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Archives for October 2020

Why It’s Important to File a Police Report After a St. Louis Car Accident

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A police report contains all of the information about the car accident – and is a very powerful and useful document.

If you ever are in a traffic accident in St. Louis – even a minor collision – call law enforcement. Even if it’s just a minor fender-bender with no injuries, you should call the police so that a report can be filed. Here’s why this is so important.

police report car accident

What is a Police Report?

A police report is an unbiased report of what happened at an accident site and is filed by a law enforcement officer after they respond to the scene of a crash. This report usually contains quite a bit of information, such as:

  • The precise location where the accident occurred
  • The time and date of the accident
  • The extent of damage to vehicles and property
  • Injuries, if any, sustained by drivers, passengers, pedestrians, and any other involved parties
  • Statements and identifying information of eyewitness
  • Statements of each driver about their perspective of the accident
  • Environmental information about when the accident occurred, such as road conditions, fog, etc.

Basically, a police report contains all of the information about the accident – and is a very powerful and useful document when it comes to proving negligence, fault, and responsibility. 

Why Does Filing a Police Report Matter After a Car Accident?

A police report is a very powerful piece of evidence – whether or not you were at fault for the accident. 

  • Prove negligence & fault if you’re the victim – If you were the victim of a serious car accident, a police report has information that will help prove the responsibility of the other driver.

    This is very important in “shared fault” states like Missouri, where your compensation can be reduced if you’re found to have contributed to the accident due to your own negligence. By using the police report, you can get an unbiased perspective, and make sure the facts of the case are correct during the process of recovering the compensation you deserve.
  • Protect yourself if you caused the accident – Even if you were at fault and caused the accident, a police report can help your St. Louis car accident attorney defend you from false claims. A police report that’s thorough and accurate will help if the other party tries to claim false injury, misreports facts about the incident, or lies to try to get more compensation than they deserve. 

Speak With an Experienced St. Louis Car Accident Attorney ASAP

If you were injured in an accident and were the victim of negligence a police report can help a St. Louis car accident attorney build your case and get you the compensation you are legally entitled to.

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Click to Call: (314) 361-4242

Who Is at Fault for a St. Louis Car Accident in Bad Weather?

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If you’ve been involved in a bad weather car accident, you may be wondering how this affects fault and negligence in your case.

Like many other cities in the Midwest, St. Louis is often subject to seriously inclement weather that can affect driving conditions, such as powerful summer storms, fog in the autumn and spring, and sleet, snow, and ice in the winter. 

st louis weather related accident

If you’ve recently been in an accident and are looking for a St. Louis car accident attorney, you may be wondering if the weather will affect fault and negligence in your case.

You Still Have The Duty To Drive With “Due Care” During Inclement Weather Conditions 

The law – and auto insurance companies – require you to take “due care” and drive responsibly in all types of weather. Severe weather and poor road conditions do not exempt anyone from this responsibility. 

Simply put, no matter the weather conditions, you must drive responsibly. For example, driving slower than the posted speed limit in a major downpour, taking turns with caution when the road is icy, and even pulling over to stop driving if the conditions are so severe that you cannot see due to poor visibility. 

So if you want to make sure you avoid an accident in bad weather, drive safely – and try to avoid driving in weather that would be extremely dangerous due to low visibility or severe road conditions. 

You also must keep your car in good shape. Make sure your tires are adequate for rain or snow, fill up with windshield wiper fluid, and always keep your mirrors and windshield clean to enhance visibility and prevent fog buildup.

Responsibility in a Bad Weather Car Accident

If you take a turn too fast when it’s icy, spin out, and strike another vehicle, you will usually be found to be responsible for the accident. The police and authorities may note the weather as a contributing factor, but it generally will not change who is at fault.

On the other hand, if you take a turn and someone rear-ends you because it’s foggy and they were speeding, they will likely be found to be at fault, even if the visibility was bad. The person responsible for causing the crash will usually be found responsible – even if the weather is bad.

However, Missouri does have a “shared fault” law. If both drivers lose control of their cars and hit each other, the police and insurance companies may allocate “50%-50% fault.” This means that you may still file a claim against the responsible party, but your damages may be limited by 50% due to your involvement in the accident. 

Injured in a St. Louis Car Accident Involving Bad Weather?

If you have been hit because another driver lost control of their vehicle during bad weather, you will benefit from discussing your accident with a car accident lawyer in St. Louis. Contact an attorney in Missouri right away for a free case review, and get the assistance you need. 

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Click to Call: (314) 361-4242

“Should I Give a Recorded Statement to the Insurance Company After a Car Accident?”

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It’s not uncommon for insurance companies to ask car accident victims to provide a recorded statement.

They would often argue that the statement can speed up the claim process and help the victims get their compensation faster. The insurance adjuster may even sound friendly, helpful, and reasonable, so you may be tempted to give the statement. 

