Whiplash & Whiplash Injury St. Louis

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Accident Attorney Discusses Missouri Laws on the Use of Headlights

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If you have been involved in a St. Louis car crash and headlights were a factor, you may be entitled to financial compensation.

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The darkness of the night, rain, snow, or fog can decrease a motorist’s visibility. In such conditions, use of headlights is important to decrease the risk of a St. Louis car wreck. Our attorneys would like to take this opportunity to discuss Missouri’s law regarding headlight use. Missouri law requires a vehicle’s headlights to be switched on when visibility is decreased due to fog or other weather conditions, or when the windshield wipers are in use.

In 2004, a law came in effect that dealt with the use of headlights at specific times. Section RSMo 307.020 that deals with when headlights are required were amended to include new requirements. Here is what the law reads. “When lighted lamps are required” means at any time from a half-hour after sunset to a half-hour before sunrise and at any other time when there is not sufficient light to render clearly discernible persons and vehicles on the highway at a distance of five hundred feet ahead.  Lighted lamps shall also be required any time the weather conditions require the usage of the motor vehicle’s windshield wipers to operate the vehicle in a careful and prudent manner as defined in section 304.012, RSMo.   The provisions of this section shall be interpreted to require lighted lamps during periods of fog even if the usage of the windshield wipers is not necessary to operate the vehicle in a careful and prudent manner.

The Missouri State Highway Patrol reminds the drivers that it is always better to be visible then to be in an accident. Laws have been enacted in order to promote safety on the highways. The Missouri State Highway Patrol also explains that it is a good idea to slow down in bad weather conditions and to wear a seat belt and make sure that the passengers are either in an approved child restraint seat or are buckled properly when riding in a vehicle.

High Beams Vs. Low Beams

As most of us are aware, high beams are not useful in rainy or foggy conditions as they reflect off the water particles at the motorist. However, low means aim down at the road and are helpful when visibility is poor.

Lights as a Factor in Car Accident Causes

In many cases, the driver neglects to turn on his/her headlights and this leads to a collision with other vehicles or even pedestrian. If the eyewitnesses testify that at the time of the crash, one of the vehicles had not switched on headlights, the driver of that vehicle may be held liable for the crash.

If you are involved in a car accident, whether during the day or night, and lights could be a factor, make sure you talk to eyewitnesses, take photographs of the accident scene, and get all the information you can.  Speak to a qualified St Louis Automobile Accident Attorney for legal help.

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

Providing a Written Statement After an Auto Accident

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Should you answer the insurance investigator’s questions or provide a written statement after a St. Louis automobile accident?

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Recorded and written statements are a part of almost every car accident case, whether it is a simple claim or a full-blown lawsuit. However, the question is whether a person should agree to give a recorded statement or not? Is there an advantage to providing a written record rather than answering the investigator’s questions? Consider the following.

Insurance Companies Often Want Recorded Statements

Insurance companies are known to use pressure tactics to get the claimants and witnesses to provide a recorded statement during an investigation. The insurance adjuster may demand a recorded statement during the initial call itself. This happens because the insurance adjusters and even the investigators usually have a script for recorded statements and as they ask questions they tend to focus in the information they think is relevant to the claim even though it may not be relevant to the claimant. Also, adjusters find recorded statements easier to control, and they are often able to ambush the claimant with a request for a recorded statement. For this reason, most recorded statements are provided without any input from a St. Louis Car Wreck Lawyer. The claimants should understand that the statement they provide can have a direct effect on the insurance company’s decision regarding liability, which could mean the difference between obtaining rightful compensation and nothing at all.

In short, insurance companies prefer recorded statements over written statements as they are more likely to benefit the insurance company.

Do I Have the Right to Give a Written Statement?

The claimant has the right to provide a written statement. Depending on the insurance policy, the claimant may not have the right to deny providing a recorded statement, however, the claimant is never prevented from providing a written statement stating his/her version of events. In spite of this, many people let go of this opportunity to narrate their side of the story.

Giving a written statement to the insurance company lets the claimant narrate exactly what happened leading up to the claim with as much detail as he/she wants. The advantage of a written statement is that it can be done in your own time and there is no pressure to get it right the first time. The claim can control the message and is not dependent on the adjuster who may ask the questions that distort the story or suit his interests.

Injured in a St. Louis Car Accident?

If you have been injured in a car accident, you will have to give a statement to the insurance company, it would be in your best interest to seek the help of a St. Louis Injury Attorney before speaking with or providing insurance adjusters with a statement. This will ensure that your best interests are protected. Call (314) 361-4242 to schedule a free and private consultation with an experienced car accident attorney at The Hoffmann Law Firm L.L.C. today.

