Talk to a lawyer for Free 24/7 (314) 361-4242 : Determining who is at fault in a car accident can be a complicated situation.
When you are in an auto accident in St. Louis, the first thing you have to do is to determine who is at fault and liable to pay for any damages and injuries. When only two cars are involved, deciphering who is at fault can be simple. But there are times when there are multiple drivers, pedestrians, bicyclists, or even when both drivers might be found partially responsible, which can make defining fault for liability purposes more problematic. Missouri is an at-fault state, which means whoever is found at fault and negligent for the accident is liable to pay for the cost of damages.
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!
I'd say this lawyer is in the top three of the best you'll ever see. Add this attorney to the interview list if you ever get in an automobile accident. This Law Firm is on another level.
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.
The Hoffman law firm is truly professional. After hiring them I was truly relieved and knew I was in good hands. Highly recommend!
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.
The lawyers on tv just dont compare for auto accident injury cases. Mr.Hoffmann is as good as they get.
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.
Love my car accident lawyer. This law firm is a step above.
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.
Serious family member have a car accident injury? Look no further. This litigator is for real. Always two steps ahead of the other lawyer.
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.
Asked a trauma surgeon who operates on car accident victims who are the best injury lawyers that have taken his deposition. He said “by far” it was Mr Hoffmann. Interviewed several attorneys and this was a correct assessment. In a league of his own!
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.
Few lawyers in St. Louis can handle the biggest injury cases! This is one of them!
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.
So glad I called attorney Hoffmann. This time I got it right! So glad I hired the Hoffmann Law Firm - professional, reliable and available.
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!
Determining Fault
Although it is an at-fault state, Missouri uses a pure comparative fault system. That means that drivers are awarded damages based on a predetermined percentage of how responsible they are for an accident. Once the cost of the damages is calculated, each party is responsible for paying their portion or percentage of liability.
Since St. Louis goes by the pure comparative fault system, it’s always a good idea to hire a St. Louis auto accident attorney to protect yourself. If the accident is not clearly due to the negligence of just one driver, you will want a professional who can help you go through the complexity of ascribing percentages of liability. The reality is that the less you are found to be at fault or negligent in any car accident, the less you have to pay for the other party’s injuries, and the more you are entitled to receive.
Common Law
The simplest way to determine who is at fault in an accident is usually done by using common law theory. Common law theory uses four levels to figure out who is at fault and liable to pay for an auto accident. Those four levels are:
Negligence
Wanton conduct or recklessness
Strict liability
Intentional misconduct
Negligence is a theory that states that either someone did something wrong that was responsible for the accident, or that they failed to do something that directly caused the accident. When who is at fault is determined by negligence, there is no intent ascribed. The person did not intend for the accident to happen, but the accident happened because of their actions.
Wanton conduct or recklessness is different from negligence. Wanton conduct or recklessness refers to something that someone did willfully to cause an accident. Excessive speeding or driving while under the influence are both wanton or reckless actions that would lead to someone being found at fault. It is driving with disregard to the safety of others on the road.
Intentional Misconduct
Cases where there is intentional misconduct fall under a classification called “tort” lawsuits. This is when someone intentionally commits a tort or crime, and the result is an automobile accident. These types of negligence cases make someone at fault because they set out with the intent to hurt or harm someone. Strict liability is when someone can be held at fault even when they have done nothing wrong. Cases when an automobile is carrying hazardous chemicals, or accidents where defective products are to blame, fall under the strict liability laws of being found at-fault.
When the cause of an accident is straightforward, like someone was drinking and driving, who is at fault is usually easy to determine. But in other cases, sorting through the events of an accident to find out who is at fault and therefore responsible might not always be so clear-cut. That is why if you are in an auto accident in St. Louis, it is imperative that you hire a St. Louis auto accident attorney to help you with your injuries and damages. Even if you think that the case is clear, many things can muddle liability quickly.
Why Hire a Car Accident Attorney
A St. Louis car accident attorney can help you to figure out your liability in a car accident so that you aren’t left holding the bag. One of the things they do is helping to collect facts about the case. To prove your case, you will need certain types of documentation to prove liability. Although it’s not admissible should your auto accident go to court, having a police report at the scene of the accident is an integral step to proving your percentage of fault, or lack thereof. A police report is also a good bargaining chip for your lawyer to use during the settlement and negotiation process.
An excellent St. Louis auto accident lawyer will also help you to gather other information like eyewitness accounts, interviewing the responding officers, and to take pictures that can demonstrate the events of what happened to either prove your innocence or to prove the negligence of the other driver. The attorney will know the proper steps to take to prove your case in court.
Contact a Personal Injury Attorney
Although you can handle a car accident case on your own through an insurance company settlement, it is important for you to understand that the insurance company’s job is to limit their losses, not to compensate you. So it is always a good idea to have the help of a St. Louis auto accident attorney at your side to walk you through the complexity of deciphering fault, who is liable for damages and injuries, and how much each driver is entitled to recover.
Why Choose Us over TV Lawyers?
Direct Attorney Access (24/7)
Maximum Compensation Focus
Trial-Ready Cases
Team-Based Handling
Volume-Driven Timelines
Less Trial Preparation Emphasis
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!
