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what to do after a car accident
By Law+Missouri HEHN August 4, 2025
The first 72 hours after a car crash are critical. Learn what to do after a Missouri car accident to protect your health, finances, and injury claim.
By Law Missouri HEHN July 28, 2025
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By David Shayne July 28, 2025
Car crashes aren’t always black and white. In Missouri, fault isn't always pinned on just one driver. In fact, according to the Missouri State Highway Patrol’s 2023 crash data, there were over 145,000 motor vehicle crashes in the state, and many of them involved shared blame. Here’s the kicker: even if you were partly at fault, you can still recover damages under Missouri comparative fault law. That’s right. Missouri is one of several states that use a pure comparative fault system. But if you don’t understand how that system works, you could walk away with far less than you deserve or nothing at all. This article breaks it down in plain language. You’ll learn how Missouri comparative fault applies to real crash cases, how insurance companies use it to reduce payouts, and what steps you should take if you’ve been in a wreck. Let’s get into it. What Is Comparative Fault? Comparative fault is a legal rule that lets multiple parties share responsibility for an accident. Rather than placing full blame on one driver, it allows for percentages to be assigned to everyone involved. That percentage then directly affects how much money each party can recover in a lawsuit or insurance claim. Missouri’s Legal Framework for Shared Fault Missouri uses a pure comparative fault rule. This means any party can recover compensation, even if they were 99% at fault. Your recovery is reduced by your percentage of fault. For example, if your damages total $50,000 and you’re found 30% at fault, you can still collect $35,000. This rule is codified under Missouri Revised Statutes §537.765. The courts and insurers follow this standard during litigation and claim negotiations. How Fault Percentages Affect Your Compensation Fault percentages directly reduce the amount of money you can recover. For example, if you suffer $100,000 in damages and are found 10% at fault, you can collect $90,000. If you’re 50% at fault, your recovery drops to $50,000. And if you’re 80% at fault, you would only receive $20,000. Even small shifts in your assigned percentage can make a big difference in your final payout. That’s why it's important to have strong evidence and an attorney who knows how to argue for a fair assessment of fault. Common Scenarios Involving Shared Liability Fault isn’t always obvious. Here are a few Missouri-based examples where blame can be shared: Rear-end collisions: If the lead driver had broken brake lights or stopped suddenly, they may carry part of the blame. Intersection crashes: Two drivers may enter simultaneously and both fail to yield properly. Multi-vehicle pileups: Chain reaction crashes often involve several at-fault drivers. Left-turn accidents: The turning driver may be mostly at fault, but speeding or distracted oncoming traffic can shift fault percentages. These shared-liability cases are where Missouri comparative fault rules really come into play. Role of Evidence in Determining Fault Evidence drives how fault is assigned. Without solid documentation, your percentage could go up and that can cost you money. Key types of evidence include: Police crash reports Eyewitness statements Surveillance and dashcam footage Vehicle damage photos Phone records showing distraction Black box or electronic data recorders (EDRs) Expert testimony (accident reconstruction) Collecting and preserving evidence early can make or break your claim. How Insurance Adjusters Use Comparative Fault Insurance companies are trained to use Missouri comparative fault laws to reduce what they pay out. They’ll review your case and look for anything to pin a percentage of blame on you, even if it’s a stretch. Examples of what they might argue: You were distracted (e.g., phone use) You were speeding slightly You failed to brake soon enough You didn’t wear a seatbelt Once they assign fault to you, they reduce your payout. That’s why challenging those decisions with legal help is so important. Real Missouri Case Examples Comparative fault isn’t just legal theory. It’s applied in real Missouri courts every day. These examples show how fault percentages directly impact the outcome of car accident cases across the state. Gustafson v. Benda (1983) This landmark Missouri Supreme Court decision established the state’s pure comparative fault rule. The court held that a plaintiff who is partially at fault can still recover damages, reduced by their share of responsibility. This ruling reshaped how car accident liability is handled in Missouri and remains the standard today. Personal Injury Verdict Example (2025) In a recent Missouri jury verdict, a plaintiff injured in a multi-vehicle crash was found to be 20 percent at fault. The jury awarded $500,000 in total damages. Due to comparative fault, the final award was reduced to $400,000. This shows how even small fault percentages can cut into your recovery, especially in high-value cases. What You Should Do After a Car Accident in Missouri Call police immediately – Get a written crash report. Document everything – Photos, videos, and witness names. Don’t admit fault – Keep your comments neutral and fact-based. Seek medical attention – Not