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What Does It Mean to Get a “Settlement” After a St. Louis Car Accident?

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Only about 5% of personal injury cases, which include car accident cases, actually go to trial and end up being resolved in a court of law.

If you’ve been exploring your options to file a car accident claim to get compensation for your pain, suffering, medical expenses, and other costs after a car accident in Missouri, you may have heard the term “settlement,” or “settling your case.” 

Let’s discuss what you need to know about settling your case with the help of a car accident lawyer in St. Louis.

Most Car Accident Cases Never Go To Trial

Wondering if you should settle your lawsuit for a car accident in St. Louis? In many cases, settling a lawsuit out-of-court is the best option. Only about 5% of personal injury cases, which include car accident cases, actually go to trial and end up being resolved in a court of law.

This is because an out-of-court settlement has a number of benefits. To name just a few, settling out of court means that you can get your money faster, you don’t have to worry about potentially losing the case, you can avoid court fees, and you will not have to spend time in court or worry about long delays in your case.

Understanding The Basics Of Out-Of-Court Settlements

The term “settlement” is short for “out-of-court settlement.” This means that the two parties involved in the case reach a civil agreement that halts the lawsuit and any further litigation on the case, usually in exchange for some amount of monetary compensation.

For example, you and your car accident lawyer may request compensation of $50,000 from the responsible party’s insurance company in order to cover the costs and damages incurred by the accident. If the other party accepts this compromise, a settlement is reached.

After you receive your payment, the case is closed without entering court (hence the term “out-of-court” settlement), and you may no longer pursue legal action for the accident. 

In most cases, out-of-court settlements require several rounds of negotiation before a suitable compromise is reached, which is why it’s helpful to work with an experienced car accident lawyer in St. Louis. 

Work With the Right St. Louis Car Accident Lawyer to Get a Fair Settlement

Settling a car accident injury lawsuit out of court is often the best move, but you will benefit greatly from the experienced of a St. Louis car accident attorney. They can make sure you get adequate compensation for your injuries, lost income, pain, and suffering, and other such things.

In addition, your lawyer should always be willing to go to trial if the settlement is not suitable. Make sure you find an experienced attorney who is willing to fight for your rights and get you the compensation you deserve.

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Can a Dash Cam Help My St. Louis Car Accident Claim?

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Having actual footage of a car accident you are involved in will certainly help to get a clearer idea of what happened, but will it actually help you with your insurance claim?

Dash cams are used more and more by drivers across the country. The main reason why people install these rolling cameras in their cars is to record any incident that might happen while on the road. Having actual footage of a car accident you are involved in will certainly help to get a clearer idea of what happened, but will it actually help you with your insurance claim?

dash cam

How Will a Dash Cam Help You in Case of Accident?

It doesn’t really matter how good of a driver you are. You still face a lot of risks when driving your car. Other motorists can endanger you by being reckless, or you might be the victim of bad weather, poorly maintained roads, and even wild animals jumping in front of the car. 

Having a running dashboard camera will help you prove what happened in case there are no eyewitnesses. It can also provide details that the human eye cannot perceive, and the recordings are more accurate than your own memory, or the quick glance an eye-witness gets when vehicles collide at normal driving speed. 

Will the Insurance Company Accept Dash Cam Recordings as Evidence?

In Missouri, proving which driver was at fault for the accident is a crucial part of an insurance claim process, since the at-fault driver’s insurance will have to pay for damages inflicted on other drivers, passengers, or pedestrians. 

You might be surprised to find out that being cautious by using a dashcam will not necessarily guarantee you a smooth insurance claim. Many insurance companies have yet to set regulations when it comes to dashcams, and some of them will not give a video more weight than the usual photographs that are presented as evidence in car accident cases. 

Why You Should Speak With a Car Accident Attorney

If you believe that your dashcam video is needed to clarify the circumstances of your car accident, then it’s a good indicator that you also could benefit from the assistance of a car accident attorney. For cases which are anything more than straight-forward, easily negotiable ones, a St. Louis car accident attorney can make a big difference in your settlement amount.

