Car accidents make up the majority of personal injury cases in the U.S. court system. They are an unfortunate fact of life as the majority of American's drive cars. If you or a loved one is involved in a car accident due to another person's negligence or recklessness, the laws in Missouri and Illinois holds them responsible.
The legal aspects of any lawsuit can be confusing and difficult to remember. If you have been involved in a car accident, you are sure to be immersed in a sea of insurance claim adjustors and attorneys speaking a specialized language. Before you actually decide to file a lawsuit, it is a good idea to be aware of the technical terms to be used in your case.
Here is a glossary of some of the basic terms to help you decipher some technical terms:
1. Actual cash value - This is another way of telling the market value of your car. It is measured based on how much the car could have been sold for, before it was destroyed or damaged. In case the car is declared a total wreck, the insu
rance company has to pay this amount to the owner.
2. Burden of proof - This is a context of reference for the person responsible for providing evidence on the damages sustained by the vehicle. In the case of a car accident, generally the plaintiff has the burden of proof to establish the other party liable for the accident and injuries.
3. Joint fault - A car accident is not always the fault of one driver alone. It can occur due to the negligence of both the drivers. This is investigated by the claim adjustor and in case of a lawsuit; it is questioned by the court as well as attorney.
4. Negligence - When an accident happens due to the ignorance or failure to meet a legally imposed duty by a person, he is said to be negligent. If there is damage or injury duly caused, then he will be responsible for it.
5. Liability - This is the legal term for proving the fault of a party who caused the accident and will therefore be responsible for any kind of damage or financial reimbursements. Liability of a party can be established in a number of ways. These include police reports, statements of witnesses, crime scene evidence, traffic footage of the scene etc.
6. Negligence per se - This is a legal term used to describe that no further evidence of fault need be displayed once the act of commission is established in case the act is careless in and of itself. Precisely, in a car accident case, a driver can be deemed “negligent per se” when he breaks the traffic law. While this does not ensure an automatic win for the other side, it is generally a very daunting task to dig out of this presumption for the other driver.
7. DUI - DUI stands for driving under influence. This is a serious charge inflicted when one is found guilty of driving the vehicle in a drunken condition which is beyond the safe driving limit with alcohol content in your body. In Illinois and Missouri, the alcohol content limit is 0.08%. Any individual driving above this limit is eligible to be pressed with charges of drunk driving. If an accident takes place in such a state, then there are more complexities involved with a lot of legal formalities and charges may rise up to misdemeanor trials as well.
8. Settlement - A settlement is a monetary payment offered to the opposing party by the defender outside the legal process to resolve any and all claims made. If a settlement agreement is signed, then you cannot file any claim and will waive all your legal rights to file any lawsuit either. It is advisable to consult an attorney before you take up any settlement agreements.
9. Total loss - A vehicle is declared a total loss when it cannot be repaired or the estimated value of the repair is above the market value of the vehicle. In this scenario, the insurance company pays off the actual car value to the owner.