just for health, but to document injuries. Report the accident to your insurer – Stick to the facts. Talk to an attorney before accepting any settlement Why Legal Representation Matters in These Cases Comparative fault gives insurance companies room to cut your compensation. Without a strong legal advocate, you might get stuck with an unfair percentage of blame and a lower payout. Here’s how a car accident attorney helps: Investigates the scene and gathers hard-to-find evidence Brings in expert witnesses to assess accident dynamics Pushes back on inflated fault claims from insurers Negotiates from a position of strength Files a lawsuit if you’re offered too little Legal help often means the difference between a reduced settlement and full compensation. Missouri Crash Stats and Risks Car accidents remain a serious threat across Missouri’s roadways. According to the Missouri Department of Transportation (MoDOT), there were 1,057 traffic fatalities in 2023, the highest total in over a decade. These deaths occurred across highways, rural roads, and city intersections. And while fatality numbers are concerning on their own, the full crash total was significantly higher, with over 145,000 reported collisions statewide that year. MoDOT attributes many of these accidents to speeding, distracted driving, impaired driving, and failure to yield. Nearly two-thirds of fatal crashes involved at least one risky driving behavior, such as texting behind the wheel or excessive speed. Urban areas tend to see higher rates of multi-vehicle crashes, which is where comparative fault often comes into play. In cities like St. Louis, Kansas City, Columbia, and Springfield, drivers face congested roads, aggressive lane changes, and frequent stop-and-go traffic. This increases the chances of chain-reaction collisions, side impacts, and shared-responsibility wrecks. Call Harper, Evans, Hilbrenner & Netemeyer If you've been in a car accident, don’t let insurance companies use Missouri comparative fault rules against you. Whether you were 10% or 90% at fault, you still have rights and you may still be entitled to money. The attorneys at Harper, Evans, Hilbrenner & Netemeyer know how to handle these cases. We’ll fight to keep your fault percentage low and maximize your recovery. Call us today for a free consultation.
vehicle weight in car accident
By Law Missouri HEHN June 30, 2025
Vehicle weight in a car accident changes everything. Don’t face that alone. Contact Harper, Evans, Hilbrenner & Netemeyer for a free consultation today!
lake of the ozark bikefest
By Law Missouri HEHN June 29, 2025
Lake of the Ozarks BikeFest attracts 125,000+ riders and sees spikes in crashes and deaths. Learn risks, legal rights, and steps to take after a crash.
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what to do after a car accident
By Law+Missouri HEHN August 4, 2025
The first 72 hours after a car crash are critical. Learn what to do after a Missouri car accident to protect your health, finances, and injury claim.
By Law Missouri HEHN July 28, 2025
The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
By David Shayne July 28, 2025
Car crashes aren’t always black and white. In Missouri, fault isn't always pinned on just one driver. In fact, according to the Missouri State Highway Patrol’s 2023 crash data, there were over 145,000 motor vehicle crashes in the state, and many of them involved shared blame. Here’s the kicker: even if you were partly at fault, you can still recover damages under Missouri comparative fault law. That’s right. Missouri is one of several states that use a pure comparative fault system. But if you don’t understand how that system works, you could walk away with far less than you deserve or nothing at all. This article breaks it down in plain language. You’ll learn how Missouri comparative fault applies to real crash cases, how insurance companies use it to reduce payouts, and what steps you should take if you’ve been in a wreck. Let’s get into it. What Is Comparative Fault? Comparative fault is a legal rule that lets multiple parties share responsibility for an accident. Rather than placing full blame on one driver, it allows for percentages to be assigned to everyone involved. That percentage then directly affects how much money each party can recover in a lawsuit or insurance claim. Missouri’s Legal Framework for Shared Fault Missouri uses a pure comparative fault rule. This means any party can recover compensation, even if they were 99% at fault. Your recovery is reduced by your percentage of fault. For example, if your damages total $50,000 and you’re found 30% at fault, you can still collect $35,000. This rule is codified under Missouri Revised Statutes §537.765. The courts and insurers follow this standard during litigation and claim negotiations. How Fault Percentages Affect Your Compensation Fault percentages directly reduce the amount of money you can recover. For example, if you suffer $100,000 in damages and are found 10% at fault, you can collect $90,000. If you’re 50% at fault, your recovery drops to $50,000. And if you’re 80% at fault, you would only receive $20,000. Even small shifts in your assigned percentage can make a big difference in your final payout. That’s why it's important to have strong evidence and an attorney who knows how to argue for a fair assessment of fault. Common Scenarios Involving Shared Liability Fault isn’t always obvious. Here are a few Missouri-based examples where blame can be shared: Rear-end