Springfield, MO, Car Accident Attorney

Most drivers are cautious and safe while on the road. Unfortunately, this does not always prevent accidents. Most car accidents are caused by the carelessness of other drivers. Motor vehicle collisions can cause property damage, injuries, and even fatalities. When you are injured in an accident that was someone else’s fault, you deserve compensation. Recovering from your damages is easier with a Springfield car accident attorney.

They can help investigate, negotiate, and prove your claim while you take crucial time to rest. A claim can help you cover damages like medical bills, lost income, vehicle damage, and other losses.

Wendt Law Firm P.C.: Experienced Springfield Car Accident Attorney

When you work with Wendt Law Firm P.C., we can fight for full compensation for your damages. We believe strongly in holding at-fault drivers accountable for their actions. Our team has more than 50 collective years of experience in personal injury claims, including many types of complex car accident claims. We investigate your accident, determine the party or parties that are liable, and find the evidence that holds them responsible.

The attorneys at Wendt Law Firm want to be a team you can count on during a strenuous injury and recovery period. We handle the complex aspects of your claim so you can feel confident in its results and take the time to rest.

Recovering Compensation After a Car Collision

Missouri is an at-fault state for car accidents, so insurance claims are filed with the adjuster of the driver found to be at fault. Typically, compensation for a car accident claim is limited to this insurance claim, although there may be reasons to file with an underinsured driver policy or file in court with a civil claim. An attorney is crucial to help you review these options and determine what can secure you the maximum compensation available for your injuries and damages.

Types of Motor Vehicle Accidents

There are numerous types of motor vehicle accidents, including different types of vehicles and unique damages. Certain accidents are more complex than others due to issues like a commercial company’s insurance provider being involved or complex state and federal regulations. At Wendt Law Firm P.C., we have experience with some of the following types of motor vehicle crashes:

• Passenger vehicle accidents.
• Motorcycle collisions.
• Pedestrian accidents.
• Bicycle collisions.
• Commercial truck accidents.
• ATV (all-terrain vehicle) collisions.
• Rideshare accidents.
• Bus crashes.
• Train collisions.
• Drunk driving crashes.
• Distracted driving accidents.
• Defective vehicle part accidents.
• Rollover and multi-vehicle collisions.

By finding an attorney who has experience in these cases, your case is likely to move more quickly and be resolved more efficiently. An experienced attorney will have a better understanding of the investigation of the accident, the negotiation process, and the damages you are owed.

What Are the Common Causes of Car Accidents in Springfield?

There are many potential causes of car accidents, and the cause is important to point toward what party is at fault for the incident. Some common causes of car collisions include:

Speeding

Driving over the speed limit makes a crash more likely because it gives a driver less time to react to hazards like debris on the road, a sudden traffic slow-down, or other changes on the roadway. Speeding also increases the damages of a collision when it does occur.

Distracted Driving

Driving distracted is a common cause of accidents. When drivers remove their focus or eyes from the road for any amount of time, they may be unable to react to road changes or may make illegal or unsafe driving actions. Distractions can include using a cell phone, talking with passengers, eating, or focusing on music or a GPS system.

Drowsy Driving

Driving fatigued can affect a driver’s ability to drive almost as significantly as driving intoxicated. Being tired lowers a driver’s reaction speed and ability to think clearly, increasing the likelihood of an accident occurring.

Driving Under the Influence

Drivers who operate vehicles under the influence violate the law and can face both civil and criminal cases as a result. A driver could be affected by drugs or alcohol, including prescription drugs. Civil claims against a drunk driver may also result in more significant damages, such as punitive damages.

Aggressive Driving

Aggressive driving includes actions like tailgating, unsafe lane changing, and road rage. This can make the road more dangerous for many people and can make the aggressive driver liable if their actions cause an accident.

Extreme Weather Conditions

Weather that causes low visibility or dangerous roadways, such as high winds, fog, snow, and rain storms, is a frequent cause of accidents. While these weather conditions are not the fault of any party, drivers on the road do have a responsibility to react reasonably to these conditions. If a driver fails to reduce their speed and drive more carefully in inclement weather, they may be liable if they cause an accident.

Malfunctioning Vehicles

Vehicle defects and malfunctions can cause an accident. There are many potential causes of such an issue. A driver or the owner of the vehicle may be at fault for failing to get repairs to the vehicle that they knew they needed.

A mechanic may also be liable if the repairs that were done were improper and caused the failure. The car manufacturer or distributor could also be liable if the failure was due to a dangerous product. An attorney can help investigate the cause of a car component failure.

Inexperienced Drivers

New drivers are more likely to cause accidents on the road. Inexperienced or improperly trained commercial drivers may also be more likely to cause accidents, as it is more difficult to manage larger vehicles. An attorney can help determine who is at fault in these incidents.

