Whiplash St. Louis - Whiplash Injury - Car Accident

Whiplash St. Louis - Whiplash Injury - Car Accident

Using Phone Records in an Auto Accident Case

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Phone records can help your auto accident attorney prove that the other driver was using their cell phone at the time of your car accident.

The most dreaded result for you and your St. Louis auto accident attorney is to be locked in a “he said, she said” personal injury case. The reason is that these situations rarely yield favorable results unless new evidence comes to light. One example of further proof is cell phone records, which can indicate driver distraction at the time of the accident. This new information can turn the tides of your claim, so pursuing it is worth your consideration.

Fault

The critical factor in personal injury cases is fault. As a result, what you need to do is assess the conditions surrounding your accident. That can mean liability for you, the other driver, a third party, or a combination of the three. Once you calculate rough percentages for each party’s fault, you can craft a strategy for obtaining compensation. The reason that this concept is relevant to the current discussion is that you can argue that texting or talking on the phone is a negligent behavior and that one party could be liable for engaging in it.

Dangerous Phone Use Behaviors

The three most dangerous behaviors people engage in with their phones are talking, texting, and internet browsing. Each of them generally takes people’s attention off the road and their hands off the wheel. The results can be disastrous, as distracted driving is one of the top causes of accidents and fatalities across the country.

Your Word Against Theirs

If another driver is using their phone when they hit you, you may have a case against them. Unfortunately, they might deny their usage despite you clearly seeing that they were. The result will be a “your word against theirs” situation, which rarely gets resolved. You do have one option that can prove the legitimacy of your claim, though.

Using Cell Phone Records

The best way to prove phone use is through company records. If you can get access to them, you can show that the other party was using their phone at the time of the accident, or at least just before it. This will strengthen your case and lead to a more favorable settlement. In the context of a negotiation outside of court, your lawyer will use the records as leverage to sweeten your deal. If you end up at a trial, the judge will take the data into account.

How to Obtain Them

As you might imagine, you can’t just find somebody else’s private information online. What you can do, though, is ask your lawyer to draft a subpoena. This is a legal document that is essentially a request for the data to be released. Your attorney will argue to the cell phone company that the information is needed for your case, and they will often comply.

If your request is denied or the records do not indicate wrongdoing, then you can simply move on. On the other hand, if you prove that another party was using their cell phone, that could be the break you need to shift the case in your favor.

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The Most Common Types of Reckless Driving

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An excellent way to lessen your chances of being involved in an auto accident is avoiding these reckless habits.

Reckless driving is a blanket term that covers a broad range of risky behaviors. An excellent way to lessen your chances of being involved in an auto accident is cutting down on these reckless habits. Below, we present some of the most common mistakes people make on the road and explain why avoiding them is in your best interest.

Speeding

Speed limits are not arbitrary. Instead, traffic safety experts choose them based on the nature of the road. The result is that it is always smarter to stay at the speed limit or slightly underneath it. People that choose to go faster get into more accidents, and because the speed is higher, those accidents tend to be more damaging.

Following too Closely

Another common mistake is following too closely, which many people call “tailgating.” What you can do to avoid this error is make sure your following distance is at least 3 seconds. You can do so by choosing a stationary object on the side of the road, starting to count when the car in front of you passes it, and stopping your timer when you reach the object.

Running Through Intersections

Whether it is a stop sign or a red light, running through an intersection is one of the most dangerous things you can do. The reason is that it so often leads to T-bone collisions, which are frequently deadly. You can avoid this mistake by making complete stops at signs and adhering to traffic lights.

Not Using Turn Signals

One of the primary causes of accidents is a lack of communication. The reason is that you cannot tell other drivers what you’re about the do. Fortunately, you do have your turn signals, which can indicate your next move. An excellent way to stay safe is using them whenever it is appropriate.

Improper Merging

When merging into traffic, be sure to keep your speed up and try to fit seamlessly into the line of cars. Alternatively, when someone is trying to merge into your lane, try and be polite by letting them in. Doing so will increase your safety and make traffic flow better.

Unsafe Lane Change

Many people change lanes in an unsafe way. You can avoid this mistake by following a few simple guidelines. They include using your turn signal, checking your blind spots, and making sure there is ample room for you to move into the other lane.

Being Too Aggressive

A common mistake is getting angry on the road. The result is excessive honking, cutting people off, tailgating, and more. If you want to stay safe, you must resist these feelings and try to remain calm.

Eliminating your reckless driving habits is one of the best ways to make yourself safer on the road. That being said, you cannot rely on other drivers to do the same. If you find yourself involved in an auto accident with some who was driving recklessly, get in touch with a St. Louis auto accident lawyer 24/7 at (314) 361-4242 for a FREE consultation.

St. Louis Car Accidents at Red Lights and Stop Signs

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No matter who you are, brushing up on traffic laws is always a good idea.

Though many St. Louis residents think they understand intersections perfectly, many of them would fail if you gave them a test on the subject. The reason is that there are a few confusing intricacies that many don’t fully understand. Here is what you need to know about driving through red lights and stop signs.

When to Stop

Four traffic features require you to stop: Stop signs, red lights, flashing red lights, and traffic lights that are off. When doing so, make sure you come to a complete stop before starting again. Just slowing down to a low speed and then starting up again is not sufficient. While stop signs and red lights are straightforward, many drivers do not know how to act when a stop light flashes red or turns off. In these situations, you treat the intersection as if it were a four-way stop sign.

Right on Red

Though this law varies from state to state, Missouri allows drivers to turn right on red lights. When you do this, make sure that no other cars are coming down the road. If they are, wait for them to pass because they have the right of way. The one exception to the right on red rule is when there is a sign indicating that you cannot turn. If there is, follow that sign over the general guideline.

