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St. Louis Car Accidents Involving Prescription Drug Use

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Driving under the influence of alcohol or street drugs is a clear violation of the law in any state, and it’s not difficult to link it to reckless driving and negligence causing a car accident. However, these are not the only substances that can impair someone’s ability to drive responsibly.

Prescription drugs can have effects as strong as the effects of drinking alcohol or smoking recreational marijuana, and the rate of consumption for these drugs is high across the country.

If you were hit by a driver who was under the influence of prescription drugs and you suffered injuries and/or property damage, the fact that they had consumed prescription drugs can and should be taken into consideration when building your case.

How Can a Driver Be Impaired by Prescription Meds?

While not all prescription meds come with an interdiction to drive or use heavy machinery while taking them, many of them clearly come with these warnings. You can find these warnings on the labels of many types of medicine, from antidepressants and painkillers to antihistamines.

The prospect of a medication that can affect your ability to drive will include this information, and sometimes it can be read on the label of the pill bottle as well. This is sufficient information to make a driver liable when they cause an accident under the influence of such prescription drugs.

The side-effects of medication that can impair a driver include:

  • Blurred vision
  • Nausea
  • Fainting
  • Drowsiness
  • Impaired cognitive function
  • Slow reaction times

Anyone of these side-effects can lead to an accident, and when they do, you do have a strong case as a victim of such a driver.

Will You Get a Higher Settlement from an Impaired Driver?

The fact that the driver was impaired by prescription drugs or not will not necessarily influence the amount of money you can expect to receive. The settlement amount depends on what your damages are, not on the reason why the other driver is liable. In some states, though, this information can influence the settlement amount: when you are in a state of pure comparative negligence (like Missouri, for example), and you are partially at fault for the accident, the settlement amount will be calculated based on the proportion in which you are both at fault, and this could be established by looking at the reasons for one’s negligence.

Even though a driver facing a DUI will only have to answer for that in the face of the law and criminal court, you can still use testimony and documents from the criminal case to back up your civil lawsuit. You can actually call police officers or experts like toxicologists as witnesses in your civil suit.

Negligence from driving under the influence of prescription meds is not easy to prove, so we strongly recommend seeking the assistance of an experienced St. Louis car accident attorney who can help you build a strong case and protect your legal rights. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.

What Medical Treatment is Covered by Insurance in a Car Accident Claim?

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A car accident can have numerous consequences on someone’s life, from damaging your property to leaving you with a series of injuries you must recover from. Injuries in car accidents are usually not to be ignored, as they can be quite severe or get worse in time if left untreated.

However, when modern medicine doesn’t seem to help, especially when it comes to chronic pain after a car accident injury, some people are turning to alternative options. One of the questions our clients ask us is if compensation covers homeopathic treatment.

Why You Should Always See a Doctor After a Car Accident

Because a car accident involves many unpredictable forces that impact your body, there’s no way of telling if you are badly hurt or not, especially immediately after the crash. Your body releases adrenaline during stressful events like car accidents and that can fool you into thinking that you’re ok and no significant harm was done. Internal injuries can be severe and lead to complications if they are not identified in time.

We have mentioned these facts because it’s imperative to go see a doctor after you’ve been in a car accident. Not only to make sure that you don’t have any hidden injuries but also because medical documentation will serve as hard evidence in your car accident claim.

Compensation for Medical Treatment after a Car Accident

A car accident can have numerous consequences that change your daily life, and they often imply unplanned costs. If you were injured as a result of another driver’s negligence, then you can claim compensation from their insurance company.

Note that the insurance company will require medical documentation that proves the extent of your injuries, what treatment is needed and for how long.

There are several possible types of medical treatments that will be covered by the insurance company. However, homeopathy is generally not one of them.

Homeopathy is considered to be part of alternative medicine treatments that do not have scientific support from the medical community. Along with acupuncture, naturopathy, and other alternative treatments, it will be disregarded by the insurance company and paid for with smaller amounts than allopath medicine would receive.

Even if your homeopathic treatment is recommended by an M.D., if it is provided beyond the doctor’s control it will most likely not be covered by the insurance company. If you do opt for homeopathic or other alternative treatments, expect to pay them from your own pocket or to cover most of their cost. They are generally disregarded by insurance companies and will be valued less when the settlement calculations are done.

Our advice is to see an M.D. and follow their instructions and treatment plans, as they will increase the settlement value of your injury claim. Consult with a St. Louis auto accident lawyer too since they can help you figure out the best course of action for your case.

