How Can You Prove Negligence in a Car Accident Lawsuit?
Car accidents can leave victims with financial, physical, and emotional burdens. If you've been injured in a car accident, proving negligence is one of the key steps to obtaining compensation for your injuries.
At Townsend Law, LLC, we have nearly two decades of experience helping car accident victims seek justice and financial recovery when negligence has caused them harm. We serve clients in Kansas City, Jackson County, and Clay County in Missouri, as well as Johnson County and Wyandotte County in Kansas.
Our attorney is deeply familiar with the complications of car accident cases. From gathering evidence to building a compelling narrative of how another driver’s actions caused your injuries, our strategic approach is designed to lighten your burdens during a difficult time.
The key to reaching a successful outcome in these cases is proving negligence. Let's explore the elements required to establish negligence and understand how Missouri and Kansas laws impact your case.
What is Negligence in a Car Accident Lawsuit?
Negligence is a legal concept that refers to a failure to exercise reasonable care under the circumstances. Drivers have a responsibility to act with care to avoid causing harm to others on the road. When a driver fails in this duty and causes an accident, they can be deemed negligent and held liable for injuries resulting from their actions.
To prove negligence in a car accident lawsuit, you, as the injured party (the plaintiff), will need to establish four key components:
Duty of care: Every driver is expected to operate their vehicle responsibly and follow traffic laws. This duty of care extends to all road users, including pedestrians, cyclists, and other drivers.
Breach of duty: A driver breaches their duty when they disregard traffic laws or behave irresponsibly behind the wheel. Examples of such actions include speeding, driving under the influence, running red lights, or texting while driving.
Causation: You must demonstrate a direct connection between the breach of duty and your injuries. For example, if another driver ran a red light and collided with your vehicle, resulting in your injuries, this would establish causation.
Damages: Finally, you need to demonstrate that you suffered measurable damages because of the accident. These could include medical bills, lost wages, pain and suffering, and property damage.
Missouri and Kansas Laws Governing Car Accidents and Negligence
Each state has specific laws that govern car accident claims and negligence. If you've been in an accident in Missouri or Kansas, understanding these laws can be beneficial in proving your case.
Missouri Laws
Missouri follows a pure comparative fault system, allowing you to recover damages even if you share some responsibility for the accident. However, the compensation you receive will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault, your compensation will be reduced by 20%.
Missouri drivers must carry a minimum amount of liability insurance, which includes $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. This coverage could help compensate for damages.
Kansas Laws
Kansas operates as a no-fault state, meaning your insurance company covers your medical expenses and certain financial losses, regardless of who is at fault for the accident. Coverage is provided up to the limits of your policy, providing support without the need to determine liability first.
You may step outside the no-fault system and pursue a negligence-based lawsuit in certain situations. These include cases where medical expenses exceed $2,000 or when injuries are severe, such as permanent disfigurement or death.
Kansas also uses a comparative negligence system, but caps recovery at 50%. If you are found to be 50% or more at fault for the accident, you cannot recover any damages.
How to Prove Negligence in a Car Accident Lawsuit
Building a strong negligence case will require evidence and meticulous documentation. At Townsend Law, LLC, we guide our clients through each stage of this process. Here’s how you can start building your case for negligence:
1. Gather Evidence
Accident scene photos: Take photos of vehicle positions, damages, road conditions, and traffic signs.
Police reports: The police report often documents critical details about the accident and may include fault determinations.
Witness statements: Gather contact details and statements from any witnesses present at the scene of the accident.
Medical records: Keep detailed records of your injuries and treatment.
2. Document Damages
Medical bills: From emergency care to physical therapy, these bills will quantify your financial costs.
Lost wages: Keep a detailed record of any workdays missed because of your injuries.
Property damage: Include repairs or replacement costs for your vehicle.
Pain and suffering: Keep a journal of how the accident has impacted your daily life physically and emotionally.
3. Reconstruct the Accident
Sometimes, recreating the accident through expert testimony or digital reconstructions can help clarify how another party’s negligence contributed to the crash.
4. Consult with Professionals
Expert witnesses, such as accident reconstruction specialists or medical professionals, can provide testimony supporting your claims. Your attorney can identify and collaborate with these experts to strengthen your case.
Personal Injury Attorneys Serving Kansas City, Missouri
At Townsend Law, LLC, we’ve spent nearly two decades representing car accident victims in Kansas City, Missouri, and surrounding areas, including Jackson County and Clay County. We also serve Kansas residents in Johnson County and Wyandotte County.
Our attorneys understand the profound impact of car accidents and approach each case with care and commitment. We take the time to listen to your needs and strive to provide thoughtful guidance. By prioritizing transparent communication and compassionate legal services, we’re dedicated to helping you pursue justice and compensation.