Whiplash St. Louis - Whiplash Injury - Car Accident

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

Archives for July 2020

What Should I Do If an Uber or Lyft Hits Me as a Pedestrian in St. Louis?

by

It’s been estimated that Uber, Lyft, and other ridesharing services have caused road deaths – including pedestrian deaths – to jump by up to 3%.

Drivers who work for Uber or Lyft often drive in highly-trafficked downtown locations where it can be difficult to drive safely, and this can result in serious injuries or even deaths if they hit a pedestrian.

So, what should you do if you’re ever hit by a Lyft or Uber driver as a pedestrian in St. Louis? 

1. Call 911 Immediately 

You may need medical help if you’ve been hit by a Lyft or Uber driver. Even a low-speed accident could result in broken bones, head injuries, scrapes and cuts, and internal bleeding or even organ damage. Don’t assume you’re okay – adrenaline may make you think you’re fine when you’re actually very hurt.

You also need to talk to the police and file an incident report. Tell them everything you can about the incident, and make sure they interview witnesses and passersby so that they have a full account of how the accident occurred. 

2. Gather As Much Information As You Can About The Incident

The police will gather this information, but you should collect it yourself to be safe. Get the name of the driver, find out which service they were working for, note the make, model, and color of their car, and write down their license plate number.

3. Take Photos

Documenting the incident area with photos can help you build your case in court and protect yourself. You can take photos of your injuries, the crosswalk or other area where you were hit, and any other evidence that may help you in the future. 

4. Get A Copy Of The Police Report

The police report should have a comprehensive overview of the incident and will be valuable throughout the claims process. Getting a copy of the report can also help you determine if there are any accuracies or inconsistencies that need to be addressed.

5. File A Claim With Lyft, Uber, or The Driver’s Personal Insurance Policy

The way insurance works with Lyft and Uber is a bit complicated. Drivers are covered by Lyft or Uber policies when driving and picking up/dropping off passengers. 

However, when they are not actively driving for Uber or Lyft, they are covered by their own auto insurance policy. In some cases, they may also not have informed their auto insurer that they are driving commercially and they may lack the proper coverage, making the situation even more complex. 

This can make it hard to know who you should file your claim with. That’s why we recommend you work with an experienced Lyft accident lawyer or Uber accident lawyer. Your lawyer can help you navigate this process – and work to get the compensation you deserve for your injuries.

Get Help From a Ride-Sharing Accident Lawyer In St. Louis 

Due to the complexity of accidents involving rideshare drivers, it’s hard to navigate the process on your own. Get in touch with an Uber or Lyft accident lawyer in St. Louis now to get the help you need, and make sure you’re properly compensated for your injuries and your pain and suffering.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Car Crash With an Employee: Do I File Against the Driver or the Company?

by

If you have been involved in a St. Louis car accident with an employee on duty, you may be unsure of what to do next.

The legal aftermath of a car accident is often hard to navigate and leaves victims confused and unsure of what to do next. This is the case when someone is hit by a driver who was on duty, commuting to work in their company vehicle, or performing work duties as drivers. 

When you are in this situation, as a victim, who do you file the claim against? Will you target the driver himself or should you address the driver’s employer? 

We will discuss this situation from a legal point of view to see what options one has when being hit by a driver on duty.

two st. louis men involved in a car accident

What Is Vicarious Liability?

Vicarious liability is a doctrine that applies in certain cases when another person, different from the driver who caused the accident, can be held responsible for their negligence. This applies to accidents caused by teen drivers, drivers who use someone else’s car, drivers who were performing work duties at the time of the accident, and so on.

This means that a driver’s employer can face a car accident claim if their employee caused an accident. The key factor in using this law as a car accident victim is being able to prove that the other driver was, indeed, performing their work duties when they caused the accident.

Most often, though, the car accident claim will directly be addressed to the at-fault driver’s auto insurance company. Minor accidents are easily solved in this manner. The problem arises when the at-fault driver is uninsured or underinsured. If their policy is not active or if it doesn’t cover the damage, you may redirect your claim towards their employer.

Still, victims can first try to use their own UMI (uninsured motorist insurance) to cover the full extent of their damage, but it’s not a rule. You can file a claim towards the driver’s employer, which many victims do because of a higher chance of company insurance covering more extensive damage.

How to Approach a Case of Vicarious Liability?

As you can see, insurance coverage can become quite complicated in some cases. If you are dealing with a similar situation, we strongly recommend getting in touch with an experienced St. Louis car accident lawyer. They can compare the possible outcomes of the main options you have, choosing the quickest and surest way to get the compensation you need.

What Should You Do?