Since using dashcam videos depends on what the assigned insurance adjuster decides, having a lawyer by your side helps a lot. A lawyer will be able to bring in expert witnesses who can analyze the evidence you have. They will evaluate the video from a professional perspective and they will put it into context.

St. Louis Car Accident Lawyers

To conclude, having a dash cam can be really helpful, but it may not necessarily be enough to build your case. If you or a member of your family have been involved in a St. Louis car accident, get in touch with an experienced attorney to ensure your legal rights are protected.

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Click to Call: (314) 361-4242

What is Accident Reconstruction and How Can it Help Your Car Accident Claim?

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Accident reconstruction is a type of expert evidence that can shed light on determining liability in your case and help you get fair compensation.

If you’ve been injured in a car accident that wasn’t your fault, then you have the right to collect compensation from the at-fault driver. In theory, it may sound like a straightforward process: you file a claim and the insurance company sends you the money for your medical bills, lost wages, and property damages. 

accident reconstruction car accident

Unfortunately, some cases are more complicated, and it might take weeks or months before you reach a settlement. You might even have to go to trial if you think that the settlement is too low and doesn’t reflect the extent of your injuries accurately.

In many of these complicated cases, expert witnesses can play a crucial role. Accident reconstruction is a type of expert evidence that can shed light on determining liability in your case and help you get fair compensation. 

What Is an Accident Reconstruction?

When the evidence at the scene of the accident does not provide enough information to determine liability, or when there are no eyewitnesses of the accident, an accident reconstruction expert might be of help. This expert witness has the expertise and experience needed to investigate your accident and determine what caused it. 

The types of evidence used by an accident reconstruction expert include photographs from the scene, damage on the vehicles, the nature of the injuries sustained by victims, footage of the accident taken by surveillance cameras, pictures of the conditions of the road, debris, or skid marks, etc.

Based on this evidence, the accident reconstruction expert can determine who carries the fault for the accident, and what are the exact consequences of the crash.

When Do You Need an Accident Reconstruction Expert?

In several states, including Missouri, the damage inflicted on a car accident victim will generally be paid by the insurance company of the driver who caused the accident. This is why determining liability is very important for a car accident claim. In no-fault states, you could still find yourself in the need of such an expert witness if, for example, your insurance company refuses to pay your compensation on the grounds that you had a pre-existing condition or injury. 

Hiring an expert witness is not cheap, but it can make a big difference in the success of your claim. While hiring one might not be needed in most cases, your St. Louis car accident attorney can advise you in favor of it when the evidence you collected is not enough to support your claim grounds. 

Speak With a St. Louis Car Accident Lawyer

If you or a family member are the victims of a car accident, follow the same steps as any other car accident victim: collect evidence from the scene, see a doctor as soon as possible after the incident, and consult an experienced attorney. They can determine if you actually need an expert witness or if your case can stand on its own.

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Why Daydreaming Is a Subtle and Dangerous Form of Distracted Driving

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Daydreaming is a form of distracted driving that may be much more dangerous than people realize.

When we talk about distracted driving, most of us immediately think of mobile devices and how they’ve become almost attached to us. Of course, drivers are aware of the many other forms of distractions when behind the wheel, such as an intense conversation, noisy passengers, loud music, and even insects that accidentally get into the car. However, there’s another form of distractions we might not be fully aware of: daydreaming. 

daydreaming car accident

A series of experiments conducted by researchers from the Simon Fraser University in British Columbia found that daydreaming had a significant incidence amongst drivers, who were concentrating on something else than driving for about 39% of the time, and impacted their ability to react to external stimuli and to adapt their speed to the traffic conditions. 

Daydreaming is not easy to demonstrate as the cause of traffic accidents, since it’s so broadly defined and usually lacks physical evidence to verify it, but data suggests that it’s grossly underreported and much more impactful than we may think. 