collisions: If the lead driver had broken brake lights or stopped suddenly, they may carry part of the blame. Intersection crashes: Two drivers may enter simultaneously and both fail to yield properly. Multi-vehicle pileups: Chain reaction crashes often involve several at-fault drivers. Left-turn accidents: The turning driver may be mostly at fault, but speeding or distracted oncoming traffic can shift fault percentages. These shared-liability cases are where Missouri comparative fault rules really come into play. Role of Evidence in Determining Fault Evidence drives how fault is assigned. Without solid documentation, your percentage could go up and that can cost you money. Key types of evidence include: Police crash reports Eyewitness statements Surveillance and dashcam footage Vehicle damage photos Phone records showing distraction Black box or electronic data recorders (EDRs) Expert testimony (accident reconstruction) Collecting and preserving evidence early can make or break your claim. How Insurance Adjusters Use Comparative Fault Insurance companies are trained to use Missouri comparative fault laws to reduce what they pay out. They’ll review your case and look for anything to pin a percentage of blame on you, even if it’s a stretch. Examples of what they might argue: You were distracted (e.g., phone use) You were speeding slightly You failed to brake soon enough You didn’t wear a seatbelt Once they assign fault to you, they reduce your payout. That’s why challenging those decisions with legal help is so important. Real Missouri Case Examples Comparative fault isn’t just legal theory. It’s applied in real Missouri courts every day. These examples show how fault percentages directly impact the outcome of car accident cases across the state. Gustafson v. Benda (1983) This landmark Missouri Supreme Court decision established the state’s pure comparative fault rule. The court held that a plaintiff who is partially at fault can still recover damages, reduced by their share of responsibility. This ruling reshaped how car accident liability is handled in Missouri and remains the standard today. Personal Injury Verdict Example (2025) In a recent Missouri jury verdict, a plaintiff injured in a multi-vehicle crash was found to be 20 percent at fault. The jury awarded $500,000 in total damages. Due to comparative fault, the final award was reduced to $400,000. This shows how even small fault percentages can cut into your recovery, especially in high-value cases. What You Should Do After a Car Accident in Missouri Call police immediately – Get a written crash report. Document everything – Photos, videos, and witness names. Don’t admit fault – Keep your comments neutral and fact-based. Seek medical attention – Not just for health, but to document injuries. Report the accident to your insurer – Stick to the facts. Talk to an attorney before accepting any settlement Why Legal Representation Matters in These Cases Comparative fault gives insurance companies room to cut your compensation. Without a strong legal advocate, you might get stuck with an unfair percentage of blame and a lower payout. Here’s how a car accident attorney helps: Investigates the scene and gathers hard-to-find evidence Brings in expert witnesses to assess accident dynamics Pushes back on inflated fault claims from insurers Negotiates from a position of strength Files a lawsuit if you’re offered too little Legal help often means the difference between a reduced settlement and full compensation. Missouri Crash Stats and Risks Car accidents remain a serious threat across Missouri’s roadways. According to the Missouri Department of Transportation (MoDOT), there were 1,057 traffic fatalities in 2023, the highest total in over a decade. These deaths occurred across highways, rural roads, and city intersections. And while fatality numbers are concerning on their own, the full crash total was significantly higher, with over 145,000 reported collisions statewide that year. MoDOT attributes many of these accidents to speeding, distracted driving, impaired driving, and failure to yield. Nearly two-thirds of fatal crashes involved at least one risky driving behavior, such as texting behind the wheel or excessive speed. Urban areas tend to see higher rates of multi-vehicle crashes, which is where comparative fault often comes into play. In cities like St. Louis, Kansas City, Columbia, and Springfield, drivers face congested roads, aggressive lane changes, and frequent stop-and-go traffic. This increases the chances of chain-reaction collisions, side impacts, and shared-responsibility wrecks. Call Harper, Evans, Hilbrenner & Netemeyer If you've been in a car accident, don’t let insurance companies use Missouri comparative fault rules against you. Whether you were 10% or 90% at fault, you still have rights and you may still be entitled to money. The attorneys at Harper, Evans, Hilbrenner & Netemeyer know how to handle these cases. We’ll fight to keep your fault percentage low and maximize your recovery. Call us today for a free consultation.
vehicle weight in car accident
By Law Missouri HEHN June 30, 2025
Vehicle weight in a car accident changes everything. Don’t face that alone. Contact Harper, Evans, Hilbrenner & Netemeyer for a free consultation today!
lake of the ozark bikefest
By Law Missouri HEHN June 29, 2025
Lake of the Ozarks BikeFest attracts 125,000+ riders and sees spikes in crashes and deaths. Learn risks, legal rights, and steps to take after a crash.
