It might be difficult to admit, but most of us will be guilty of cutting someone else off sometime in our driving careers. While this might not always lead to an accident, when it does, it’s important for insurance companies to establish fault so they know who will be responsible for paying the other party’s damages.
In this blog post, we will discuss the factors that contribute to these types of crashes, how fault is determined in Missouri and how an experienced car accident lawyer can help you navigate the legal process following a collision.
Why do these types of crashes occur?
There are several reasons why a driver may cut another driver off. These can include distracted driving, aggressive driving, failing to signal a lane change, improper merging and miscalculating the distance between vehicles. These cases typically result in rear end collisions, and in heavy traffic bad cases, they can result in a chain-reaction accident involving multiple drivers.
When one driver’s actions create a dangerous situation, a crash can occur as the other driver attempts to avoid a collision or is unable to react in time to prevent it.
How Missouri defines fault in car accidents
Missouri is an “at-fault” state, which means that the “at-fault driver” is responsible for paying damages to the other driver. This can include economic damages such as medical bills, repair costs, lost time from work and non-economic damages like pain and suffering and punitive damages.
In Missouri, we also use a comparative fault standard. This means that each party’s degree of fault is considered when determining liability for damages.
If a driver is found to be partially at fault for an accident, their recovery will be reduced by the percentage of their fault. For example, if one driver is deemed to be 30% at fault for an accident, they can only recover 70% of their damages.
Who is at fault when one driver cuts another driver off, and the other driver hits them?
In many cases, the driver who cuts off another vehicle and causes a collision is primarily at fault for the accident. This is because they failed to ensure it was safe to change lanes or merge before doing so, which is a violation of traffic laws.
However, the second driver may still share some responsibility if they were exceeding the speed limit, following too closely, or engaged in other unsafe driving practices that contributed to the crash.
Who is at fault when one driver cuts another driver off, causing the rear driver to crash?
In some cases, a driver may cut off another vehicle without actually making contact, causing the trailing driver to take evasive action and crash. These are sometimes called “no contact” collisions.
In these situations, fault can be more difficult to determine. While the driver who cut off the other vehicle may be considered negligent for creating a dangerous situation, the other car might share some fault if they were also driving unsafely.
What to do if you are involved in a car accident
If you find yourself involved in a crash where another driver cuts you off, there are several steps you should take to protect your rights:
- Report the collision and request medical assistance. Even if you don’t immediately feel like you need medical attention, it can be good to see a doctor. This is because the adrenaline you feel when you first get into an accident can mask pain that might creep up later. By getting checked out, you can be sure you’ll be safe and that you’ll have an adequate record of your injury for your insurance claim.
- Exchange information with the other driver(s), including names, contact information, insurance information and driver’s license numbers.
- Gather evidence, such as photographs of the accident scene, damage to your vehicle and any injuries you sustained.
- Obtain contact information for any witnesses who may have seen the accident.
- Seek medical attention as soon as possible, even if you believe your injuries are minor.
- Notify your insurance company of the accident, but avoid providing a recorded statement until you have spoken with an attorney.
- Contact an experienced car crash attorney for a consultation.
How an experienced car accident attorney can help you
An attorney with experience handling car accident cases can help you navigate the complexities of determining fault and obtaining compensation for your injuries and property damage. By conducting a thorough investigation, your attorney will gather evidence to build a strong case on your behalf.
At Niemeyer, Grebel & Kruse, our team of skilled personal injury lawyers will work diligently to maximize the compensation you deserve, allowing you to focus on recovering from your injuries. We understand the impact that a car crash can have on your life, and we are committed to providing the support and guidance you need during this challenging time.
If you or someone you love has been injured in a crash where another driver cut you off, don’t hesitate to contact us.
With our team of experienced car crash attorneys on your side, you can trust that your case will be handled with the professionalism and attention it deserves. Call us today at 314-241-1919 for a free consultation.