Car Seats and Child Safety

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Car accidents are one of the leading causes of deaths among children.

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Negligence in following recommended safety protocols for children while traveling is the foremost concern that results in car accident-related deaths among children. Use of incorrect car seats, improper use of car seats, not using a seat belt for children, incorrect child restraint systems are some of the leading reasons of death.

The Center for Disease Control and Prevention states that correct usage of car seats, booster seats, and seat belts can reduce death risks for infants by 71%, 54% for toddlers, 45% for children aged 4 to 8 and 50% for older children respectively. Their research based on a study of 3,500 car and booster seats showed that an alarming 72% of the restraint systems were incorrectly used, actually risking injury to the child. They also found that inadequate knowledge with regards to buying the appropriate car seat increased the risk of injury. Here are some recommendations for your reference:

  • Use of appropriate car seat or booster seat depends upon age, height and weight of the child.
  • Regardless of distance, correct use of child restraint systems is a must.
  • Children should always sit at the back; the middle seat in the back is typically considered the safest.
  • A car seat facing the airbag increases risk of injury.
  • Infants under the age of two should sit in a rear-facing car seat, whereas, a forward facing seat is generally best for toddlers aged 2 – 5.
  • Children above five should sit on a booster seat, until the belt fits correctly (with the lap belt across the upper thighs and the shoulder belt across the chest).
  • Read the instruction manual of the car seat / booster seat thoroughly, to ensure proper installation and correct usage. If unsure, request the assistance of certified Child Passenger Safety Technicians. The National Child Passenger Safety Certification Program has a preparation checklist for meeting with a CPS Technician, and the car seat checkup process details.
  • Most Importantly – BE A ROLE MODEL YOURSELF BY WEARING A SEAT BELT.

State Based Laws for In-Car Child Safety

All the US states have set laws around child safety with regards to car seats. The rules, laws, and standard procedures differ from state to state. As parents, it is essential to know your state’s laws surrounding car seat safety. While traveling long distances, you should look up the car seat safety laws of the state you are traveling to. For example, some states have no set preferences for using a rear facing seat, while some states require children to be seated in the back seat only.

The fines and provisions surrounding the enforcement of the laws also differ from state to state. In some states, child car seat violations fall under primary enforcement laws, which mean that cars can be stopped for simply violating child car seat laws. In some states, car seat laws are secondary enforcement laws that need an additional reason, apart from car seat violations, for cars to be stopped on the road.

Either way, the consequences of improper is of car seats, incorrect child restraint systems and negligence are dire. If your child has been injured in a car accident, you could become legally responsible and liable to a full probe conducted by the authorities on the causes of the injury to the child.

St. Louis Car Accident Lawyers

If your child has been injured in an accident caused by another person, speak with experienced St. Louis car accident attorneys at The Hoffmann Law Firm, L.L.C. We can evaluate your case for free and help you determine if you are entitled to compensation from the party at-fault. Call (314) 361-4242 to schedule a free consultation.

Why November and December Witness Higher Rate of Car Accidents

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car-accident-st-louis-injuryCar accidents can occur anytime, anywhere. However, higher rates of car accidents are reported in the months of November and December compared to other times of the year.

This higher volume of car accidents in November and December can be attributed to several reasons:

Day Light Savings Time

Some studies have shown that time changes that happen with Day Light Saving Time increase the risk of accidents as people adjust to new sleep cycles.

Shorter Days

With days becoming shorter, many of us have to drive or walk back home in the dark, and this can be a little difficult to adjust to. Drivers tend to feel more fatigued driving in the dark and this combined with poor visibility increase the risk of accidents.

Holiday Season

The holiday season often means more parties and more alcohol, and this directly translates into a higher risk of car accidents. In Missouri, drunk driving increases during this period and many accidents are reported as a result. So, it is important to avoid drinking and driving. If you plan on drinking make sure you have someone else drive you home. Apart from drunk driving, the general mood of the people and increased activity on the roads increase the risk of an accident.

Increased Stress

With the holiday season around the corner, many Missourians are busier than ever. With all the holiday plans, social events, and shopping to attend to, the additional tasks increase stress. All this and stress can mean distraction, leading to an automobile accident. When the driver is thinking about shopping and party plans, it takes attention away from the task at hand. This often leads to intersection accidents and right of way collisions. When the drivers are tempted to multitask or check their cell phones while driving, it can lead to an accident.