By Law Missouri HEHN June 27, 2025
Each summer, the Lake of the Ozarks Shootout attracts more than 100,000 spectators. Fast boats. Loud engines. Packed waters. It’s the largest unsanctioned boat race in the U.S. But beneath the excitement is a serious risk: boating accidents. In 2023 alone, Missouri reported 113 recreational boating accidents. Lake of the Ozarks had a high share of these. Speed, alcohol, crowds, and inexperienced drivers are all factors. A boating accident at Lake of the Ozarks can cause serious injuries, damage, or even death. If you're visiting during Shootout weekend or taking your boat out any time in late summer, you need to understand the risks. You also need to know your rights and what steps to take if something goes wrong. What Is the Lake of the Ozarks Shootout? The Lake of the Ozarks Shootout is the largest unsanctioned powerboat race in the United States. Held annually in August, it features boats reaching speeds over 200 mph on a 3/4-mile course. The event spans two weekends and includes poker runs, fireworks, and charity events. Most spectators watch from boats anchored near the race area. The result is extremely crowded waterways and a high potential for accidents. The mix of recreational boating and high-performance racing creates an unsafe environment for even experienced boaters. Real Incidents That Highlight the Risks Serious crashes happen during Shootout events almost every year. In 2022, a high-performance catamaran flipped during a trial run. Both passengers were hospitalized. In 2023, a crash involving two boats near the spectator area left multiple people injured. The Highway Patrol cited speed and alcohol as factors. These incidents are not rare. First responders regularly deal with collisions, injuries, and near drownings during Shootout weekends. Victims include drivers, passengers, and bystanders. Why Boating Accidents Spike During the Shootout Shootout weekends create dangerous conditions. Crowded waterways, intoxicated boaters, high speeds, and inexperience all increase the risk of a lake of Ozarks boating accident. Overcrowded Waterways Hundreds of boats anchor close together. Many are tied side by side. There’s little room to maneuver. A single mistake can damage several boats or send someone overboard. Tight conditions also slow emergency response times. Inexperienced Operators Many visitors rent boats or bring their own without knowing local laws. Some receive minimal instruction before heading out. Common mistakes include failing to yield, ignoring no-wake zones, and oversteering. These errors often cause collisions or near misses in already congested areas. Speed and Wake Damage While the race itself is limited to a specific course, many recreational boaters speed around the lake. Some try to show off. Others rush between viewing spots. The wakes from these boats can capsize smaller vessels, knock passengers overboard, or cause structural damage to anchored boats. Alcohol Use The Shootout is a major party weekend. Alcohol is widely consumed. In Missouri, about 23% of boating accidents involve alcohol. During the Shootout, intoxicated operators are a major concern. Alcohol impairs judgment, slows reaction time, and increases the chance of a serious boating accident at Lake of the Ozarks. Common Injuries From a Lake of the Ozarks Boat Crash Boating accidents during high-traffic events like the Lake of the Ozarks Shootout often cause more than minor bumps or bruises. The combination of high speeds, crowded waters, and exposed boat structures means that injuries can be severe and sometimes life-threatening. Traumatic Brain Injuries (TBI) Blunt force trauma is common when passengers are thrown against hard surfaces like metal railings, consoles, or the water itself at high speeds. Even a fall inside the boat can cause a concussion. In more serious cases, TBIs can result in memory loss, cognitive issues, or permanent brain damage. Symptoms may not appear right away, which makes early medical evaluation critical. Spinal Cord Injuries Sudden stops, high-speed collisions, or being ejected from a vessel can compress or fracture the spine. Spinal cord injuries range from herniated discs and nerve damage to full paralysis. Victims may face long-term rehabilitation or permanent mobility loss, depending on the severity and location of the injury. Broken Bones Fractures are common in any boat wreck Lake of the Ozarks officials respond to, especially when passengers are unrestrained or thrown into fixed structures. Common breaks include arms, legs, ribs, and facial bones. Some require surgical plates or long-term immobilization. Lacerations and Deep Cuts Propeller injuries are among the most severe laceration risks, but even contact with cleats, glass, or jagged boat parts can cause deep wounds. These cuts often require stitches or reconstructive procedures. Infections are a concern, especially with exposure to lake water. Drowning or Near-Drowning Ejection from a vessel