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You are here: Home / 2020 / Archives for March 2020

Archives for March 2020

7 Mistakes Teen Drivers Make That Can Lead to Car Accidents

March 23, 2020 by Christopher

Most teens in the US are eager to start their driving training and get their license. The minimum driving age with an unrestricted license in the United States is around 16-17 years old. This age usually coincides with big challenges specific to that age. Driving is most certainly influenced by the way teens socialize and spend their time.

Because this age group has such specific characteristics, it’s important to know what are the most common mistakes made by teen drivers and how to avoid them.

Forgetting the Rules of the Road

Because the rules are so fresh in their mind, teen drivers might have trouble remembering them. Rules are meant to make everybody on the road predictable to others and avoid collisions. Teens should make a habit out of recapping the rules of the road, making them more embedded in their minds.

Not Taking Proper Care of Their Car

Proper car maintenance is very important in minimizing accident risks. Teens are known to neglect car maintenance, because of forgetfulness, lack of money or other reasons. Adults should double-check if their teens are taking care of their car, and intervene when necessary.

Risk-taking

One of the age-specific mistakes teens make is to take risks that are too high. Risk-taking and impulsiveness are part of teenage behavior, which is why driving schools and parents should insist on explaining consequences and giving teens other ways of manifesting their impulses.

Drowsy Driving

Studying late, attending social events or just being a teen can make sleeping difficult. Sleep problems are common in teens, and their daily activities are not always scheduled to fit their delayed sleep. Because of this, many teens are tempted or forced to drive when tired, which increases the risk of accidents.

Speeding

One way teens manifest their love for the thrill is by driving fast. Sometimes, teens are given powerful cars that should be driven by more experienced persons. This can easily result in speeding. Combined with the lack of experience and the low reaction speed of beginner drivers, it can be deadly.

Using Their Mobile Devices While Driving

Teens use smartphones a lot to communicating and engaging with each other. Unfortunately, they are tempted to do so while driving. There are plenty of road safety apps that can limit the functions on mobile devices while the car is moving.

Having a Lot of Passengers at Once

Driving around with their friends is part of the fun of having a car. But having too many passengers in the car can be a major distraction for the driver, and can limit visibility for them. Teens should be firm in setting some rules when it comes to their car and how many passengers they have at once.

Driving is, indeed, a big milestone for any individual. To prevent fatal crashes and severe injuries, teens should be educated about the risks involved in driving a car, and what to do to minimize them.

If you or a loved one has been in a car accident, then the at-fault driver is responsible for paying compensation. Get in touch with a St. Louis car accident lawyer and let them review your case.

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Filed Under: Blog Tagged With: Teen Driving Accidents

Whiplash After a St. Louis Uber Car Accident

March 10, 2020 by Christopher

Whiplash is a soft tissue injury that is quite common in car accidents. It occurs especially in rear-end collisions where the head is jolted with force forward and backward in a whip-like movement.

If you’ve suffered this injury in a St. Louis Uber car accident, it is important to note that these cases tend to get a bit more complicated than other accidents.

Here’s what you need to know.

soft tissue injury

Steps to Take for a Successful Claim

Here are the steps you should take if you’ve been the victim of an Uber car accident:

  • If your injuries allow it, write down the names and contact details of the Uber driver, the other driver, and any eyewitnesses.
  • Get insurance information from all the drivers involved in the collision. Uber drivers often carry insurance and you will file your claim through their insurance company (if they were at fault,) and not through Uber. The ride-sharing company becomes liable only if the at-fault driver’s insurance company denies your claim or if the driver is uninsured. Uber has insurance for these cases. So, don’t assume that you will sue Uber and cash in a big check as this is rarely the case.
  • Take photos of the Uber car, the other vehicle, your injuries, and your Uber receipt.
  • Contact the police. You can use their report as hard evidence when filing your claim.

Seek Medical Care As Soon as Possible

It doesn’t matter if you were an Uber passenger or driving your own car. You should always seek medical attention right away even if you don’t notice anything wrong. Whiplash is a soft tissue injury that doesn’t always show symptoms immediately after the crash. It may take days until you notice the first signs.

A doctor will run tests to rule out any soft tissue injuries and provide you with the medical care you need. Their examination will help greatly in your compensation case as the attorney of the at-fault party will try to argue that something else caused the whiplash. And, they will be successful if you don’t have any evidence to back up your claim.

Make sure to follow their recommendations closely. The insurance company will use every opportunity they get to minimize your claim. Don’t give them any reasons to argue for a smaller settlement than what you deserve.