However, always keep in mind that insurance companies are for-profit businesses, meaning that their primary goal is to minimize their losses. What you say in your statement can and will be used against you to lower your compensation or deny your claim altogether. Before agreeing to anything, it’s wise to consult with an experienced St. Louis car accident lawyer.

Am I Legally Required to Give a Recorded Statement?

The short answer is no, you don’t have to offer a recorded statement if you don’t want to, regardless of whether the request came from your insurance company or the insurance company of the at-fault driver.

During the initial call with the insurance adjuster, they may ask for a recorded statement of your account of what happened during the accident. The adjuster may argue that they will use this information to analyze your claim and speed up the process. They will make a compelling case. They could even tell you that you may face legal repercussions if you don’t give them the statement. Don’t let yourself be fooled or scared by these tactics. Speak with an experienced attorney.

Insurance companies use recorded statements to try to catch claimants off on the wrong foot. For instance, they ask for the statement as quickly after the accident as possible, before you have time to speak with your lawyer and the investigators, or before all the injury symptoms start appearing. If you’ve suffered a soft tissue injury, such as whiplash, for example, it may take a few days for the symptoms to show up. You might not have noticed the neck pain yet, and thus tell the adjuster that you are feeling fine. If you start feeling pain in the next days, go to the doctor and find out that you have whiplash, it may be difficult to make a claim as your recorded statement says that you are fine. 

What Should You Do?

The best thing you can do is to politely decline the request and inform the insurance adjuster that all communication should go through your lawyer. 

If, after discussing this with your lawyer, you do decide to give a recorded statement, you should be very careful about what you say. If you don’t know the answer to a question, you can refuse to answer or consult with your lawyer first. If the insurance adjuster asks you to confirm information, don’t do it unless you are certain. Even something as innocent as “I guess so” can jeopardize your claim. 

Speak With a St. Louis Car Accident Lawyer

There’s rarely an instance when giving a recorded statement can benefit your claim. An experienced St. Louis car accident attorney can explain to you when and how you should give one. 

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Click to Call: (314) 361-4242

“What if the Value of My Car Accident Claim Exceeds My Uninsured Motorist Policy?”

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What happens if the driver that caused the accident is uninsured and the resulting damage exceeds the limit of your uninsured motorist policy?

The harsh reality of life is that sometimes regardless of how much you plan and prepare, there are just some things that are out of our control. Such is the case with car accidents. You may take all the right precautions to stay safe: drive under the speed limit, drive carefully and defensively, and keep up with your vehicle maintenance. Even so, you can still get hit by a distracted or reckless driver. 

unisured motorist coverage

However, you’ve prepared for this situation too, and purchased more than the minimum car insurance required in Missouri.  What happens if the driver that caused the accident is uninsured and the resulting damage exceeds the limit of your uninsured motorist policy?

Let’s explore your options. 

Car Insurance Requirements in Missouri

Drivers in Missouri are required by law to carry some form of auto insurance. The minimum level of coverage required is: 

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $10,000 per accident for property

Drivers in Missouri are also required to carry uninsured motorist coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.

What If My Claim Exceeds the Limit of My Uninsured Policy?

Some drivers purchase more than the minimum required. But, even when they do, the value of their car accident claim can exceed the limit of their policy. If the at-fault driver was also uninsured, then you can’t file a claim against their insurance company.

Although this may seem like an impossible situation, there still are a few options that you can explore to get compensation for your damages and injuries. 

For example, you can use your medical insurance to pay for some of your bills. Collision coverage can also come in handy and can help you cover some of the repairs needed for the car. 

There’s also the option of suing the at-fault party, although this one can be a bit tricky. Most people that don’t purchase auto insurance do so because they cannot afford it. So, if they cannot afford to pay a few hundred dollars for insurance, they probably don’t have the funds to cover your medical bills either. However, if they failed to purchase auto insurance out of negligence, then you might have a case on your hand. Discuss this with your St. Louis car accident lawyer and decide the best course of action under these circumstances. 

Speak With an Experienced Car Accident Lawyer About Your Claim

It can be incredibly frustrating to have to deal with this situation when you’ve been a responsible driver. If you have been involved in a St. Louis car accident, it’s important to look for a lawyer who has experience with similar cases and can help you file a successful claim. 

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Common Types of Car Accidents Claims that Benefit From the Experience of a Lawyer

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If you have been involved in a St. Louis car accident you may be wondering, “Do I really need to hire a car accident lawyer?”

This is a question you likely never thought about before the accident occured. One of the more unfortunate hallmarks of an auto accident is that it is almost always unexpected and that there’s never a good time to be involved in one.

st. louis woman with whiplash after car accident

So if you were recently involved in a car accident in St. Louis and you’re wondering if you should hire a car accident lawyer, the answer is that while it is not required, it is generally a good idea to speak with one. No matter the type of car accident you are involved in, if you sustained an injury, speaking with an experienced attorney about your case is generally a wise decision.