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Click to Call: (314) 361-4242

Can I Still File a Car Accident Claim I Am Partially at Fault?

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two st. louis drivers invovled in car accident

A car accident, no matter how big or small, is a stressful and traumatic event. Not only that you have to think about medical procedures and bills and lost workdays, but the legal aspects can be quite a hassle too.

In many cases, car accidents are caused by a chain of events that often involve two or more drivers. So it’s not always easy to establish who is at fault and how will that affect the settlement.

Fault in a car accident will be treated differently in every state. While some states take into consideration both parties at fault, others won’t even give you a chance of settlement if you had any implication in causing the accident.

Because the facts aren’t always clear, going into this fight alone is not the best idea. You will benefit greatly from someone who understands the law, the type of evidence that could make a difference, and the tricks insurance companies use to pay a lower settlement. That’s why you should speak with a St. Louis auto accident attorney and build a strong case.

Pure Comparative Negligence

Missouri follows the pure comparative negligence doctrine. This means that the court will establish the level of guilt each party shares and will adjust the settlement according to that.

For example, a settlement of $100,000 will be reduced to:

$90,000 if you are found to be 10% at fault
$50,000 if you are found to be 50% at fault

Establishing the Proportion in Which You Are at Fault

Both your lawyer and the insurance company will gather information during the car accident’s discovery phase. This knowledge will be the base of the future settlement. The insurance adjuster will use everything they can find to make it seem like you play a role in the accident and minimize the amount they have to pay.

Evidence like medical reports, police reports, witness accounts, car technical reports, and other documents will be gathered, classified and evaluated by the court. The insurance company will issue an initial at-fault report, which you can appeal if you believe your percentage of fault is exaggerated.

Why Speak With an Attorney

Sharing the fault with the other driver will make your case more complicated, so hiring a St. Louis car accident lawyer is the best option you have.

The amount from which a proportional amount will be calculated is based on the damages you suffer. That will include medical expenses, lost wages, pain and suffering, property damage, and other losses. This calculation is complex and it cannot necessarily be predicted through an equation, so it’s very important to have a car accident lawyer by your side who can assess your case correctly and take the necessary actions to maximize your settlement.

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Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

How Construction Sites Can Be Dangerous for St. Louis Drivers

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The dangers that drivers face every time they are on the streets are numerous. Among them, construction sites are perhaps some of the most hazardous. That’s why driving cautiously is so important.

Here is how a construction site can be hazardous for drivers.

What Can Happen If You Don’t Practice Safe Driving Around Construction Sites

It’s obvious that road construction sites reduce the space used by drivers to move around, often redirecting traffic through narrow lanes that overlap when going around the construction site. If the construction site is not signaled correctly or if the driver ignores or misses the signs that warn about a construction zone ahead, disasters can happen.

Workers on road construction sites are exposed to traffic dangers and often fall victim to speeding or reckless drivers. Drivers and passengers often get hurt themselves when crashing with construction vehicles or other objects on a construction site, or when driving off the road trying to avoid them.

Rear bumping is also very probable if drivers do not increase the distance to the car ahead when driving through a construction zone. These are often minor accidents, but the damage caused by a minor crash is not easy on your wallet either.

According to the Federal Highway Administration, the most fatal crashes occur in areas with speed limits higher than 50mph, and during the summer or fall months.

How to Prevent Accidents While Driving Through “Cone Zones”

The good news about accidents related to construction zones is that the vast majority of them are preventable. Here is what you can do to drive safely through cone zones:

  • Limit your speed below the maximum allowed speed
  • Follow the instructions on the road signs that signal a construction site, from the very first moment you see them
  • Avoid going through construction zones if possible. There are several traffic apps that show you real-time events and alternative routes
  • Follow instructions from construction workers when they are redirecting traffic
  • Increase the distance between you and other cars
  • Avoid changing lanes or do so after signaling in a timely manner
  • Watch out for drivers who may not practice cautious driving

Preventing accidents in construction zones doesn’t take much effort from your part. All you have to do is follow the warning signs and traffic laws closely, and mind the other participants to traffic. Unfortunately, many drivers ignore these common-sense rules and that leads to worrying statistics each year. If drivers would take these statistics into account, we would probably have fewer casualties, injuries and property damage from construction site accidents.

Were You Injured?

If you were injured in a car accident due to the negligence of another driver you may be entitled to compensation. Get in touch with a St. Louis car accident attorney, present them your case, and let them represent your interests. Give us a call 24/7 at (314) 361-4242 for a FREE case evaluation.