Here’s What You Should Know About Uber’s $1 Million Insurance Policy 

If you were injured in an Uber car accident, you likely think that if you file a car accident claim, you may take advantage of that large, $1 million insurance policy the company has.

However, don’t assume you are entitled to a $1 million payout. Car accident claims are much more complex, and the policy can apply differently for Uber drivers and passengers.

Understanding the Policy

If you are a passenger taking an official Uber ride, meaning the driver accepted your request and the ride details appear in the app, then you are generally protected by the $1 million insurance policy, as are any other third party victims like pedestrians affected.

This doesn’t mean you get $1 million in damages, however. It simply means that you are covered for all the injuries or pain and suffering the car accident creates. For example, the minimum coverage in Missouri for bodily injury in auto insurance is only $50,000, which means an Uber car accident claim has a lot more protection.

It Doesn’t Mean Uber Will Automatically Pay

There is an issue here that is related to the Uber driver, specifically that they are not employed by the company. Uber drivers operate as independent contractors, which means Uber may not be always liable for an accident.

Employers are almost always liable if an employee makes a mistake. The only exception would be if the employee did something illegal. However, because Uber drivers are independent contractors, the company may deny liability for an accident, in which case that $1 million insurance policy goes away. 

All Uber drivers are required to carry personal auto insurance, which does kick in whenever the Uber policy doesn’t. However, it’s probably safe to say that there aren’t many Uber drivers that have a policy anywhere close to $1 million.

How Would They Deny a Claim?

Uber, or their insurance company, likely has no intention of giving you money, even if morally they should. Because all their drivers are independent contractors, they can easily protect themselves from liability.

For example, if the accident took place because the driver was distracted, Uber can claim that’s not their fault. The driver should have been more careful, and pay attention to the road, and it’s not the company’s legal responsibility. 

An Uber insurance claim can be very difficult, and you may end up having to take the company to court and get a judge to rule on whether or not Uber should have pay for your injuries or not. This does not mean that you should settle for less than you are entitled to. An experienced car accident attorney will understand what your claim is worth and can help you fight for the compensation you deserve.

Speak With a St. Louis Uber Accident Lawyer

Uber accidents are not as straightforward as regular collisions and victims often get confused about who is liable, against who they should file a claim, and so on. An Uber auto accident lawyer can help you through the legal chaos and ensure that your claim will be successful.

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Filed Under: Blog

Recovery from a Knee Injury after a Car Accident

March 9, 2020 by Christopher

Knee injuries are quite common in car accidents, especially if you’ve been hit from behind and thrown towards the dashboard.

Recovery after a knee injury can take a long time. In some cases, victims never regain their initial mobility and have to live with pain and limited mobility. That’s why a good St. Louis auto accident lawyer is so important. They can make sure you get proper compensation to cover for the cost of your pain and suffering.

knee injury in a st. louis car accident

The Most Common Knee Injuries in Car Accidents

Here are some of the most common types of knee injuries that occur in car accidents:

Patella Fracture

A fractured patella – or a broken kneecap – is a severe injury that happens often in rear-end accidents. The knees of the driver or the front passenger hit the dashboard with intense force. All the pressure goes to the patella, which can get fissured or fractured. This injury comes with excruciating pain and limited mobility in the knee joint: some patients can’t straighten their knee or put any weight on it.

Ligament Tears and Stretches

Although they are more common in people who practice sports, knee ligament injuries can also result from a car accident. It usually occurs when the knee is trapped under the dashboard, steering wheel or other objects and there is unusual bending in the joint.

These are the ligaments in your knee that can be injured in an accident:

  • ACL (anterior cruciate ligament): it connects the thigh bone to the shin bone
  • PCL (posterior cruciate ligament): rarely injured outside a car accident, this ligament also connects the thigh bone to the shin bone
  • LCL (lateral collateral ligament): connects the thigh bone to the fibula
  • MCL (medial collateral ligament): connects the thigh bone to the shin bone on the inside of the knee joint

Recovery After a Knee Injury

As mentioned before, recovery can be long after a knee injury. Many cases need surgery to regain most of the mobility and prevent the injury from getting worse. Most patients need physiotherapy for a long period to strengthen their muscles and better sustain their joints.

If you have been in a car accident and start observing symptoms that could be related to a knee injury, go see a doctor right away. Often, injuries are not observed immediately after the accident, and they can get worse if left untreated. Follow your doctor’s orders very closely and see the specialists they refer you to.

All these efforts are meant to give you the best chance to a full recovery of your knee, but they also serve as hard evidence in a car accident claim.