It may be tempting to file a case against the employer, hoping to get higher compensation. The good news is that companies are more likely to solve the claim quicker, in order to avoid bad publicity, and they also have their own strategies to establish liability correctly. However, that’s not always the case.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Filing a Car Accident Claim If You’ve Been Injured in a Taxi Accident

by

Whether you are a passenger in the taxi, or driving your vehicle and get hit by a taxi, the aftermath may seem unclear from a legal standpoint.

Car accidents are more likely when you live in a big city. Whether you are a passenger in the taxi, or driving your vehicle and get hit by a taxi, the aftermath can be unclear from a legal point of view. Can you file a claim against a taxi driver or its company? 

The answer is, generally, yes. However, there’s more to it. Here’s what else you need to know.

taxi car accident lawyer

Were You a Passenger in the Taxi?

When you take a taxi, you trust the driver with your physical integrity. Although taxi drivers are experienced, accidents can happen and you can get injured. Fortunately, it’s easier for a passenger to get compensation since they cannot be deemed liable for the accident. You can file a claim towards the taxi driver, the other driver involved, or even both drivers. 

Were You Hit by a Taxi While Driving or While Being a Passenger in Another Car?

If the taxi driver is found to be at fault for the accident, you can typically file a claim against them or the company they work for. In at-fault states, such as Missouri, you can file a claim even if you share the responsibility for the accident. The settlement will be calculated based on how much each of you was at fault.

Should You Pursue the Taxi Driver or the Company They Work For?

This depends on what caused the accident and who is at fault. If there was a problem with the taxi maintenance and a technical issue led to the accident, the company will generally be held liable for not keeping their vehicles safe for the users. Even if the accident was caused by pure human negligence on the part of the driver, you may be able to sue the company, as the principle of “vicarious liability” may apply (they are responsible for what their employees do while on duty).

How to File a Taxi Accident Claim?

In both scenarios, you should start gathering evidence as soon as possible, right at the scene of the accident. Collect information about the drivers who were involved, eyewitnesses, and the scene of the accident. Take pictures of the vehicle you were in, the other vehicle, and your injuries. Call the police even if the accident seems minor because hidden injuries and underestimated property damages are usually found later.

Why You Should Speak With a St. Louis Car Accident Attorney

Filing a claim is best to be done with the help of an experienced St. Louis car accident attorney since claims can get complicated very fast. An attorney will guide you through the entire process and make it easier to pursue the compensation you deserve, especially when filing a car accident claim against a taxi driver.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Hearing Loss After a St. Louis Car Accident: What Are My Options?

by

If you start noticing hearing loss after you’ve been in a St. Louis car accident, you may have a few options.

Most of us think about hearing loss as a degenerative condition. People who have worked in a loud environment or those who are aging may experience progressive hearing loss.

However, hearing loss can happen abruptly too, for example after a car crash.

If you start noticing hearing loss after you’ve been in a car accident, you may have a few options.

hearing loss

How a Car Crash Can Lead to Hearing Loss

Hearing loss is often the last thing people think of when it comes to car accidents. Although not very common, it can still happen.

A head injury may cause a fracture of the cochlea in the inner ear or dislocation or fracture of the middle ear bones. Trauma to the head can also create a hole in the inner ear or it can lead to inner ear bleeding.

More often than not, the deployment of the airbag is responsible for hearing loss. One study estimates that about 15% of the victims involved in car accidents where the airbag was deployed will suffer some form of hearing loss. That’s because when the airbag is deployed, it can create an explosion with a sound pressure higher than 170 decibels. 

What Are My Options?

You may be presented with a tempting offer from the insurance company immediately after the car accident, and it is understandable if you want to take it. However, be sure to consult with an experienced St. Louis car accident attorney first. More often than not, this settlement doesn’t represent the real value of your injuries and it doesn’t account for future expenses and lost wages. 

A good lawyer will go through your medical records and consult with your doctor to get the full scope of your injuries. If you accept the settlement but later find out that you need additional treatment or surgery, you will likely have to pay for them out of your own pocket. 

A fair compensation will account for:

  • Present and future medical expenses: Emergency care and diagnostic tests are just part of the medical costs that come with hearing loss after a car accident. Keep in mind that hearing aids need to be replaced every three to five years and they require regular maintenance.
  • Lost wages: You may have to take time off work during your recovery. In some cases, you may not be able to return to your old job after suffering a hearing loss injury. 
  • Pain and suffering: Losing your ability to hear can take an emotional toll on you as you may not take part anymore in your favorite activities or even regular ones too. Going to see your favorite band live or even talking with family members may become a struggle, which can deteriorate your mental health. Your claim should account for your pain and suffering and award your proper compensation. 

