Christopher – Page 2

Missouri DWI Laws

April 13, 2018 By Christopher

To try to curb the high percentage of accidents that happen due to drinking and driving – especially with underage drinking – Missouri has enacted what are called “Zero Tolerance” laws.

In Missouri, obtaining a driver’s license is not a right but a privilege. With that privilege come some expectations of drivers’ behavior for when they get behind the wheel. To try to curb the high percentage of accidents that happen due to drinking and driving – especially with underage drinking – Missouri has enacted what are called “Zero Tolerance” laws.

To be accused of a DUI in the state of Missouri, drivers must be over the legal limit of impairment. According to the law, a driver must have a BAC (or blood alcohol concentration) that is above 0.08 to be considered driving while under the influence. The BAC level is determined either by breathalyzer testing or blood.

Missouri Zero Tolerance Laws

Zero Tolerance laws pertain to drivers who are under the age of 21 and driving in Missouri. Since it is illegal to drink before you are 21 years of age, if you have any alcohol in your system at all, you are committing a crime. Therefore, if you have even one drink and get behind the wheel and are in an accident, you might be charged with a DWI.

A DWI means that you were driving while intoxicated. Although it’s generally not considered as serious of an offense as a DUI, it does come with some severe consequences. To be charged with a DWI, all that you need to have is a BAC of more than 0.02. It differs from a DUI in that anyone under the age of 21 who is tested with a BAC that is more than 0.02 can suffer long-term consequences.

What a Person Should Do If They Are Asked to Take a Breathalyzer Test

If someone is involved in an accident and is asked to take a breathalyzer test, they are required by law to comply. Because Missouri has “implied consent” laws, if someone is suspected by the police to have been drinking before they got behind the wheel, they must consent to taking a test. If they refuse the test, it can lead to stiffer penalties than if they were facing a DWI.

What If You Are Under 21 and You Have a BAC of Over 0.08?

If you are driving in Missouri and you have a BAC of over 0.08, then it is legally considered a DUI regardless of your age. If your BAC is that high, then you won’t get the lesser DWI charge – law enforcement will levy the full DUI charges against you.

If you or a loved one and have been injured in an accident caused by an individual who was driving under the influence of drugs or alcohol, you have a legal right to compensation. Contact an experienced attorney at The Hoffmann Law Firm, L.L.C. for FREE legal advice 24/7 – Call (314) 361-4242.

What Is Comparative Negligence & How Is It Calculated?

April 11, 2018 By Christopher

Contributory negligence is a type of law that means that more than one party can be found partially liable for an accident.

Being negligent means that someone does something that directly leads to an accident. It can also imply that someone failed to do something that any reasonable person would have, and that failure to act led to the accident. If it was the fault of more than one driver, and both drivers contributed to the accident happening, then both parties could be liable for paying.

Is Contributory Negligence Exact?

In instances where both drivers might be at fault, the percentage is generally divided according to the amount of fault that someone contributes. For instance, if you pull out in front of someone in an intersection and are hit, then you would likely be at fault and deemed negligent. However, if the person who hit you was going way too fast for conditions, then they might be held partially responsible for the accident.

How Is Contributory Negligence Calculated?

When contributory negligence is used, both drivers are ascribed an amount of fault that they are liable for the accident. Based on those percentages, they are responsible for paying for their portion. In the example above, if the person who pulled out is ascribed 80% of the fault and the other driver 20%, then once the damages are calculated, the total cost is broken down according to the percentage that each is liable for.

Is It an Exact Calculation?

Since there is no way to precisely know exactly how much someone is at fault for an accident, or how much their part played in the accident, it is not an exact calculation and can often lead to insurance companies and lawyers negotiating the calculations and the percentages. There are times when there will be a lot of back and forth related to how much someone is responsible in comparison to someone else.