We strongly recommend hiring a reputable St. Louis car accident attorney for knee injury cases, as they can typically get worse over time and need a long recovery period. A good attorney will not take an early offer from the insurance company, leaving you uncovered in the future, and they will make sure to include in the claim all the medical treatment you will need.

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Filed Under: Blog Tagged With: knee injuries

It’s Been Six Months Since My Car Accident Injury. Can I Still File A Claim?

March 4, 2020 by Christopher

Perhaps you’ve been the victim of a rather serious car accident that resulted in a lot of injuries. A lot of injuries can mean countless medical bills, lost wages, and who knows what other damage.

As you try to face all these challenges the car accident has created, you see that it’s been around six months since the day of the accident. Can you still file a car injury claim?

st. louis man with car accident injury claim

The Statute of Limitations Is Bigger Than You Think

In Missouri, you can file a car accident claim up to five years from the date of the accident, so if only 6 months have passed, you can still file a claim to be compensated.

And it’s important to do it, fast. You may want to wait until you’re fully recovered, but you may not have that luxury. Even though the statute of limitations is five years, the more you wait, the harder it may be to win a claim.

Why You Should File a Claim As Soon as Possible

It’s important to take legal actions as soon as you can, to increase your chances of recovering the compensation you are legally entitled to. You will still need to convince the insurance company your side of the story is true.

Not only that, but the final settlement is generally established through negotiations, which means the more evidence you have, the more money you can ask for. The problem is, a lot of evidence in car accidents is rather time-sensitive and may be lost forever if you don’t act fast.

This evidence can include:

  • Witness testimony – people can forget important details of an event, which may affect your claim
  • Skidmarks, or other road damage
  • Video surveillance may be lost
  • Some of your injuries can heal, and may not be reflected in your medical bills

Additionally, even for evidence that is not time-sensitive, waiting too long to file a claim always increases the chance of misplacing key documents or files that could prove essential in a car accident claim. For example, you may not be very careful to put all your medical bills neatly in one place, especially if you are dealing with the stress of recovery. But when you file your claim, you will need these bills, and if you can’t find them this may create some issues, such as delays in the proceedings.

What Should You Do?

If you’ve been the victim of a car accident, the law stipulates you have the right to get compensated from the at-fault driver. Time is of the essence here, and although you have five years to file a claim, you should never wait that long. Get in touch with a St. Louis car accident lawyer right away to discuss your case and to find out what your next legal steps should be.

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Filed Under: Blog Tagged With: Injured in a Car Accident

How to Deal with Chronic Pain After a Car Accident

March 2, 2020 by Christopher

Are you dealing with chronic pain after being in a car accident? Here are some tips for making your recovery easier.

man with chronic pain after a car accident

Causes of Chronic Pain

When it comes to injuries caused by car accidents, a lot of them can result in chronic pain for the victim. Here are some examples of the most common injuries one can sustain in a car crash and that can result in chronic pain:

  • Soft tissue injuries such as whiplash, ligament tears, knee injuries and other types of soft tissue damage can leave the victim with stiffness, chronic pain and limited mobility Soft tissue injuries are hard to get rid of and often result in a poor quality of life for a long time after the accident
  • Traumatic brain injuries: concussions, contusions and other types of brain injuries resulted from the forces of impact in a car accident can leave the victim with headaches and migraines that can appear for years after the head injury
  • Beck and neck injuries: herniated discs, broken back and neck bones and other injuries to the spine can cause chronic pain and dramatic life changes for a car accident victim

How to Deal With Chronic Pain After a Car Accident

Chronic pain can make even the simplest tasks unbearable. It can prevent you from working, enjoying pleasurable activities like playing sports with your kids, enjoying your hobbies or traveling.

Besides being present in your life all the time, chronic pain can also bring a lot of stress by being hard to prove to the insurance company that is supposed to pay for your treatment.

Here is how to deal with chronic pain after a car accident:

Follow your doctor’s orders and get checked thoroughly for the underlying cause. See the specialists that your doctor recommends and follow your treatment plan exactly as it was given to you. Keep all your medical records and try to keep a personal journal of your chronic pain, using scales for measuring the intensity and writing down timestamps of each flare.

Next, speak with an experienced St. Louis car accident lawyer who can help you get the compensation you deserve for the chronic pain you have to deal with.

Dealing with chronic pain can be a lifelong struggle, but it’s important not to give up and treat this issue with seriousness, as it can affect you for many years to come.

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Click to Call: (314) 361-4242

Filed Under: Blog Tagged With: Injured in a Car Accident

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    Copyright © 2021 The Hoffmann Law Firm L.L.C.
    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.