You know what happened.

The other driver ran the red light, changed lanes without looking, pulled out in front of you, or slammed into the back of your vehicle.

Then the insurance company calls.

According to the other driver, you caused the accident.

Suddenly, the crash you experienced and the story being told to the insurance company seem like two entirely different events.

It’s frustrating, but it’s also not unusual.

Drivers don’t always agree about how an accident happened. Sometimes people remember a chaotic event differently. Other times, a driver may minimize his or her own actions or place blame elsewhere.

Often the Police or Highway Patrol won’t do a full report, and just have the drivers exchange information instead.

Fortunately, the other driver’s version of events doesn’t automatically determine who is legally responsible for a Missouri car accident.

Fault may be evaluated using police reports, photographs, witness statements, vehicle damage, video footage, medical records, and other evidence.

And because Missouri follows a comparative fault system, even situations where more than one person contributed to a collision aren’t necessarily as simple as “you were partly at fault, so you can’t recover.”

Here’s what you should know when fault is disputed after a Missouri car accident.

Who Determines Fault After a Car Accident?

One of the biggest misconceptions after a crash is that one person’s statement settles the issue.

It doesn’t.

The other driver can say you caused the collision.

You can say the other driver caused it.

A police officer may document observations at the scene but often don’t do a full report.

Insurance companies may conduct their own investigations.

And if a personal injury case ultimately goes to court, fault may become an issue for a judge or jury to decide.

Determining legal responsibility can involve much more than asking each driver what happened.

Evidence matters.

What Evidence Can Help Prove How an Accident Happened?

When two drivers give conflicting accounts, objective evidence can become especially valuable.

Depending on the accident, that evidence may include:

Photographs and Video

Pictures taken at the scene can preserve information that disappears quickly after vehicles are moved and debris is cleared.

Useful photographs may show:

• Vehicle positions
• Damage to each vehicle
• Skid marks
• Traffic signals
• Road signs
• Weather conditions
• Debris
• Lane markings
• Visibility obstructions

Video can be even more valuable.

Dashcams, nearby businesses, residential security systems, traffic cameras, or other sources may have captured the crash or events immediately before it.

Video evidence can also disappear or be overwritten, which is one reason investigating a disputed accident promptly can matter.

Witness Statements

An independent witness can provide information about what happened before or during the collision.

Witnesses may have seen:

• A driver run a red light
• An unsafe lane change
• Speeding
• A vehicle fail to yield
• Distracted driving
• How the vehicles collided

If possible, obtain contact information from witnesses at the accident scene.

Don’t assume the police report will contain every witness or every detail.

Vehicle Damage

The location and severity of vehicle damage may help investigators understand how a collision occurred.

For example, damage patterns may provide information about the direction of impact or the position of the vehicles when they collided.

In more complicated or serious accidents, experts may evaluate physical evidence as part of an accident reconstruction.

Electronic and Digital Evidence

Depending on the circumstances, other evidence may include:

• Dashcam footage
• Cell phone records
• Vehicle event data
• GPS information
• Commercial vehicle records
• Electronic logging information
• “Black box” data showing the speed of the car just before the crash

Not every accident requires this level of investigation, but serious crashes involving disputed liability may require looking beyond the basic police report.

Does the Police Report Decide Who Was at Fault?

A police report can be an important piece of evidence, but it does not necessarily make the final legal determination of fault.  Often there is not a full Crash Report done, and the police just have the two drivers exchange information.

The responding officer may document:

• Statements from drivers
• Statements from witnesses
• Vehicle locations
• Road and weather conditions
• Observed damage
• Citations
• A diagram of the collision

That information can be very helpful.

However, the officer may not have witnessed the crash personally.

There may also be additional evidence that wasn’t available when the report was written.

If you believe information in the police report is inaccurate, don’t simply assume your claim is over. An attorney can review the report alongside the other available evidence.

What Is Comparative Fault in Missouri?

Missouri uses a pure comparative fault system in personal injury cases.

In simple terms, more than one person can share responsibility for an accident.

If an injured person is found partially responsible, the compensation that person may recover can generally be reduced according to his or her percentage of fault.

For example, imagine a person suffers $100,000 in damages after a collision but is determined to be 20% responsible for the accident.

Under comparative fault principles, the recoverable damages could be reduced by 20%, leaving $80,000.

Or if both drivers didn’t see each other, it could be 50/50.

The important takeaway is this:

Being accused of contributing to an accident does not automatically mean you have no personal injury claim.

The percentage of responsibility matters.

What If You Really Were Partly at Fault?

Car accidents are not always completely one-sided.

Maybe another driver made an unsafe turn, but you were traveling slightly above the speed limit.

Maybe a driver changed lanes improperly, but there is a dispute about whether you could have avoided the collision.

Those facts may affect how responsibility is allocated.

But don’t make the insurance company’s argument for it.

People sometimes apologize after an accident or immediately assume they must have done something wrong simply because the collision happened.

You may not have all the information necessary to understand what caused the crash.

Stick to the facts you know.

Be Careful About Apologizing at the Scene

After a collision, it’s natural to say:

“I’m sorry.”

Sometimes that means, “I’m sorry this happened.”

Sometimes it’s simply an instinctive response to a stressful situation.

But statements made at the scene can later become part of the investigation.

You don’t need to argue with the other driver about fault.

Instead:

• Check for injuries.
• Call law enforcement.
• Exchange required information.
• Photograph the scene if you safely can.
• Identify witnesses.
• Seek appropriate medical treatment.

