All motorists on local roads are required to operate their vehicles with care to avoid collisions. When drivers violate traffic laws or do not pay attention to their surroundings, they can cause devastating wrecks.

If a reckless driver crashed into you and caused you or a loved one harm, a Wildwood car accident lawyer is standing by to discuss your case. Our professional civil attorneys could help you seek the financial compensation you deserve from the at-fault driver.

Common Types of Vehicle Wrecks

Often, driving becomes second nature, and motorists daydream or engage in other risky activities, such as eating, texting, talking to backseat passengers, or driving while over-tired or under the influence of drugs or alcohol. In addition to distracted driving, motorists can be involved in wrecks due to:

  • Speeding under existing conditions, which could include exceeding posted safe limits, during inclement weather, or on roadways under construction
  • Making a left turn and failing to yield to oncoming traffic
  • Running red lights
  • Tailgating, causing rear-end accidents when the car in front brakes suddenly

Parties injured because of someone else’s negligence must prove in court the other driver’s breach of duty to prevail in a personal injury lawsuit. A local auto collision attorney could review the police reports, witness statements, and medical records to determine if an insurance settlement or civil court lawsuit would fully compensated the injured claimant.

Proving Defendant Driver Negligence

There are four elements of negligence that a plaintiff must prove before a defendant will be found liable for a motor vehicle accident’s injuries. All motorists must conduct themselves in the manner a reasonable driver would behave under similar conditions. This behavior is the duty motorists owe to other motorists.

If someone drives carelessly, under the influence, or distracted, they are breaching their duty to others. The breach is not enough for another motorist to sue. The defendant’s breach must be the actual and proximate cause of an accident that injures the plaintiff. A dedicated attorney could help determine if the defendant’s actions are the proximate cause of a car crash in Wildwood.

What is Proximate Cause?

The negligent driver’s actions are the proximate cause of an accident if the plaintiff’s injuries are reasonably foreseeable based on the defendant’s actions. For example, whiplash is foreseeable after a speeding driver rear-ends the plaintiff. A seasoned attorney could assess whether all the elements of negligence are present in an injured driver’s case.

Potential Barriers to Recovery

Missouri applies the contributory negligence standard to personal injury cases in which both parties share the blame. The parties are assigned a percentage of the blame, and the percentage of responsibility reduces a plaintiff’s damages award. For example, a $1,000,000 damages award will be reduced to $800,000 if the defendant is found to be 80 percent responsible for the accident and the plaintiff 20 percent.

The statute of limitations limits the period of time a plaintiff has to file a civil lawsuit, after which claims will most likely be barred forever. Under Missouri Revisor of Statutes, Section 516.120, a party injured in a car wreck caused by someone else has five years from the day of the accident to file a personal injury lawsuit.

Get in Touch with a Wildwood Car Accident Attorney

If you are injured in a car crash, you could be facing long-term or even permanent consequences. You need a financial source to pay your bills and maintain your family while you are recovering. Through a civil claim, you could seek financial relief from the negligent driver who crashed into you or from the defendant’s insurance carrier.

Our outstanding team of legal professionals could explore all avenues to get you paid what you deserve. Call today for your initial consultation with a Wildwood car accident lawyer.