Fault and Negligence

When you are in a car accident, the question of who is actually at fault will have to be determined according to the state law of negligence. The driver at fault will then be compelled to compensate the driver who was not at fault.

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Anytime a licensed driver gets behind the wheel, they have what is called a “duty of care” to all the other people who are sharing the road. This is not limited to other cars. This care also extends to bicyclists as well as pedestrians who are crossing the street at crosswalks. All of these road sharers have a duty of care to one another. Pedestrians are not supposed to jump out in front of cars, and bicyclists should not run through stop signs or red lights.

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A driver who has breached this duty is considered to be “at fault” for the auto accident. By definition, this driver would be considered negligent, which legally means that the conduct in which the driver engaged fell short of what any reasonable person in the same situation would do.

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For example, a driver who runs a stop sign and is hit by an oncoming car would be found negligent. Any reasonable driver would have obeyed the rules of the road and stopped at the sign before proceeding through the intersection.

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Negligent behavior is not limited to running through a stop sign. In Kansas City, negligence can also be:

• Excessive speeding

• Ignoring other road signs (yields, one-ways, etc.)

• Distracted driving

• Failing to give the right-of-way to the rightful person

• Driving Under the Influence

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These are just a few of the more common negligence cases that come across the desks of G. Gray Law LLC. If you think you have a case, call us immediately at (816) 888 3145 to speak with an attorney.

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At the Scene

Once an accident happens, stop your vehicle. Do not speed off or try to flee. You could be cited with a hit-and-run charge, even if you didn’t cause the accident.

As soon as you check to make sure that everyone in your vehicle is okay, get out of your car and check on the other vehicle. If anyone is hurt, call an ambulance. You should also call the police to file an accident report.

While you are speaking with the other driver, do not make an admission of guilt or imply that you had any fault in what happened. This can be used against you later, so do not make any questionable statements such as “I didn’t see you” or “I thought you were going to stop.” If taken out of context, the defendant might try to imply that you knew you were at fault the whole time.

Exchange information with the other driver and take pictures of the damage at the scene. You will need to get the other driver’s:

• Name

• Address

• Contact information (email, phone number)

• Insurance company name and policy number

• Driver’s license number

• Make and model of the vehicle

• License plate number of the vehicle

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Contact the G. Gray Law Office

Being injured in an auto accident in Kansas City can change how you approach your day-to-day tasks. You may not be able to participate in fun activities or sports that you once enjoyed, and you could have trouble completing simple tasks for yourself, such as cleaning and caring for your home and yourself.

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If your car is wrecked, you will have to rely on public transportation and your family members for support. While this is a temporary fix, your family members cannot drive you around forever. Without a car, you might have to relocate.

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We at the The G. Gray Law Office feel that you shouldn’t have to pay these excessive costs because of someone else’s negligence. You deserve compensation, and that’s what we’re all about. Contact the  G. Gray Law Office and receive the compensation you deserve for your injuries and damaged property. Call us at (816) 888 3145 today.