It is not easy to escape all the stress and excitement of the holiday season, but it is extremely important to put safety first and be stress and distraction free while driving. Don’t push yourself too hard, and take off the non-essential tasks from your to-do list. Plan your day well and keep adequate time for rest. By doing so, you will not only reduce the risk of an accident occurring but will also allow you to enjoy your holidays in a stress-free manner.

Taking some extra precaution during the holiday season can save lives and prevent many injuries. Small things like putting your cell phone away and following all traffic rules can go a long way in making our roads safer. So, enjoy your holiday season to the fullest and keep roads safer by being extra cautious!

Consult With a Car Accident Lawyer

If you or someone dear to you gets injured in a car accident this holiday season, contact an experienced St. Louis car accident lawyer to discuss your legal rights and to get help with the claim process. Call (314) 361-4242 to schedule a free consultation with an experienced attorney from The Hoffmann Law Firm, L.L.C.

How to Know if Someone is in Shock

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A car accident victim may experience shock, a life-threatening medical condition that can worsen quickly.

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Every year, car accidents claim the lives of thousands of people. While most of these deaths are a direct result of car accident injuries, a large number of deaths are caused by shock. It is important to understand the signs of shock so that you can help a victim until emergency personnel arrives.

Shock After a Car Crash

After a car accident, a victim may experience two types of shock: physiological and psychological. Physiological shock is a medical term used to refer to the state a person enters when tissues and organs do not receive enough blood and oxygen. Psychological shock can mimic physiological shock and one can experience it after a traumatic experience either from physical or emotional trauma. A car accident victim can experience both these types of shocks and it is important to get early medical treatment to prevent complications or death.

Signs and Symptoms of Shock

A person who has gone into shock may not be able to answer basic questions such as name, location, or what time of the day it is. Failure to answer any of these questions could indicate that the victim is experiencing shock. Other symptoms include:

  • nausea and weakness
  • pale, clammy skin
  • profuse sweating
  • shallow, fast breathing
  • fast pulse in the neck
  • unconsciousness
  • blue or white lips and fingernails
  • confusion

Until Help Arrives

It is important to seek immediate medical attention for shock. Here are a few things that you can do to help the patient while you wait for emergency personnel.

  • Keep the victim warm with a blanket or coat to conserve body heat.
  • Loosen clothing.
  • Control bleeding with pressure.
  • Elevate the feet, but try not to move the patient if he or she has suffered a serious injury such as a possible spinal injury.
  • Reassure the patient.
  • Remain calm.

St. Louis Car Wreck Injuries

If you have been injured by a negligent driver, you can make a claim for compensation with the help of a St. Louis car accident attorney. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242.

100 Deadliest Days for Teen Drivers

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What makes the summer time more dangerous for teen drivers?

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Car accidents are an everyday occurrence on Missouri roads. Thousands of people are injured and many others are killed every year. Of all drivers, teen drivers are believed to be at the highest risk of car accidents because of their inexperience and recklessness. Teen drivers are more prone to making poor driving decisions, often leading to car accidents.

The AAA Foundation conducted a study of police-reported teen driver accidents over a period of 10 years. The study revealed that during the summer of 2012, close to 1,000 people were killed in accidents involving teen drivers. Surprisingly, around two-thirds of the victims who were killed in the accidents involving teen drivers were not the teens.

A Dangerous Time of Year for Teen Drivers

Although an accident involving a teen driver can occur anywhere and at any time, some days are known to be more dangerous than others as far as teen accidents are concerned. During 2013, there was a 43 percent increase in teen driving accidents in the summer compared to other times of the year. The time period between Memorial Day and Labor Day seems to the deadliest for teen drivers.

What makes summer more dangerous for teen drivers? In summer, teenagers tend to drive more for recreational purposes than just back and forth to school. In addition, they are more likely to be driving with teen passengers and this means the risk of an accident increases further, because passengers can be a serious distraction for a young driver. Teen drivers also tend to speed or take risks just to impress their passengers. Teen passengers are also known to ride without a seatbelt when they are riding with their peers. All of these distracted behaviors increase the risk of a car accident, making summer the most dangerous time of the year for teen drivers.

The Role of Parents

Parents can play a huge role in training their kids to be safer drivers, reminding them of safe driving practices. Keep reminding them to put their cell phones away while driving. The best way to teach safe driving habits is by being a good role model. Make sure you wear a seatbelt, put away your cell phone, and obey all traffic rules when driving.

Injured by Negligent Driver?

If you have been injured in a car crash caused by a negligent or reckless driver, pursue a claim for damages from the at-fault driver. Consult with a St. Louis car accident attorney to discuss your case. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 for a free consultation.