during a crash can lead to drowning, especially if the victim is unconscious or not wearing a life jacket. Even near-drowning incidents can cause oxygen deprivation and long-term organ damage. Children and non-swimmers are particularly vulnerable. Soft Tissue Injuries Whiplash, sprains, and torn ligaments may not seem serious at first but can lead to chronic pain and limited mobility. These injuries are often overlooked in the chaos after a crash but may require physical therapy or long-term treatment. Internal Injuries Blunt trauma can damage internal organs such as the liver, spleen, or lungs. These injuries may not be visible but can become life-threatening without prompt medical care. Signs include abdominal pain, shortness of breath, or signs of internal bleeding. Types of Legal Claims That May Arise Several types of legal claims can come out of Shootout-related incidents. If someone else’s actions caused your injury or damaged your property, you may have grounds for a lawsuit. Negligence Negligence is the most common claim. This applies when a boat operator behaves recklessly or ignores safety rules. Examples include speeding, intoxicated operation, or unsafe maneuvering near other boats. Product Liability If a mechanical failure contributed to the accident, you may have a product liability claim. These cases often involve defective boat parts, steering issues, or failed safety gear. Manufacturers or rental companies may be responsible. Premises Liability Not all accidents happen on the water. You might be injured on a dock, in a marina, or while boarding a boat. Slippery surfaces, broken steps, or poor lighting can lead to serious falls. In those cases, the property owner may be liable. Wrongful Death If someone dies due to a boating accident, their surviving family members may be able to file a wrongful death claim. This includes cases where a fatal collision, drowning, or equipment failure occurred because of someone else’s actions or negligence. Each of these claims requires specific evidence and legal knowledge. An attorney can determine what kind of claim applies and help you move forward. What To Do If You’re Injured or Affected If you're involved in a Lake of the Ozarks boat crash, your actions in the first few hours matter. They can affect your recovery and any legal claims. Call 911 or contact water patrol Move to a safe area if possible Seek medical attention immediately Take photos of the damage and your injuries Collect witness names and contact info Avoid making statements about fault File an official boating accident report Speak with a personal injury attorney before signing anything Acting quickly and preserving evidence can make a major difference in your case. How Harper, Evans, Hilbrenner & Netemeyer Can Help If you were injured in a boating accident during the Shootout, you don’t have to handle the situation alone. At Harper, Evans, Hilbrenner & Netemeyer, we help victims hold negligent parties accountable and recover compensation. Our team investigates the cause of the crash, gathers witness statements, works with experts, and deals with insurance adjusters. You focus on your recovery. We handle the legal work. Whether you were hurt as a passenger, a boater, or even onshore, we can help. Safety Tips to Avoid Legal Trouble at the Shootout Accidents are often preventable. These safety tips can help keep you and others safe, and protect you from potential legal liability. Assign a sober operator for your boat Obey no-wake zones and posted speed limits Keep a safe distance from other boats and the race course Avoid operating at night unless fully equipped Wear life jackets and carry approved safety gear Follow Missouri boating laws and registration requirements Do not overcrowd your vessel Be aware of weather changes and visibility If you’re renting a boat, make sure you understand how it works and that it has been properly maintained.  Contact Harper, Evans, Hilbrenner & Netemeyer Injured during the Lake of the Ozarks Shootout? Contact Harper, Evans, Hilbrenner & Netemeyer today for a free consultation. We’ll listen to your story, explain your rights, and help you take the next steps.
truck accident liability
By Law Missouri HEHN June 26, 2025
We’re breaking down truck accident liability in plain terms, so you know exactly what you’re up against and where to focus. Call us today for a consultation.
By Law Missouri HEHN June 26, 2025
If you have spondylolisthesis from car accident, it's best to talk with a trusted lawyer to get compensation. Call Harper, Evans, Hilbrenner & Netemeyer.
woman experiencing neck pain
By Law Missouri HEHN May 30, 2025
Learn the symptoms, treatment options, and legal steps for whiplash after a car accident. Don’t ignore the warning signs; get help and recover fully.
xray of the neck
By Law Missouri HEHN May 30, 2025
Learn how spinal cord fractures from car accidents affect your health, finances, and legal rights. Get help from Missouri injury attorneys today.