The Missouri State Highway Patrol is blaming driver overcorrection as the cause of an accident on US 59 and Maxwell Road near St. Joseph, Missouri. The crash occurred on April 6, 2015 at 11:18 p.m. Tolby Thompson, 20 years old, of St. Joseph, Missouri, was operating a 2004 Pontiac Grand Prix northbound on US 59, with passenger Bryce Cadwallader when the crash occurred.
Police report that Thompson attempted to pass a vehicle stopped in the center turn lane when he lost control of his vehicle. The vehicle then traveled off the roadway and struck a utility poles cable support. The vehicle overturned numerous times, hitting a shed, fence post, and the porch of a nearby house. Both Thompson and Cadwallader were taken to Mosaic Life Care for treatment of their injuries.
Determining Fault in Single Vehicle Collisions
With the facts above, it is possible that Thompson is not solely responsible for the crash. The Missouri State Highway Patrol noted that Thompson was avoiding a vehicle parked in the center turn lane. If this vehicle was improperly stopped in the roadway, it may share responsibility for the car accident.
As is often the case, when a car swerves to avoid a negligent vehicle in the roadway and there is no impact with the other vehicle, resulting in a single car accident, the other vehicle cannot be found after the crash. If this occurs, Missouri law allows the injured party to make an uninsured motorist claim against their own insurance company for their injuries.
Regardless of whether Thompson or another vehicle was responsible for the crash, Cadwallader was a passenger and had no control over what happened. Cadwallader will be able to seek reimbursement for his injuries from Thompson’s insurance company, State Farm, if he is found at fault for the crash. Cadwallader will also be allowed to make an uninsured motorist claim if the driver of the parked vehicle is found to be at fault for the crash. If it is determined that both drivers shared a portion of fault for the crash, then the victim will have to make two separate claims.
Dealing With Insurance Companies After a Crash
After an auto accident, you should be on alert when dealing with the auto insurance companies. The insurance industry is a for profit business that makes billions of dollars each year by taking more in through premiums than they pay out in claims. After a crash your interest is in recovering full reimbursement for you harms and losses. This puts your interest at odds with the insurance company from the outset.
A free consultation with an accident lawyer will provide you additional protection. The insurance companies will immediately try to pressure you into signing a release and settling the case. They are not concerned with your need for future medical treatment or lost wages. If they can get you to sign a release, they are off the hook for all further responsibility.
After a crash, just take your time before dealing with the insurance company. The State of Missouri has a 5 year statute of limitations for most injury cases, and a 10 year statute of limitations for uninsured motorist claims. Take your time to ensure you receive all the medical treatment and legal advice you need. Take advantage of a FREE LEGAL CONSULTATION to ensure you are seeking all the compensation you are entitled to receive.
As an attorney for accident victims, we have helped recover over $35,000,000 for injury victims through settlements, judgments and verdicts. Call (314) 409-7060 today to speak to an injury lawyer. Ask about our NO FEE GUARANTEE. We are here to serve.