Car Accident Claims

The Federal Highway Administration estimates that wrong-way accidents can cause between 300 and 400 fatalities each year.

The issue is defined as a vehicle traveling in the opposite direction of travel on a freeway or highway, and colliding with another vehicle going in the right direction.

How These Accidents Happen

There are many things that could go wrong on the road, but driving in the wrong direction of a lane seems like a thing of fiction. Though not very common, wrong way car accidents can happen and account for about 3% of total motor vehicle accidents. However, when they do happen, they are more likely to cause fatalities than other types of road accidents.

Most of the time, wrong way driving is a result of driver error, particularly when a driver wants to enter a highway exit ramp. Driver error is an extremely complex issue, that can be defined by a variety of different matters:

• The driver’s unfamiliarity if the roadway in a particular area;
• Distracted driving;
• Driver fatigue; 
• Driver mental state or health;
• Driving under the influence of drugs or alcohol.

Other possible causes may not much to do with the driver:

• Poorly marked ramps or lack of signs;
• Bad ramp design;
• Weather conditions that affect visibility

How to Stay Safe

It’s vital to pay close attention in front of you, not just one or two cars ahead. Ideally, you should have a clear (or, at least, somewhat clear) view of your current way. The further you can see the roadway, the more prepared you can be if you see a wrong-way vehicle approaching.

If you can, try to drive only on the right lane, as that may increase your chances of avoiding a wrong-way driver. If you see a driver approaching you, switch to the right lane as soon as you can.

Of course, sometimes you don’t have the option of switching lanes. According to the FHA, most wrong-way collisions take place head-on, which is why they result in fatalities so often. If you don’t have enough room to switch lanes, you should turn your vehicle to the side, which could potentially minimize the severity of the impact.

Though these tips could really make a difference when faced with a wrong-way driver, they cannot completely prevent such accidents from happening. And when they do, what are your options?

Speak With an Experienced St. Louis Lawyer

If you have been in a car accident with a wrong-way driver, you should get in touch with a St. Louis auto accident lawyer and file an insurance claim for compensation.

A lawyer can help you understand what you need to do, and who is liable.  Give us a call, day or night, at (314) 361-4242 for a FREE consultation.

Many car accident victims think about representing their own case, particularly if they believe the accident was fairly straightforward.

After a St. Louis car accident, you may want to file an insurance claim to get compensated for your injuries and damages. If the accident wasn’t your fault, it only makes sense to hold the person responsible liable, right?

A lot of victims think about the option of representing their own case, particularly if they believe the accident was fairly straightforward. However, that would be a mistake and a costly one at that.

Why You Shouldn’t Represent Yourself

Think about you and your knowledge before you start filing insurance claims:

• How familiar are you with Missouri traffic laws?

• How well do you know how insurance companies operate, and how the claims process goes?

• What do you need to build a compelling case?

You need to have a good understanding of Missouri law to be able to represent yourself. Even if you think the case seems easy, and the other driver agrees they were at-fault, you generally won’t be dealing with them directly – you’ll be dealing with insurance adjusters.

As such, you’re at a disadvantage right from the beginning. Adjusters know the law and the process for awarding compensation. If you go through this process by yourself, they can legitimately assume you lack this knowledge and try to use it against you.

In fact, if you choose to go through this process without a lawyer, you are effectively giving the insurance company good news. For them, this entire process is a business transaction, and the only way for them to come out on top is by giving you the least amount of compensation possible.

Because of your lack of experience, you may not even know how much compensation you should rightfully get, which gives insurance adjusters the opportunity to offer a low-ball deal. And the chances that you’ll take it are extremely high.

Why You Should Work with a Lawyer

A good St. Louis car accident lawyer increases your chances of getting properly compensated tremendously. For one thing, they have enough experience with these types of cases to know how much you should receive based on your injuries, damages, and other details of the case, and actively negotiate for it with the insurance company.

An experienced lawyer can help make sure your rights are protected. You may wish to skip hiring one because you’re afraid of lawyer fees, but know that most personal injury lawyers work on a contingency. As such, it is also in their interest to get you the highest amount possible.

Schedule a FREE Consultation

At this time, you should focus on healing and getting over this incident, not trying to make sense of the intricacies of insurance claims. If you’re looking to be compensated, reach out to a St. Louis car injury attorney to discuss all your legal options. Based on your case, they can point out the best course of action you should take. Give us a call today at (314) 361-4242.

Though it can be frustrating, it is important not to panic if your car accident injury claim has been denied.

If you’ve been the victim of a car accident, one thing you can do is file an injury claim and hope you’ll receive some financial aid to cover all your medical expenses.

