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Thousands of vehicle collisions occur in the St. Louis region every year, and in most of these wrecks, at least one driver acted carelessly or failed to follow the rules of the road. Even if you know who caused the crash, securing compensation from their insurance company can be challenging, since adjusters often try to minimize payouts or dispute liability.
Legal and procedural hurdles can make it difficult to recover the full value of your losses, which is why working with a St. Louis Car Accident Lawyer is essential. At Gary Burger, we help clients navigate these obstacles, protect their rights, and pursue the financial recovery they deserve. Our team is prepared to guide you through each step and reduce the burden on you and your family.
Establishing negligence is the foundation of a successful personal injury claim. To do this, we start by evaluating the circumstances surrounding the crash, including driver behavior, roadway conditions, and vehicle damage. Our goal is to demonstrate that the other party failed to operate their vehicle safely, which directly led to your injuries.
To prove negligence, we focus on four required elements. Duty. Missouri drivers must operate their vehicles with the highest degree of care. Breach of duty. Any unsafe action, such as running a red light or following too closely, may constitute a breach. Causation. We must connect the negligent act to the injuries sustained. Damages. Medical expenses, lost income, property damage, and long-term physical or emotional harm all qualify as compensable losses.
We investigate police reports, roadway evidence, witness statements, and medical documentation to strengthen these elements. When needed, we also work with accident reconstruction professionals to further validate the facts.
Under Missouri law, motorists are required to exercise the highest degree of care to avoid harming others, as outlined in section 304.012, which states that drivers must operate their vehicles carefully and prudently and are prohibited from stunt driving. Violations may result in criminal charges if an accident occurs.
Common negligent behaviors include:
• Distracted driving
• Speeding or aggressive driving
• Following too closely
• Failing to yield
• Unsafe lane changes
• Driving under the influence
• Running traffic signals
• Improper passing
These actions put everyone on the roadway at risk and are often central issues in a personal injury case.
Understanding how fault is allocated is critical to determining the compensation you may receive. Missouri follows a comparative fault structure, which modifies how much a claimant can recover if they share responsibility for the crash. Section 537.067 of the Missouri Revised Statutes provides that a defendant who is found to be fifty-one percent or more at fault may be held jointly and severally liable for the judgment, while defendants who bear less than fifty-one percent of fault are responsible only for their percentage of responsibility. The statute also explains that defendants are severally liable for punitive damages based on their individual share of fault.
What does this mean for your claim? If an insurer argues that you contributed to the crash, your total recovery may be reduced by the percentage of fault assigned to you. For example, someone who is found to be twenty percent responsible for a collision would receive compensation reduced by that same percentage. Our role is to challenge unjust fault accusations and ensure the evidence supports an accurate assessment of liability.
Insurance companies often attempt to shift blame to minimize payouts, so our team carefully reviews photos, impact points, statements, and scene details to counter these tactics. Even if you believe you may share partial responsibility, you should still speak with an attorney, as Missouri law does not prevent partially at-fault drivers from seeking compensation.
An unexpected crash can occur anywhere, whether you are driving through a crowded intersection, navigating a busy highway, or pulling out of a parking lot. These incidents often lead to significant, sometimes life-changing consequences for everyone involved.
With support from a dedicated St. Louis car accident lawyer at Gary Burger, you can focus on your recovery while we manage the legal details. Our team has extensive experience achieving meaningful results for injured clients and can represent you in negotiations or, if necessary, in court. Contact us today at (314) 648-1823 to schedule a complimentary initial consultation and discuss your options with our legal team.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (314) 648-1823
12008 Wiltshire Place Ct, St. Louis, MO 63131
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