffmann Law Firm, L.L.C., we have extensive experience handling complex car accident cases. We can help ensure your rights are protected. We will work diligently to investigate your case, establish the extent of fault, and fight for the compensation you deserve.
Speak With a St. Louis Car Accident Lawyer
Understanding that both drivers can be at fault in a car accident can significantly impact how you approach your case. Missouri’s comparative fault system carefully evaluates each driver’s responsibility to determine the appropriate compensation. In such a situation, seeking legal advice can help you navigate the complexities of shared fault and secure a fair outcome.
Contact The Hoffmann Law Firm, L.L.C. today for personalized assistance and experienced legal representation. Our St. Louis car accident lawyers have over 25 years of experience and are committed to helping you understand your rights and achieve the best possible result in your car accident claim.
Why Choose Us over TV Lawyers?
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Volume-Driven Timelines
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Free Consultation with a St. Louis Car Accident Lawyer
Don’t talk to an insurance claims adjuster before speaking with The Hoffmann Law Firm, L.L.C. We can help you avoid making statements that may affect the outcome of your case. The consultation is free; you don’t pay unless we get you money!