If you are in an accident in Missouri and believe that you aren’t solely to blame, or that the other driver bears more responsibility than they are being ascribed, then it is imperative that you speak with a St. Louis car accident lawyer as soon as possible. They will help to ensure that you are not left holding more financial responsibility than you should. If you are being held solely liable and you believe that the other driver is partially responsible, then it is important to have your lawyer protect you in the negotiation and settlement phase.

Car Accident Lawyer Accident Damages

March 13, 2018 By Christopher

When you are hurt in an automobile accident, you are generally entitled to two different types of compensation for your damages: non-economic damages and economic damages.

“Negligence” is a legal theory that means that you either did something as a driver that caused an accident to happen, or that you didn’t do something you should have and that failure to act led directly to the accident happening. If you have been in an accident, it is the responsibility of those at-fault driver to pay for both injuries and damages to those involved.

When you are hurt in an automobile accident, you are generally entitled to two different types of compensation for your damages: non-economic damages and economic damages. These differ in the respect that one is very concrete and the other is highly subjective – which means it’s more difficult to determine an exact price. Economic damages differ from non-economic damages because they are much easier to calculate.

Non-Economic Damages

Non-economic damages include things like pain and suffering, loss of consortium, and emotional distress; these can be very hard to calculate because there is no way to quantify what someone’s suffering is worth since everyone experiences it differently. Economic damages are those that are quantifiable and rigid. They are based on what someone has lost economically due to their injuries and damages.

Economic Damages

An example of economic damages would be things like doctor’s bills, therapy bills, or lost wages. Since they can be documented, they are calculated when the injured person submits proof of their treatment, pay stubs, transportation costs, or any other financial documentation of what they suffered due to the accident.

That’s only half of the equation, though. An insurance company will ask for documentation for the treatment that you have received in the form of medical bills and any other concrete losses, and will total them. They will then calculate the amount of your non-economic losses and add the two together to come up with a total. Once that is done, they will offer the injured person a settlement. Once the plaintiff accepts a settlement offer and they sign it, they absolve the insurance company from any further obligation going forward. This is why it is important to know what you are signing and to ensure that you are getting all that you deserve before you sign on the dotted line.

FREE Legal Advice 24/7

If you are injured in a car accident in Missouri, it is imperative that you speak with a St Louis car accident attorney to help you to calculate what your injuries and damages are worth. Although economic damages are straightforward and easy to prove, non-economic damages are much more subjective, which is why it is a good idea to speak with an experienced attorney before accepting a settlement offer. Call The Hoffmann Law Firm, L.L.C. 24/7 at (314) 361-4242 or fill out the contact form below for FREE legal advice.

How Much Is Your Pain and Suffering Worth?

February 14, 2018 By Christopher

Unlike economic damages, things like pain and suffering are highly subjective and can be very different when calculated by an insurance company vs when they are calculated by your attorney.

When you are in a car accident in Missouri, you are generally entitled to both economic and non-economic damages. If you are wondering how much your pain and suffering is worth, there are specific ways that both the insurance company and your lawyer will put a price on what you have been through. Since the insurance company’s main objective is to limit their liability and what they have to pay out, their calculation will likely be much less than one from an experienced attorney who has your best interests in mind.

Economic and Non-economic Damages: How Are They Calculated?

Economic damages are concrete damages that you incur when you are in an accident. They are things like medical bills and lost wages from time off from work. Non-economic damages, however, are much more subjective and are harder to calculate. After all, how can you put a price on how much someone has suffered? Since each person experiences pain differently, knowing how much it is worth is not an exact science; it’s instead calculated by using various factors.

The Multiplier Method

If you are in an accident, your St. Louis car accident lawyer will add up all the economic damages, like your medical bills and your lost wages, and come up with a sum. From there, they may assign a number relating to the severity of your injuries. Once they have decided on the severity by quantifying it, they use that as a factor to multiply your economic losses, add it to your non-economic losses, and that will be the total amount they believe you are entitled to.