Let the evidence help establish what happened.

What If the Other Driver Lies About the Accident?

It happens.

A driver may tell police one thing at the scene and give an insurance company a different account later.

Or the other driver’s version may simply conflict with yours from the beginning.

Don’t get pulled into a roadside argument.

Document as much as you safely can.

Photographs, witnesses, video, physical evidence, and contemporaneous statements may ultimately be far more useful than debating the other driver.

If the accident involves significant injuries and fault is disputed, consider speaking with an attorney before evidence becomes harder to obtain.

What If the Insurance Company Says You Were at Fault?

Remember that an insurance company’s determination isn’t necessarily the final legal word.

The insurer may assign some or all of the responsibility to you when evaluating the claim.

That decision may be based on:

• Statements from the drivers
• The police report
• Witness accounts
• Photographs
• Insurance company investigations
• Other available evidence

If you disagree with the insurer’s conclusion, ask what evidence supports its decision.

A Missouri car accident attorney can conduct an independent investigation and evaluate whether additional evidence may challenge the insurance company’s position.

Should You Give a Recorded Statement?

After an accident, an insurance adjuster may ask you to provide a recorded statement about what happened.

Unless it is your own insurance company, you don’t have to give a recorded statement to the insurance adjuster.

If you do, be cautious, particularly when fault is already disputed.

Questions may sound simple:

“How fast were you going?”

“When did you first see the other vehicle?”

“Was there anything you could have done to avoid the accident?”

Your answers may later be used when evaluating responsibility for the collision.

You should always be truthful, but you don’t need to guess or speculate.

Before giving a recorded statement to another driver’s insurance company, you may want to speak with an attorney about your rights and obligations.

Related: How to Deal With Insurance Adjusters After a Missouri Car Accident.

Does Fault Affect Your Injury Claim?

Yes.

Liability is one of the fundamental issues in a personal injury claim.

To recover compensation from another party, you generally need to establish that the other party’s negligence caused or contributed to your injuries.

But fault is only one part of the case.

You also need evidence of your injuries and resulting losses.

That may include:

• Medical records
• Medical bills
• Lost wage documentation
• Evidence of future treatment
• Information about permanent impairment
• Documentation of how the injury has affected your daily life

A strong injury claim connects both sides of the story: what caused the accident and what the accident caused in your life.

What If Your Injuries Didn’t Appear Immediately?

A dispute about fault can become even more complicated when your injuries aren’t obvious at the accident scene.

Maybe you told the police you felt okay and developed neck or back pain the following day.

That doesn’t necessarily mean you weren’t injured in the collision.

Seek appropriate medical treatment when symptoms develop and accurately explain when and how they began.  The sooner you get medical treatment the better your claim may be.

Related: Delayed Pain After a Missouri Car Accident: Can You Still Have an Injury Claim?

What Compensation May Be Available?

If another person’s negligence caused or contributed to your injuries, compensation may be available for losses such as:

• Medical expenses
• Future medical care
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Permanent impairment
• Other accident-related damages

Under Missouri’s comparative fault system, the amount recoverable may be reduced if you are found partially responsible for the accident.

The value of any individual claim depends on the specific facts involved.

When Should You Contact a Missouri Car Accident Attorney?

Legal guidance may be especially useful when:

• The other driver claims you caused the accident.
• The drivers give conflicting accounts of what happened.
• The police report contains inaccurate information.
• The insurance company assigns fault to you.
• You believe both drivers may share responsibility.
• Video or other evidence needs to be preserved.
• Your injuries are significant.
• Multiple vehicles or parties are involved.
• An insurer asks you for a recorded statement.
• You’re offered a settlement despite an ongoing dispute about liability.

The more serious the injuries and the more contested the facts, the more important a thorough investigation can become.

Frequently Asked Questions

Can I recover compensation if I was partly at fault for a Missouri car accident?

Yes. Missouri follows a pure comparative fault system. If you are partially responsible, your recoverable damages may generally be reduced according to your percentage of fault.

Does a traffic ticket prove who caused the accident?

A citation can be relevant, but it does not necessarily resolve every issue of legal responsibility in a personal injury case. The complete circumstances and available evidence should be considered.

What if there is no police report, or if the report says I caused the accident?

A police report can be important evidence, but it isn’t necessarily the final determination of civil liability. Other evidence may provide additional information about how the crash occurred.  Often police don’t even do a report, but just have the drivers exchange information.

What if there were no witnesses?

A disputed accident can still be investigated without independent eyewitnesses. Photographs, vehicle damage, video, electronic evidence, driver statements, and other information may help establish what happened.

Should I argue with the other driver’s insurance company about fault?

You can provide accurate information about the accident, but prolonged arguments with an adjuster are unlikely to resolve a complicated liability dispute. If significant injuries are involved and the insurer blames you for the crash, consider speaking with an attorney.

The Hines & Wilson Law Firm Is Here to Help

Being injured in a car accident is difficult enough without also being blamed for a crash you believe someone else caused.

The other driver’s accusation, or an insurance company’s initial determination, does not necessarily settle the question of legal responsibility.

The Hines & Wilson Law Firm represents people injured in Missouri car accidents, including cases involving disputed liability and comparative fault. Our attorneys can investigate the collision, evaluate the available evidence, deal with insurance companies, and help you understand how Missouri law applies to your claim.

If you’ve been injured in a Missouri car accident and the other driver or insurance company is blaming you, contact The Hines & Wilson Law Firm to discuss your options.