Involved in a Car Accident With Someone Who Has Dementia

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The law is clear: if you are responsible for a car accident, then you are liable for compensation. Missouri is a pure comparative fault state, meaning that all drivers involved in the car accident could potentially be liable if they are all responsible, at least in part, for the collision.

However, in some cases, it’s not a drunk driver, or someone using their phone and not paying attention to the road that may have caused the accident. It could be someone with a genuine medical condition, like dementia. Who pays then?

Understanding What Dementia Is

Dementia is a neurodegenerative condition that affects 46.8 million people worldwide. This disease does not hit you all at once – symptoms can be very slow to appear in some cases, taking even years to fully affect a person’s life.

On average, people with dementia can experience:

  • Memory loss
  • Disorientation
  • Mood swings
  • The trouble with planning or following steps
  • Confusions regarding time and space

People with dementia are sometimes allowed to continue driving. Now, the law doesn’t mandate people to disclose they are suffering from dementia when renewing their license, but doctors do have the option of reporting these drivers if there is a concern their driving may put themselves or others in danger.

In most cases, the person will dementia will get a driving assessment that will show if they are still able to drive or not, and will need to repeat it as their doctor’s recommendation.

Who Pays for Compensation?

This can be a tricky question because it greatly depends on the case at hand. If the person with dementia has permission to drive, then they will be liable through their auto insurance. However, they are also required to disclose to the insurance company that they are suffering from this condition. If they don’t, the insurance company may be able to deny covering the claim because their client breached the contract.

Additionally, it’s also possible for a person with dementia to get behind the wheel even if they are not allowed. This condition can create a lot of confusion, and the person may very well forget they cannot drive anymore and get behind the wheel without their caretaker noticing.

In this case, the person legally responsible for the person with dementia may, therefore, be held liable. Technically, auto insurance coverage does extend to family members, but this situation creates a grey area and it’s possible to have a hard time getting compensated.

What Should You Do?

These cases can be incredibly difficult because you are not dealing with a reckless driver, but with a very sick person. Still, you still have the right to be compensated. Reach out to a St. Louis car accident lawyer to find out what your legal options are.

FREE Consulation

Speak with an experienced attorney 24/7

Click to Call: (314) 361-4242

Do I Really Need an Attorney After a Car Accident?

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shaking hands with a st. louis car accident attorney

A car accident often leaves the victim in a personal financial crisis, with high medical bills, lost wages and other expenses they might have during the recovery phase. With all this stress involved, it may seem that hiring a St. Louis auto accident lawyer would only add to the cost of an accident.

Some victims feel confident enough in their own negotiating capabilities to consider representing themselves during the car accident claim trial. However, this decision rarely saves them more money. On the contrary, not having an attorney to represent you can drastically reduce the settlement you will obtain.

Here are the main reasons why you should not represent yourself during a car accident claim:

You Should Invest All Your Time and Effort into Your Recovery

If you got injured, then you will most likely have to visit doctors and specialists, take time from work to rest and recover, and undergo treatment for your injuries. Depending on the severity of your injuries, you are more or less capable of moving around and the discovery period of your trial can be really tiring: gathering evidence, submitting all necessary documents in time, contacting witnesses and experts, and much more.

You May Lack the Experience and Knowledge an Attorney Has

No matter how well you know the law, if you are not a car accident attorney yourself, you may not understand all the legal details that will be relevant to your case. Laws are also updated periodically and they might be interpreted wrongly by an untrained eye. You may also lack the experience related to the court, the judges, the jury, etc. An experienced attorney can navigate smoothly through this process, focused on getting you a fair settlement.

It’s Likely That You Will Settle for Less Than You Should

When you represent yourself, you are more likely to be tempted by the first offer the insurance company will make. Too many times, this offer is lower than you should rightfully get, and the insurer only proposes an amount this low because they also expect negotiations. Taking the first offer might get you money fast and release you from the stress of handling the case, but it’s a loss in the long run.

Time Management

Think about the actual time you will have to spend doing representing yourself in a car accident case. Split between doctor’s appointments and legal documentation, it’s easy to miss a deadline or just make mistakes.

If you have been involved in an accident, it is in your best interest to speak with an experienced car accident attorney. At The Hoffmann Law Firm, L.L.C. we have over 20 years of experience handling these claims. We can evaluate your case FREE of charge and we work on a contingency fee. Simply put, we only get paid and if and when you get compensated.

Call (314) 361-4242 for a FREE case evaluation.