Whiplash & Whiplash Injury St. Louis

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What to Do if You Are Involved in a Car Accident Out of State

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If you are hitting the road this summer, it is important to understand what to do if you are involved in a car accident while in another state.

If you are hitting the road to a faraway destination this summer, you may be crossing many State lines. And anytime you are on the road, there is a chance you may be involved in an accident.

packing the car for vacation

Missouri is a state that operates under comparative negligence, but not all states are the same. When you are in a car accident away from home, your home-state car accident laws generally won’t apply; therefore, it is good to be aware of what to expect.

Car accident law is based on the doctrine of negligence. Negligence means that a driver did something that directly led to an accident happening. It can also mean that a driver failed to act when they should have and that failure to act directly led to an accident.

What Is Comparative Negligence?

In the state of Missouri, if you are in a car accident, two drivers can be held responsible for their “portion” of the accident.

Since two drivers, or even multiple drivers, can act negligently, resulting in a car accident, comparative negligence is a way of making sure that each driver is responsible for the part they played or how much their negligent act contributed to the car accident.

What Is an At-Fault State?

Some States operate under the at-fault negligence law. At-fault states require that only one driver is deemed negligent and responsible for an accident. In at-fault states, any driver over 50% responsible for a car accident generally becomes 100% liable for paying for it.

If you are involved in an accident in a state that adheres to the at-fault negligence law, one party will likely be held solely at fault and responsible.

What Is a No-Fault State?

Some states adhere to the no-fault negligence law. In no-fault states, it doesn’t matter who is negligent or to blame in an accident. No-fault states require that every driver have insurance to cover them if they are in a crash.

Since it doesn’t matter who caused the accident, each driver takes care of their respective injuries and damages. States that adhere to no-fault laws are required to carry insurance called PIP, which is a policy that covers the driver no matter who is at fault.

Missouri requires that each driver carry the mandatory minimum liability insurance. Since it is a comparative negligence state, the insurance company covers the insured person’s portion of negligence. However, if you are driving in another State where the laws are different, you might have a hard time dealing with the difference in how insurance companies pay.

St. Louis Car Accident Attorney

If you are involved in a car accident in another state this summer, it is a good idea to speak with an experienced St. Louis car accident attorney to sort through the details and ensure you do not end up settling for less than you are legally entitled to.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How Much Money Do You Get From a Car Accident Settlement?

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How much money you get from a car accident settlement will depend on several factors, including property damage, medical expenses, injuries, and your ability to work.

If you have suffered injuries resulting from a car accident in St. Louis, Missouri, you may be entitled to a settlement. Missouri is not a no-fault state. This means that anyone involved in a car accident can file a claim for compensation against the at-fault driver under Missouri’s comparative fault system, based on a percentage of fault assigned to them.

car accident settlement

It is not always easy to file a claim against someone. However, you only have five years to file a personal injury claim against another person in the state of Missouri. Hiring an experienced personal injury law firm in St. Louis can help you understand your rights and what compensation you might be eligible for. 

Determining Compensation Amount

How much money you get from a car accident settlement will depend on many factors. These factors include the severity of the damage to your personal possessions, your medical expenses, and the extent of your injuries. Your car accident lawyer will also consider how long you cannot work when deciding on how much to ask for. If you were off work for a significant amount of time due to injuries, your lawyer might be able to negotiate a bigger car accident settlement. 

Proving Car Accident Liability

Your lawyer will want to make sure that you have enough evidence to support your claim. This often means that your case will undergo thorough investigation and discovery to gather additional evidence. This might include gathering witness testimony, surveillance footage, medical records, and pictures from the accident scene.

Proving accident liability on the other driver’s part is also extremely important to receiving compensation for your injuries. An injury can be proven by way of medical records, police reports, photos, and testimony. The more evidence you have about the injuries, the better chance that your settlement will be high enough to pay for all of your medical bills and other expenses.