Left on Red

Some states allow this kind of turn, but Missouri is not one of them. If you are turning left at an intersection, you must wait until your light is green before entering.

Yellow Lights

When you are heading towards an intersection and see a yellow light, that serves as a warning of the red light coming soon. The law indicates that in these situations, you are allowed to enter the intersection as long as the light is still yellow. One thing to note, though, is that last second entries are often both unsafe and misinterpreted by police officers. For these reasons, you should always lean towards stopping over driving through a yellow light.

Bicyclists and Motorcyclists

Under some circumstances, cyclists are allowed to run a red light. What they must do to make it legal is come to a complete stop, wait for an ample amount of time, determine that the light is not sensing them, and safely enter the intersection when there is no cross traffic.

No matter who you are, brushing up on traffic laws is always a smart decision. When you do, you increase your odds of staying safe. Unfortunately, a crash may still occur due to the negligence of another driver. If you are involved in a car accident, get in touch with a St. Louis car accident attorney 24/7 at (314) 361-4242 for a FREE Case Evaluation.

How Witness Credibility Can Affect Your Car Accident Case

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One of the best pieces of evidence you can collect in a car accident case is witness testimony.

That being said, they are not perfect and are frequently called into question. The primary way lawyers do so is through assessing witness credibility, which we explain below.

talking after car accident

Why Witnesses Are so Crucial

The most powerful support you can obtain for your case is physical evidence. If you have a video or a compelling accident reconstruction, you will have an excellent shot at compensation. Unfortunately, physical evidence is sometimes hard to find. Instead, the situation becomes your word against the other drivers, with no practical way to turn the tides in your favor. This is where witnesses come in. When you find another person that tells the story of the accident precisely as you do, you can confirm your legitimacy.

How Reliable Are Witness Accounts?

As compelling as witness accounts are, they are not perfect. The reason is that people are flawed and frequently make mistakes. Your witness may have seen the accident wrong. The result is that legal professionals look at the credibility of witnesses before immediately believing their stories.

Factors That Affect Credibility

The following are some of the factors that a lawyer might look at the assess witness credibility. If that attorney argues well enough, the testimony that person gives will be less powerful.

Being Related to a Driver – The best kind of witness is one that is an impartial third party. These types of people will have less bias than somebody more involved. If your witness is a friend of yours, her testimonies will be worth much less.

Being Distracted – The best case scenario is that your witness is sitting on a park bench watching cars go by when your accident takes place. Of course, this does not usually happen. Instead, witnesses often distracted by driving, walking their dog, or taking part in some other activity.

False Memory – A witness might tell what they think is his side of the story, but is actually something they heard from another person in the aftermath of the accident.

Past Behavior – Past legal troubles can call the character of the witness into question.

Sensory Issues – A witness with poor hearing or eyesight might find that the legal system discounts her testimony.

Intoxication – Witnesses that are not sober will fare worse in the legal process.

Memory Issues – Occasionally, a witness will have a memory issue like Alzheimer’s disease. Opposing lawyers will use this information to discount that testimony.

The job of your St. Louis car accident attorney is the compile every piece of information that can help you in your case, then present it in a way that gets you the compensation you deserve. One kind of evidence that you may use is witness testimony, but it is important to understand that, depending on the witness, credibility can be an issue. No matter what the conditions of your case might be, it is best to consult with an experienced car accident attorney as soon as possible following an accident.

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How Turn Signals and Brake Lights Help Prevent Car Accidents

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Turn signals and brake lights help drivers communicate with other drivers around them.

Communicating with other drivers is a critical in avoiding and preventing St. Louis car accidents. Unfortunately, it can be hard to do so with so many physical barriers between you. Functional turn signals and brake lights help to solve this problem.

Communication on the Road

When you’re walking through a crowded mall, you can exchange words or non-verbal communication with the people around you. Additionally, a walking collision is unlikely to produce a severe injury, so the stakes are low. When you’re driving, your risk rises significantly and your ability to communicate falls. Not only can you not talk to other drivers, but their faces are often obscured behind their windshields. The result is very little information exchanged between drivers. This effect is what makes your brake lights and turns signals so important. Under low-communication conditions, you must use every tool at your disposal to tell other drivers where you’re going.

Turn Signals

The first critical application of turn signals is changing lanes. When driving, changing lanes is a frequent occurrence, but it frequently leads to accidents. When you use your turn signal, you tell other drivers what you’re about to do and allow them to adjust accordingly. The second is for turns. Whether you’re going right or left, your behavior will delineate from what other drivers expect. For this reason, you must show them your intentions.

Brake Lights

Perhaps even more critical are brake lights. The reason is that they prevent a tremendous amount of rear end collisions. The most common example of them doing so is when a car stops suddenly. Instead of having to detect the slowdown on their own, the drivers behind that car can see the red brake lights and instinctively slow down too. These indicators are even more useful when visibility is low in inclement weather.

How to Use Them

When it comes to brake lights, there are no guidelines for how to use them because they function automatically. Whenever you hit the brakes, your lights go on for you. For turn signals, you must manually turn them on, and it is best to do so every time you make a maneuver in your vehicle. That applies to left turns, right turns, and lane changes.

Maintenance Tips

Fortunately, the maintenance of these lights is very straightforward. When a light goes out, you either replace it yourself or have it done by a professional. Either way, the service will be very affordable. As far as knowing when your lights are out, we recommend doing monthly checks. At the very least, try to get your oil changed at a place that does these tests for you.

One of the most frustrating experiences on the road is when somebody does not communicate with you before making a move.  To avoid committing this error yourself, you should always use your turn signals and make sure your lights are in working condition. That way, you can ensure the safety of you and every other driver on the road.

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(314) 361-4242

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