Car and Truck Crashes

 What to do if You are Hurt in a Crash

First take care of yourself and the people in your vehicle, and try to evaluate if the people in the other vehicle seem hurt. Other than asking if they are ok, it’s best not to talk to them about the cause of the crash. Call 911, even if there aren’t injuries, but tell 911 about any injuries. 911 will tell you if they will send an officer to the scene, and they can dispatch an ambulance if needed. Watch what you say. Don’t admit fault, or inattention, but don’t lie to the police. If you were driving and drunk or high or engaged in criminal activity, you may not want to talk to the police. Otherwise, you usually should talk to them about the crash. The police, if they come, will likely interview both drivers and any witnesses still at the scene. The police, when they do the report back at the station, will usually check boxes about who caused the crash based on their interviews and the physical evidence. The police evaluation will be important but is not determinative. If the police come, they will gather the necessary information from the other driver, and any witnesses who are still there. If the police don’t come, then you need to talk to the other driver (unless you’re drunk or high) and get a picture if you can of their license, insurance card, license plate and VIN number on their car, and the damage done to the cars and people. Verify with the other driver that the address on the license is correct. And get their phone number. And get the name and contact information of any witnesses.

The police will not necessarily take pictures, but in major crashes they may.

Order the police report when it is available. You might also keep a copy of your cell phone bill for the month of the crash, to prove you weren’t on the phone at the time. These days it is standard in a lawsuit to produce all driver’s call, text and internet activity for the time of the crash.

Be careful and truthful in what you say regarding the cause of your injuries to the medical providers. They often write it down and what you say can hurt you later.

Report the crash to your own insurance company. If you have full insurance coverage, your insurance company will deal with getting your car fixed and then try to get paid back from the other drivers’ insurance, if it’s the other driver’s fault. Tell them you want your deductible collected too. If the other insurance company calls you, and if you’re seriously injured or may have ongoing medical treatment, put off talking to them until you talk to a lawyer.

Seeking and paying for medical treatment after an injury

If you need to get immediate treatment or an immediate medical evaluation, you can go the ER. If you think you may have had a concussion, you should go. If you don’t need the ER, but think you may need medical attention, you can make appointment with your regular doctor if you have one, but call for the appointment as soon as you have symptoms that give you trouble, and don’t forget to mention the crash and how the symptoms started or were made worse by it.

You should normally submit your medical bills to your own medical insurance company. In car crash cases, there may be insurance coverage available called “medical payments” that will pay for your medical care quickly, up to the limits of coverage, usually a few thousand dollars. The liability insurance coverage of the responsible party usually does not pay for bills for some time – it could be years if liability is disputed. If you were working at the time of the crash, your employer’s workers’ compensation insurance coverage will usually cover the related medical bills right away, unless they dispute that you were injured while working.

Proving Fault in Car and Truck Wreck Cases

Just getting injured in a car or truck wreck is not enough to prove the liability of another person or company for your injuries. You have to prove negligence. Rooney v. Lloyd Metal, 458 S.W.2d 561 (Mo. 1970). In car and truck wreck cases, this is often shown by proving a violation of the Missouri traffic laws, Missouri Revised Statutes §304.001-§304.894. The police report, especially what the other driver said to the police, can be very important in proving fault. What other witnesses said to the police can be important to, but at a trial you can’t be sure the police report’s version of the what the witnesses said will be admitted into evidence. The actual witnesses may have to be called to testify. Nash v. Sauerberger, 629 S.W.2d 491 (Mo. App. ED 1981). There may be computer data on the cars or trucks involved that can show speed, braking response and other important information.

When someone is injured more than is necessary in a car or truck wreck, and some failure in the crashworthiness of the vehicles may have made matters worse, there can also be a product liability claim.

Learn more | Dangerous Products 

Comparative Fault

In crash cases in Missouri, the jury may be allowed to consider whether you did anything wrong in addition to whether the defendant did anything wrong. In these cases, your own conduct may be considered by a jury to reduce all or some of your money damages, Gustafson v. Benda, 661 S.W.2d 11, 16 (Mo. 1983), especially if you were behaving in a dangerous way.  In Missouri, you can recover from the defendant when you are some or even mostly at fault but, your total money damages will be reduced by the amount of your fault. Gustafson v. Benda, 661 S.W.2d 11,16 (Mo. 1983). We will talk with you about how your case and your recovery might be affected by comparative fault.

Damages in Car and Truck Wreck Cases

The damages in crash cases involving injury include past and future medical bills, wage loss, physical injury, pain, suffering, inconvenience, disability and even death. If the wreck results in a death, then the damages are as permitted under the Wrongful Death Act.

Learn more | Wrongful Death Damages