Getting a Fair Settlement

If you have suffered serious injuries after a car accident, you deserve to be compensated for your pain and suffering. Because most car accident cases are settled out of court, it can be difficult to receive a fair settlement representing the maximum offer you could receive. For this reason, it is critical to choose a St. Louis car accident lawyer who has experience handling cases similar to yours. The attorney will be able to use that experience to benefit your case.

It can be easier to receive a bigger settlement if you have an attorney on your team in many cases. An experienced personal injury lawyer will know when to ask for a settlement and when to avoid them. You won’t have to worry about wasting time and money going to court over your accident if a court trial will not likely yield better results. An experienced lawyer will save you time and money because they know the ins and outs of the car accident settlement process.

Car accidents are on the rise in St. Louis. In 2020, fatal car accidents were up 11% from the prior year. If you have been involved in a car accident in St. Louis, it is a good idea to consult with a car accident attorney about your case. This way, you will have a good understanding of what options are available to you. If you’ve been involved in an accident, contact The Hoffman Law Firm 24/7 to schedule a free consultation with an experienced St. Louis car accident attorney today.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Unable to Work After Being Injured in a St. Louis Uber Accident

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Any injury that prevents you from working is serious. Here’s what you should know about compensation if you are injured in an Uber or Lyft Accident.

If you’ve been involved in a car accident with an Uber or Lyft driver and you have been injured, are facing high medical bills, and can’t work, you may not know what to do. Here’s what you should know.

st. louis man negotiating car accident claim over the phone

Contact a Lawyer To Help You With Your Uber or Lyft Accident ASAP

Uber and Lyft accidents can be really complex. Why? Because up to 3 different insurance companies may be involved. That’s because Uber and Lyft cover their drivers with insurance policies of up to $1 million when they’re transporting passengers and use the app. However, off-duty Lyft or Uber drivers who are not working may still be covered by a personal insurance policy. It all depends on the situation.

Complicating this is the fact that many personal car insurance policies do not offer coverage for drivers who work for rideshare services unless they purchase a special type of policy. A claim involving a Lyft or Uber driver may be denied if the insurer was not informed that they were working for a rideshare company.

It’s important to understand that all of these insurance companies are looking to pay out as little as possible for your injuries. 

We highly recommend you speak with an experienced car accident attorney in St. Louis, particularly if your injuries are severe enough to stop you from working. Your lawyer can be the primary point of contact for all involved insurance companies and help you coordinate the claims process. 

Understanding How You Can Be Compensated For Injuries That Stop You From Working

Damages for missed work usually fall into three categories, as follows:

  • Lost wages – This is how much you would have earned at your job but couldn’t because of your injury. If you break your leg and can’t work for 3 months, for example, you may get 3 months of wages along with other damages.
  • Lost earnings potential – This is more for long-term injuries that lead to a disability. For example, if you are a carpenter and your hand is severely broken, and the nerves are damaged in an accident, you may not be able to resume doing delicate woodwork, and you may be entitled to compensation.
  • Lost opportunities – If an injury causes you to miss out on employment, a large job contract as a commission-based employee or independent contractor, or on some other opportunity, you may receive reimbursement for those earnings.

    If your injury cost you an opportunity for employment or payment, you may be entitled to compensation for that too. This happens to independent contractors or people who work on commission after suffering an injury.

Work With An Experienced Rideshare Car Accident Lawyer in St. Louis, Missouri

Any injury that prevents you from working is serious, and you deserve to work with experienced personal injury attorneys in St. Louis who can help you get the compensation you need to preserve your lifestyle, keep your family comfortable, and recover from your injury. Contact The Hoffman Law Firm, L.L.C. right away to get a free case review.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Broken Neck After a St. Louis Car Accident

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A broken neck is one of the most severe injuries one can suffer from in a car accident.

The neck bones are part of your spine and connect your head to it. A broken neck is a fracture of one of those vertebrae in the neck. A broken neck can have huge consequences on your life and change it forever. 

st. louis woman with a broken neck

How Can You Break Your Neck in a Car Accident?

Car accidents involve tremendous forces, even if the speed of the vehicles is moderate. Unfortunately, wearing your seat belt isn’t a guarantee that you won’t get hurt. In fact, you can suffer from injuries even with all the car’s safety devices in place. 