Get Help from an Experienced Car Crash Lawyer

Get in touch with a St. Louis car crash lawyer now for a free consultation. Speak with us 24/7 to ensure your legal rights are protected after a car accident.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How You Can Prevent St. Louis Car Crashes This Summer

by

Statistics show that driving during the summer may put drivers at a higher risks of car accidents than other months of the year.

Data from the National Highway Traffic Safety Administration show that in Missouri the number of car accidents start to grow in May, peak in August, and slowly go back down around October.

The conclusion you should draw after looking at this data is this: you should be very careful when driving in the summer.

summer driving safety tips

Why Are Summer Months More Dangerous?

There are a number of reasons why driving in the summer may be riskier:

  • More teen drivers on the road – because of the summer break, these inexperienced drivers may have more time to get behind the wheel
  • Tourists and travelers – summer is the time when city traffic may get a lot worse because more people are visiting a particular area
  • Road construction sites – there is a lot more construction done to the roads during the summer than winter
  • Driving under the influence – summer is a popular time for various celebrations, barbecues, and other events where individuals may choose to drink alcoholic beverages. Unfortunately, some of them also decide to get behind the wheel after they’re done having fun.
  • Heat strokes – driving when it’s extremely hot can lead to dehydration and driver fatigue, which impairs a driver’s ability to drive safely, putting themselves and others in danger.

How to Stay Safe

It’s important to take a few extra precautions when driving during the summer. Small actions can go a long way to keeping you and your family safe and avoiding a potential collision.

Here are some things you can do:

1. Check Your Vehicle

Keep your vehicle up to date on all its repairs for the summer, with special attention to the air conditioning, engine, and tires.

2. Stock up

Always have plenty of water in the car with you, especially if you’re planning to go on a longer drive. Staying hydrated is essential in avoiding heat strokes and driver fatigue.

3. Avoid Congestion

If possible, try to avoid times of day or roads where there is a lot of traffic. It’s best to opt for alternative routes, even if they take longer, since this way you’ll avoid getting stuck in traffic.

4. Pay Attention

It’s incredibly important to pay attention to the road and the other drivers. If you see a driver behaving strangely, with unpredictable actions, it’s best to try to avoid that vehicle. The driver may be intoxicated or inexperienced.

Injured in a St. Louis Car Crash? Speak With an Attorney!

Unfortunately, no matter how much you prepare or how careful you are, sometimes the inevitable happens. If you’ve been the victim of a car accident and want to file an insurance claim, please reach out to a St. Louis car crash lawyer right away to ensure your legal rights are protected.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

What Doctor Should You See After a St. Louis Car Accident?

by

No matter what is visible after the accident, or how fine you feel, it’s essential to seek medical attention after a car accident.

Car accidents can leave you with anything from a few minor bruises to serious life-threatening conditions. No matter what is visible after the accident, or how fine you feel, it’s essential to get to a doctor right after the incident takes place. Both for your health, and to secure your chances of getting compensated.

However, you may be wondering what kind of doctor you should see. Maybe you’ve heard somewhere that your primary physician may not be the right medical expert to treat your car accident wounds.

Here’s how to determine what kind of doctor you need.

car accident doctor

What’s Your State Right After the Accident?

Car accident severity can differ, which also means your medical needs may range between immediate to not so immediate.

The first thing you need to do is quickly check your body to see if there is anything severe that may require urgent care, such as a fracture, bleedings, or bruises that appear right after impact (these may be signs of internal bleeding). 

If there is something visibly wrong, then you should go to an emergency room doctor for immediate attention, or call 911 and go to the hospital via ambulance. Emergency room doctors have experience in dealing with car accident victims and will be able to treat your injuries, then recommend what type of specialist to see next if needed.

Additionally, if you’ve hit your head or neck and feel sore, even if there is nothing visibly wrong, these may be signs of a brain injury, and you should treat it right away.

What If You Don’t Feel or See Anything?

If your condition seems fine and you don’t need immediate care, you should at the very least make an appointment with your primary physician as soon as possible. Some injuries are harder to detect at first and may get worse over time if left unchecked.

Call your primary physician and tell them you’ve been in a car accident and want to have a check-up. It’s really important to tell them about the car accident because your primary physician may not be able to treat your car accident injuries.

If they lack this kind of experience, this can even hurt your insurance claim, as you’ll rely on your doctor’s help when trying to recover pain and suffering from the at-fault driver.

Your doctor may be able to recommend another doctor to take you in if they are not able to treat you. 

Once you get checked up, it’s possible to need to see additional specialists, depending on your condition. The doctor will make the appropriate recommendations based on your condition.

Speak With an Experienced St. Louis Car Accident Lawyer

A St. Louis car injury lawyer is here to help you collect damages for all your pain and suffering from the at-fault driver. If you’ve been the victim of a vehicle collision, reach out to an experienced lawyer now!

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242