Here are some of the most common types of car accidents that will especially benefit from the assistance of an experienced St. Louis car accident.

1. Speeding

The reason why personal injuries and car accidents caused by speeding have such a strong correlation is that a vehicle that’s traveling past its posted speed limit can pack a pretty substantial punch.

Speeding is among the most common causes of car accidents in St. Louis. If you were hoping that the pandemic might have slowed that down a bit, the truth is that the roads have gotten more dangerous. Quiet streets have inspired some to even organize road races, thereby endangering other St. Louis residents. City authorities did recently respond to the problem by barricading downtown streets in an effort to keep the peace. 

2. Eyes off the Road

It’s the first rule we learn in driving school: eyes on the road. But for some of us, it seems as though the advice goes in one ear and out the other. Truth be told, many accidents are caused by drivers who are simply not paying attention.

Whether they are looking at their phones, joking with a friend in the passenger seat, or turning up the volume of their entertainment system, these distractions can come to a very abrupt and life-threatening halt. All it takes is a split second for the driver to lose control and cause irreparable damage.

3. Drunk and Drowsy Driving

Whether someone stepped into their vehicle after a few glasses of wine or is in dire need of a good night’s sleep, being drunk and drowsy are the two most dangerous states of mind while driving. 

Drunk driving is a pervasive problem across the country. When it is the reason for a car accident, it can add another complicated level of legal gymnastics to acquire your compensation promptly.

Drowsy driving has long been an underestimated issue that is only starting to spur some discussion. Americans fall asleep behind the wheel a surprising amount, with the CDC reporting that 1 in 25 adults have accidentally fallen asleep while driving.

Speak With an Experienced Car Accident Attorney

Car accidents happen for all kinds of reasons. Still, the overwhelming majority of crashes with a legally complex aftermath involve negligence due to speeding, distracted driving, and drowsy or drunk driving. If you sustained injuries after a car crash in St. Louis, speak with a car accident lawyer as soon as possible to learn more about your legal rights and options.

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Click to Call: (314) 361-4242

Car Accident Settlements in St. Louis: How Much Will You Be Compensated?

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Costs incurred after a car accident often include damages to your car, lost wages, injuries to your body, and medical bills. 

If you sustained serious injuries as a result of an auto accident in St. Louis, preparing for and enduring trial proceedings might not be the best way to get what you need: financial compensation and the ability to recover. 

To avoid a stressful and time-consuming court process in Missouri, many people decide to hire a St. Louis auto accident attorney to help them get a good settlement offer. 

expert witness in car accident

A settlement offer is a specific sum of money that will settle the claim—if the offer is accepted and paid by the negligent party that’s being held accountable. 

Missouri is an at-fault state, meaning that the driver who caused the accident should cover all of the damages the other party may have incurred. Costs may include damages to your car, lost wages, injuries to your body, and medical bills. 

However, there is an exception as stipulated by Missouri House Bill 339. If you drive without adequate automobile insurance coverage, you cannot recover damages from your car, though you can collect medical bills. This is also known as a “no pay, no play” rule.

What Is the Average Car Accident Settlement in St. Louis, Mo?

According to the National Highway Traffic Safety Administration, car accidents cost the United States $900 billion per year. After sustaining injuries in a car crash, you are often able to receive compensation for the financial losses you incurred. 

The average car accident settlement awarded in Missouri for “fender benders”—accidents without any physical or personal injuries—falls between $3,000 and $15,000. 

However, it’s far more difficult to estimate a settlement when personal injury is involved. Each case is unique, requiring the valuation of many different variables to determine the total sum. Settlements for personal injuries can vary wildly in range, from $30,000 to over $1 million.

If you choose to hire a St. Louis car accident attorney, they will calculate your settlement using various considerations, including:

  • The nature of the automobile accident
  • Any loss of wages and income due to the inability to work
  • Medical bills to seek treatment for car accident-related injuries
  • The severity of your injuries

Thus, it is hard to predict how much you will receive, as each settlement is tailored to the individual case at hand. Additionally, cases become trickier when there are multiple parties at fault, or when fault isn’t solely with one party, but shared between both. 

In St. Louis, auto accident attorneys and insurers resolve this issue by using Comparative Fault, a tort rule which holds that compensation for damages can only be recovered to the degree of fault in the car crash. 

So, for example, if one party is 40% at fault, and the other is 60% at fault in an accident with a total amount of $200,000 in damages, one party can recover $80,000 and the other can recover $120,000.

Speak With an Experienced Car Accident Attorney

If you have been injured in a St. Louis car accident, speak with an experienced car accident lawyer as soon as possible. They can give you a leg up in ensuring all variables and costs have been identified and calculated accurately. By receiving the financial compensation that you need, you can start to heal fully and get the peace of mind required to close this chapter. 

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242