Poorly Maintained Roads

Roads may have potholes or cracks that cause accidents, which are more likely to affect motorcycle and bicycle riders. A road may also have a poor drainage system, making road conditions worse. Construction, obstructions in front of road signs, and broken traffic lights are other potential road hazards. If these hazards cause an accident, the agency responsible for the upkeep of the road may be liable.

How Can You Prove Liability in a Car Collision?

In order to recover compensation after a car accident, one party must be proven at fault for the collision, meaning that they can be held liable for the resulting damages of the injured parties. Most at-fault parties are liable under negligent actions or inactions, although intentional misconduct or malice are other rare reasons for driver liability. To prove a driver liable based on negligence, you must prove the following:

1. Duty of care. The driver had a duty of care to behave responsibly in a way that most reasonable drivers would act.
2. Breach. The driver breached that duty of care by behaving negligently.
3. Causation. The breach of duty caused the accident in which you were injured.
4. Damages. You suffered actual damages due to the accident or your injury.

All of these elements must be true to recover compensation. An attorney can determine if you have a viable claim after a car accident. If you do, then your attorney can investigate and gather relevant evidence to prove each element and prevent an insurance provider from undermining your good faith claim.

What If I Am Partially Liable?

If you are partially liable for the car collision, it is even more important that you work with a skilled attorney. You may still be able to recover compensation, but reducing your percentage of liability is necessary to maximize your damages recovered and to avoid being barred from compensation entirely.

In Missouri, you can recover compensation as long as you are found to be only 50% or less liable for the accident. However, if you are 51% or more responsible, then you will be unable to recover your damages. This is called a modified comparative fault system. An attorney could find evidence that proves you were not 51% or more liable, allowing you to be compensated.

However, being found partially liable has consequences on your settlement. The percentage of fault you share for the accident is the percentage that your settlement will be reduced. An attorney is useful in minimizing your percentage of fault and increasing the compensation you are able to retain. If you were not liable for the accident, but the other party is trying to claim you were, then your attorney can investigate thoroughly to prove that you were not at fault.

What Should You Do After a Motor Vehicle Collision?

If you are involved in a motor vehicle collision, there are several steps you should take if you are able. These actions can help protect your personal health, and your rights and financial interests during the process of a claim. You should do some of the following:

1. Move to a safe location. Pull over after a collision. If possible, move your vehicles out of obstructing the roadway and move individuals out of vehicles, as long as it will not worsen injuries. Take note of your injuries and the injuries sustained by others in the accident.
2. Call emergency services. Report the accident and inform of any noted injuries. Emergency medical care is important even if no one seems outwardly injured.
3. Exchange information. While you wait for emergency responders, this may be a good time to exchange contact information with the other driver. You also want to get driver’s license information and insurance contact information.
4. Get medical care. When emergency responders arrive, get medical attention. There are many reasons you may think you are not injured, but you are, such as suffering from shock or having a traumatic brain injury. If you do not get medical attention, an insurance adjuster may claim you were injured at a later date and not from the accident.
5. Give an accident report. Give the facts of the accident, but do not admit fault. The police accident report is important in the initial determination of fault in the accident, and has other information important in your claim.
6. Collect evidence. Take photos and videos of the scene of the collision, such as the damage to vehicles, skid marks, and surrounding damage. If there were any third-party witnesses, ask for their contact information and a brief statement.
7. Report to your insurance company. Most insurance companies require you to report an incident, even if you were not at fault.
8. Get an attorney. It’s important to get legal support as soon as you can after an accident. An attorney can navigate the next steps, including handling insurance filing and investigating the accident as soon as possible.

Why Do I Need a Springfield Car Accident Attorney?

A car accident is a traumatic experience and could potentially affect you for the rest of your life. The last thing you should have to do while you are recovering is worry about insurance adjuster negotiations and costly medical bills. Unfortunately, these issues need to be addressed quickly after a collision. There are time limits on filing an insurance claim and for filing a civil claim. Beginning this claim soon is important to your ability to recover compensation.

When you work with an attorney, then your claim can be filed in a timely manner without requiring you to deal with stressful and complex paperwork and negotiations. An attorney can help with numerous parts of your claim, including calculating the entirety of your damages, determining the at-fault party, proving liability, and negotiating a fair and full settlement. If a fair settlement cannot be reached, then your attorney may consider filing a civil claim in court.

An attorney knows the state and federal laws that apply to your unique type of vehicle collision, and you can rest assured that your claim is in good hands.

Find a Dedicated Car Accident Attorney Today

The team at Wendt Law Firm P.C. has worked for many years on minor and complex car collisions and the resulting claims. Working with the right attorney can safeguard your interests and secure you the maximum settlement that is available to cover your economic and non-economic losses. While this financial compensation will not heal all the damage from an accident, it may give you sufficient financial support to move on from this traumatic situation and hold the at-fault party responsible. Contact Wendt Law Firm P.C. today.