Why Does Our Mind Wander off When Driving?

Concentrating on driving alone when behind the wheel is obviously a requirement for cautious driving, but it’s very easy to get lost in thoughts, especially on long drives, when tired, or stressed by a difficult situation in your life. 

Our modern lifestyles and activities got us much more engaged in multiple projects, always connected to our social groups, being constantly entertained by our devices, regardless of our age or driving experience. Our brain is trying to be creative and entertain itself by wandering towards subjects of interest when we perform dull activities. In other words, driving might get boring and your mind starts to wander. 

How to Prevent Zoning Out When Driving?

When you’re driving, you can minimize the chances of daydreaming by keeping mental distractions away: your favorite songs played loudly, engaging conversations with others, an active mobile device that sends notifications, food that you can smell and see, etc. It might seem like an exaggeration, but these little things can make you think of something else than driving, and stimulate parts of your brain that are not task-oriented. 

It’s not easy to prevent your mind from wandering during a monotonous task, such as driving on a highway, since it’s what your brain naturally does. However, the most effective way of preventing a catastrophe caused by daydreaming while driving is to catch yourself doing it and going back in the zone. 

Practicing mindfulness and meditation are proven to be highly effective in being able to recognize when your thoughts are drifting away and getting back to your primary task. Besides taking measures to prevent zoning out when driving, we also recommend getting the proper auto insurance coverage for any unfortunate event.

Involved in a Distracted Driving Accident in St. Louis, MO?

Have you been hit by another driver? Whether he was daydreaming or just plain negligent, the burden of proving fault falls on your shoulders. It can be quite a challenge, especially if you also have injuries and medical bills to worry about. 

Get in touch with an experienced St. Louis car accident lawyer to learn more about your legal rights and to ensure that your legal right to compensation is protected.

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Click to Call: (314) 361-4242

The Role of Expert Witnesses in St. Louis Car Accident Claims

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Expert witnesses are individuals that were not present at the scene of the accident but can provide accurate information about the accident, based on their expertise.

Car accident claims are rarely easy to solve. A car accident has so many influencing factors, that the discovery period of a case can be complicated and long-lasting. 

When gathering evidence and testimonies, lawyers often find that some aspects of the accident circumstances are left unknown. Witnesses might not remember every detail of the incident, the drivers and passengers involved are also biased and might provide contradictory statements. Sometimes, even police reports or medical records may contain an error or simply lack certain details. 

In these cases, lawyers and insurance companies have to dig deeper for hard evidence to support their side. 

expert witness in car accident

What Are Expert Witnesses?

Expert witnesses are individuals that were not present at the scene of the accident but can provide accurate information about the accident, based on their expertise. 

Examples of expert witnesses include:

  • Medical specialists – they can evaluate your injuries and predict how long your recovery period will take and what treatment you will need.
  • Mental health experts – they are crucial in determining the pain and suffering the accident has caused you, and their testimonies will serve as evidence when you claim compensation for your depression, anxiety, stress, etc.
  • Financial experts -if you have to evaluate the property damage you have suffered or the lost income and secondary expenses that your accident has caused, then an economist can help calculate your losses.
  • Highway safety experts – an engineer who can evaluate the road and traffic conditions at the time of your accident. Sometimes, an accident is not caused by the negligence of a driver, but by the negligence of the municipality in charge of road maintenance.
  • Accident reconstruction experts – some of the most valued expert testimonies are those from accident reconstruction experts, who can provide evidence of causality between the accident and your injuries. 

Another important thing expert witnesses bring to the table is their unbiased opinion. The statement of an expert witness, besides being supported by experience and expertise, will not be tainted by a certain sympathy with one of the sides. 

Hiring an expert witness can be expensive and should only be reserved for cases that are stuck with incomplete or biased evidence. The court may request an expert witness account, or your St. Louis car accident lawyer might recommend it. 