The severity of your accident is usually determined by the extent of your medical bills and procedures. Usually, the more treatment you require, the higher the multiplier number will be. Again, since there is no exact, objective way to ascribe a multiplier, it is up to your insurance company and lawyer to negotiate.

The per Diem Method

The per diem method of calculating pain and suffering and non-economic damages is different. Your lawyer can calculate the amount of suffering you have incurred by taking the severity of your injuries and ascribing an amount that you are entitled to daily for your suffering. For instance, they could calculate that your suffering is worth $100 a day; if your symptoms last for 60 days, then your non-economic damages would be $60,000. It’s also a subjective number, so there might be a discrepancy between what your insurance company calculates and what your car accident lawyer determines.

Unlike economic damages, which are in writing and are indisputable, things like pain and suffering are highly subjective and can be very different when calculated by an insurance company versus when they are calculated by your attorney. In order to receive a fair settlement for your Missouri car accident, it is important that you consult with an experienced car accident attorney to make sure that you know what you deserve for all the pain you have been through.

The Hoffmann Law Firm, L.L.C.
7751 Carondelet Ave #601
St. Louis, MO 63105

Call 24/7 for a FREE Case Evaluation :: (314) 361-4242

St. Louis Among Most Dangerous Cities for Drivers

January 29, 2018 By Christopher

Insurance companies often rank these cities as “high risk” areas, meaning you’re statistically more likely to be involved in a traffic accident or auto theft if you live there.

If you live in one of these four cities, you could actually be paying more for auto insurance. Why? Insurance companies often rank these cities as “high risk” areas, meaning you’re statistically more likely to be involved in a traffic accident or auto theft if you live there. Living in one of these cities could also mean stricter legal penalties for accidents.

The following cities are considered to be among the most dangerous for drivers in the US. If you live in one of these metropolitan areas, you’re going to want to take some extra precautionary measures to protect yourself.

Detroit

In general, big cities are more dangerous for drivers. With 16.2 fatal accidents per 100,000 people, Detroit, Michigan is no exception. Residents of Detroit also pay thousands more a year in car insurance than those who live in “safer” cities.

Baton Rouge

In 2016, there were almost 200,000 car accidents in Louisiana. Considering Baton Rouge ranks as the second most dangerous city for drivers, you can bet that a large portion of these accidents happened in this major college town. With the traffic of any capital city and over 45,000 college students at LSU alone, it’s unsurprising Baton Rouge is such a dangerous place to drive.

Baltimore

With heavy traffic from D.C. commuters and an auto related death rate higher than the homicide rate, it’s no wonder Baltimore is considered such a dangerous city for drivers. The state of Maryland has pinpointed a phenomenon of what they call “aggressive drivers” as one of the causes. Now, in Maryland, you can call a hotline to report any aggressive drivers you may witness. Aggressive behavior may include reckless driving or tailgating. Be sure to do your part to keep your city safe.

St. Louis

Traffic related deaths have been steadily increasing in St. Louis, MO. In order to combat these numbers, police are targeting at-fault drivers with harsher consequences.

In St. Louis, car theft is also a huge problem. St. Louis actually has the most motor vehicle theft of any city in Missouri. If you don’t have advanced safety measures in your vehicle, you should consider having an alarm installed, which could possibly even bring down your insurance rates.

Buckle Up

If you live in one of these cities, there are a few things you can do to stay safe. Avoid driving late on weekends when drunk drivers may be coming home from bars. In your household, you should practice a zero tolerance policy for driving while intoxicated and using the phone while in the driver’s seat. If you drive to work in the morning, always stay focused and don’t do your make up or take work calls while you’re behind the steering wheel. Should an accident occur despite your best efforts, don’t hesitate to contact a trusted St. Louis auto accident attorney. And of course, buckle up.

The Hoffmann Law Firm, L.L.C.

7751 Carondelet Ave #601
St. Louis, MO 63105

Phone: (314) 361-4242