Whiplash St. Louis - Whiplash Injury - Car Accident

You are here: Home / Archives for Christopher

Christopher

5 Steps to Take When Filing a Whiplash Injury Claim After a Car Accident

by

Whiplash can cause a lot of pain, nausea, confusion, and in some cases memory loss. Here are 5 steps to take when filing a whiplash claim after a car accident.

Whiplash is a soft tissue injury to the neck. Although it may seem like a small deal, it’s far from it. It can result in a lot of pain, nausea, confusion, and in some cases in memory loss.

To make matters worse, whiplash doesn’t always present immediate symptoms. When your condition is caused by a car accident and you have the right to get compensated, it’s essential to take these 5 steps to be successful: 

man with chronic pain after a car accident

1. Go to the Doctor

Even if you believe you’re fine after the accident and may have gotten away scot-free, it’s still a good idea to seek immediate medical attention. Whiplash and other conditions may not present symptoms right away, and you could be making matters worse by not seeing a professional.

It will also make for a stronger case. The more you wait, the more opportunities you give the insurance company to poke holes in your claim and think of other events that may have lead to whiplash or at least made it worse.

2. Choose the Right Doctor

After a car accident, you may not be able to see your own doctor, especially if you want to file a compensation claim. For one thing, your doctor may not be very experienced with trauma injuries like those resulting from a car accident. 

There are a lot of practices that not only specialize in such injuries but can also help you put together a case for the insurance company by preparing all your relevant medical documents.

3. Start Gathering Evidence As Soon As Possible

Apart from your medical files, you’ll also likely need other pieces of evidence to create a strong case, such as:

Some of this evidence is time-sensitive, such as the photos of the scene. Skidmarks can fade away, witnesses can be hard to track down after the fact, so it’s best to start taking photos of the scene right after the accident if possible.

4. File an Injury Claim As Soon As Possible

The longer you wait, the harder it will be to argue your case. Even you may start to forget the details of the case, which can create inconsistencies in your story.

5. Don’t Talk to the Insurance Company – Talk to a Lawyer Instead

The at-fault party’s insurance company will try to contact you over the phone to talk about your case. It’s important to understand that nothing is off the record and anything you say will be used against you by the insurance company.

Instead of discussing the case with the insurance company, reach out to an experienced St. Louis car accident attorney for assistance in building your case and negotiating your settlement. It’s your best shot at winning your whiplash claim and getting properly compensated for all of the expenses you are legally entitled to.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How Driving With Your Pet Can Result in an Auto Accident

by

Pets can be a danger for drivers traveling with them, as they obviously won’t be aware of the danger of distracting their owner.

The image of a dog traveling with its owner in the car and happily sticking its head out of the window and its tongue out is a common view around the world. Unfortunately, it’s one of the things that cannot only put in danger the beloved companion, but also its owner and others on the road.

Taking your pet with you in the car while driving is often inevitable. Whether you are taking your dog with you on vacation, your cat to the vet, or just bought a pet bird that you are bringing home your children, you likely have a good reason for taking them with you. However, regardless of your reasons, you should always make sure that the trip will be safe for everyone. 

driving with pet safe

How to Properly Restrain Your Pets During Travel?

Even though Missouri state law does not require you specifically to restrain your dog during driving, it is highly recommended that you do it, as it protects the pet’s life and prevents it from distracting you and causing an accident.

The method of restraining depends a lot on the pet and its size. 

Travel Crates

They are often recommended as the safest method of transporting a pet and the least stressful for them. Using a crate that is fit for the size of your pet is important, so is providing comfort for them. Use a blanket or toy that the pet has used and is marked with its scent, provide food and water, and get the pet used to the crate before any travel.

Car Barriers for Pets

Any person who has traveled with their dog in the back seat knows that they can get agitated and distracting. To prevent the dog from jumping on the front seats and causing an accident, you can install a barrier made of mesh or other material that can keep the pet in the back of the car. For big dog owners, there are also solutions for keeping them in at the rear compartment of the car, separated by a solid metal net. 

Harnesses 

Another system that can work for dogs is a harness that can be secured in the back seat. It will prevent the pet from jumping on the front seats and it also protects it in case there is a sudden stop or a collision. 

Why Is It Important to Keep Your Pets Secure While Driving

Pets can be a danger for drivers traveling with them, as they obviously won’t be aware of the danger of distracting their owner. They can try to escape from the car, make loud noises, and move around the car, which can all be very dangerous for themselves and for drivers. 

Make sure your pet’s life is safe in your car, and that you can drive responsibly while enjoying their company. 

If you have been involved in a St. Louis car accident involving a pet, get in touch with an experienced car accident attorney at The Hoffmann Law Firm, L.L.C. to learn more about your legal right to compensation.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

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