How Can a Car Accident Attorney Help You?

It’s a good idea to get in touch with a St. Louis injury lawyer as soon as possible after an accident. An experienced car accident or personal injury lawyer can help you find the right expert witnesses that can shed some light on your case. They will also negotiate their fee and assist them in providing crucial information for your case. These are important steps that can help maximize your settlement and get you fair compensation. 

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Who Is at Fault in a Rear-End Car Accidents in St. Louis?

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Rear-end auto accidents consist of around 29% of all car crashes.

Whether you’ve been rear-ended in St. Louis and need the help of a St. Louis car accident lawyer to help with your case, or you recently rear-ended another driver and are wondering if you will be found at fault, you’re in the right place. 

Let’s discuss the basics of rear-end accidents in Missouri, and who is likely to be found at fault.

Who is Often Found At-Fault?

Missouri courts typically assign fault to the driver of the rear vehicle, as long as the driver of the front vehicle meets these conditions:

  • They were legally and rightfully driving on the road
  • Another vehicle struck their vehicle from behind
  • The front driver was not engaging in negligent behavior– for example, “brake-checking” the rear driver or coming to a sudden stop for no reason.

If these factors are shown in court, the court will presume that the defendant acted negligently and caused the accident that injured the plaintiff unless they can prove otherwise.

This is distinct from other car accident cases, where the plaintiff is responsible for proving that the defendant acted negligently. 

Negligence by the Front Driver Can Result in Their Fault or Shared Fault

Just because a rear driver has been in a rear-end car accident does not necessarily mean that they will be found at fault. The front driver can also be found negligent.

For example, if the front driver is speeding on a highway in poor weather conditions, and slams on their brakes without warning as they try to swerve onto a highway exit they almost missed, they may cause a rear driver to collide with them. 

If there is proof of these actions, the rear driver may not be found negligent, since the unsafe and negligent actions of the front driver are what caused the accident. 

Missouri is also a “shared fault” state, which means both parties can be found to be at fault. The rear driver may be found to be 60% at fault, while the front driver could be found to be 40% at fault. This will limit the compensation that either party can pursue for the accident. 

3 Types of Injuries in Rear-End Accidents

Whiplash

When your car gets hit from behind, the force of the impact will make your head jerk back and forth in a fast motion, even if you are using the car’s safety devices correctly. This can cause damage to the soft tissue in your neck, which brings stiffness, chronic pain, inflammation and other problems. 

Whiplash is one of the injuries that might be noticed later on, as you start feeling worse and fail to heal on your own. Seeing a doctor can tell you the damage you have suffered and what treatment is needed to alleviate your symptoms and fully recover.

Injuries Caused by Triggered Airbags

Airbags can save your life, but they can also hurt you when triggered in a rear-end accident. They can inflict injuries like nose fractures, rib fractures, abdominal bruising, and other soft tissue damage. If you notice any injuries in your chest or abdominal area, definitely see a doctor. 

Head Injuries and Brain Injuries

Some of the most serious injuries you can suffer in a rear-end car accident are head injuries. You can suffer penetrating injuries, or be hit with blunt force by a hard object in your car, injuries which are easy to notice right at the scene. However, brain trauma is also common, like concussions, and they will not leave any external sign. Monitor any unusual symptom after the accident and see a doctor immediately if you suspect a brain injury. 

Besides this top 3 of injuries caused by rear-end accidents, there are many other injuries they can inflict. See a doctor and a St. Louis car accident attorney as soon as you can after your accident to ensure you get the necessary medical care and your legal rights are protected.

Speak With an Experienced Attorney

Whether you were injured as a front-driver or a rear driver in a St. Louis car accident, you may be trying to fight back against an at-fault claim, or wish to levy further damages against the responsible party. If this is the case, get in touch with a St. Louis car accident lawyer ASAP to start building your case, and ensure your legal right to compensation is protected.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242