While neck fractures are not amongst the most common injuries suffered by car accident victims, they can happen in more serious scenarios. This is the reason why bystanders should never move a car accident victim until the paramedics arrive, except when their life is in immediate danger. 

Is There Spinal Cord Damage?

One of the most important factors in determining how serious a broken neck might be is whether the spinal cord was damaged or not. The spinal cord, together with the brain, represents the central nervous system. 

If you only suffered from broken bones in your neck, but your spinal cord is intact, your recovery will generally require less intervention, and total recovery chances are higher. 

If the spinal cord was damaged when the bones of the neck broke, it may become a life-threatening injury or lead to permanent disability. If the spinal cord is affected in the neck area, the victim’s treatment may be lifelong management of their limitations.

Possible Consequences of a Broken Neck

Here are some of the possible impairments brought by a broken neck with spinal cord damage:

  • Fecal or urinary incontinence
  • Inability to move 
  • Inability to feed or breathe on their own
  • Skin lacerations and ulcers caused by immobility
  • Mental injuries like anxiety, depression, etc.

If the spinal cord is intact, recovery might mean wearing a neck brace for several weeks and even having surgery to realign the bones. Either way, you can be left with chronic pain and limited mobility for a long time. Neck fractures are often categorized as catastrophic injuries and should be treated very seriously.

Speak With an Experienced Lawyer

If you or a loved one have suffered from a broken neck injury, contact a St. Louis car accident attorney as soon as possible. You will benefit greatly from professional legal assistance to protect your rights and cover all the treatment plans, medical investigations, lost wages, and pain and suffering that come throughout the long recovery from such an injury. 

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Someone Hit My Parked Car – Who Is Going to Pay for Damages?

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You’d think that having your car parked would lower the risk of an accident. However, it’s estimated that around 20% of all vehicle accidents actually occur in parking lots!

In most cases, when such accidents occur, people generally can get away unscathed or with some minor injuries. The same cannot always be said for the vehicle, unfortunately, which may need thousands of dollars worth of repairs. If you have been a victim of an accident in a parking lot, you may be wondering who is responsible for paying?

accident involving parked car

Proving Liability in a Car Accident

Auto insurance is mandatory in Missouri, which means that in most cases involving vehicle collisions, the parties seek compensation through insurance claims, rather than court. When you file a car accident claim because you are the victim and want to recover damages, you have to prove the other driver is at-fault and liable for your damages. If you were in the car when the accident occurred and the driver fled the scene, then your uninsured motorist insurance should generally cover the cost of your bodily injuries. 

In cases where one of the cars is parked, liability seems pretty obvious: the car that was moving is usually liable. In most instances that is true, however, there are some cases where the moving car is not to blame, or at least not entirely.

For example, if the investigation discovers that the parking lot was improperly maintained and that lead to the accident, then the at-fault party could end up be the owner of the parking lot.

In other cases, the parked vehicle may be held accountable as well. If you do not park your car properly, for instance, within the marked lines, and instead park on the curb, then it’s likely that you will not recover all damages. The insurance company could argue that you contributed at least in part to the extent of the damages by improper parking of your vehicle.

Remember that Missouri has a comparative fault system, where multiple parties can be held accountable and liable for the same event, even the party that bears the most damages.

Getting Compensation

If your parked car was hit, it’s best to speak with an experienced St. Louis car accident lawyer as soon as possible. First, you need to figure out who is liable for your damages and what compensation you may be entitled to.

The process of getting compensated isn’t exactly a walk in the park either, as the insurance company will likely try to pay out as little as possible. However, if you work with an experienced lawyer, you can prevent this from happening. Experienced attorneys understand the tricks insurance companies try to use to lower the amount they have to pay and can protect your rights from the start of your claim.

St. Louis Car Accident Lawyers

Have you been involved in a car accident in a parking lot? Reach out to a St. Louis car accident attorney at our law firm today for a case consultation and legal advice on how to proceed. With their help, you can get compensated for all your vehicle’s damages, and get the repairs you need.

FREE Consultation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242