These claims often go through the other driver’s insurance companies. Another solution would be to sue the other driver in civil court, but that process generally only happens when gross negligence is involved. And when you’re dealing with insurance adjusters, particularly if you’re on your own, you may be hit with this frustrating conclusion: your claim has been denied. What should you do now?

Why the Claim Was Denied

The insurance company must give you a reason for why they denied your claim. Some common reasons can include:

• Claiming their policyholder did not cause the accident;

• Use any detail of the accident to invoke policy exclusions

• Claim no coverage existed at the time of the accident, because the premium was not paid;

• Claim they did not have time to investigate the accident because the policyholder did not notify them in due time.

It’s important not to panic if your claim is denied. Yes, it can be a very frustrating thing to hear, particularly when the medical bills are piling up and you have no way of paying them on your own. There is a way to ensure your legal rights are protected. Speak with an experienced St. Louis car accident attorney.

How to Appeal

There are two ways to proceed here. First, you can go back to the insurance company and file an appeal, since most already have such a system in place. If you have a lawyer with you, they can refute any counter-argument made by the insurance company to deny your claim by bringing up the facts and evidence of the case.

If you get nowhere with the insurance company, you can also go to arbitration, where each party will present their side and an impartial third party will rule on the dispute.

Insurance companies will often try to avoid paying these claims, and because of this, it’s vital to work with a lawyer. Through their experience, they can even tell if the company is acting in bad faith, and recommend filling a suit for improper claims practice. This can show the company you’re serious about your claim, and it may convince them to start negotiating.

Even if they do not, your lawyer can represent your case in court. If they provide a convincing argument, the judge will rule in your favor and the company will have to approve your claim and possibly pay a fine for improper claims practice.

Here’s a short guide to help you understand the comparative and contributory negligence systems.

When you’re the victim of a car accident, you most likely will want to seek compensation from the at-fault driver to cover your medical bills, pay for damages, or even account for lost wages if you are unable to work at this time.

However, the state in which you file the claim or the lawsuit can have a lot to say about the outcome. If you’re in this situation, you will benefit greatly by reaching out to an experienced St. Louis car accident lawyer for further assistance.

Here’s a short guide to help you understand the comparative and contributory negligence systems.

Proving Negligence and Fault

In an accident, one party is typically held responsible for the collision, which essentially means you are trying to show another driver was negligent and cause the incident. For instance, if the other driver was using their smartphone, they may be held liable for the accident.

However, in some cases matters aren’t that straightforward. Sometimes, more parties are to blame for the collision, and when that happens, the comparative and contributory systems intervene.

What Is Contributory Negligence?

According to this system, if a driver was negligent and contributed to the accident, then that driver cannot hold a different party involved in the collision as responsible. In states that follow this rule, even if you are only partly to blame for the accident, you cannot recover any compensation from other parties.

What Is Comparative Negligence?

This system is not as strict as the previous one. Essentially, each party is assigned a certain percentage of blame for the incident. There are two categories for this system:

1. Pure Comparative Fault

Each party can recover damages equal to the amount of fault of the other party. If you are found 10% to blame for the crash, you can get up to 90% in damages. However, it also means the party with more responsibility can sue you as well, even if they’ll only be allowed 10% of the total amount.

2. Modified Comparative

With this system, which is also the one used in the state of Missouri, you can collect damages from the other party as long as your own negligence was found under 50%. In these states, the party found mostly responsible cannot collect any damages from the other parties involved.

However, even if you live in Missouri, there is still a chance you’ll have to face a different negligence system. For instance, if the accident took place in a different state that follows another type of negligence system, then you’ll likely have to follow the laws in the state where the collision occurred, and the one in Missouri.

Why Speak With a Lawyer After a Car Accident?

If you’ve been involved in a St. Louis car accident, it’s crucial to speak with an attorney who understands the law and is familiar with the court system. 

As we’ve discussed, negligence comes in many forms in car accidents. In St. Louis, law firms handle violations of the rules of the road that have resulted in a car accident. Most of the “rules of the road,” as we call them, are based upon laws or statutes. If you violate a law or a statute and cause an accident, the injured party in the car accident has a cause of action for Negligence Per Se. Under the Doctrine of Negligence Per Se, a violation of a statute or traffic ordinance resulting in an auto accident is generally considered a form of negligence and a violation of a vehicle operator’s duty of care. An attorney presenting a car accident case must still submit on:

• Causation
• Damages, in addition to having provided proof regarding the Negligence Per Se of the defendant driver causing the car crash.

Defendant drivers and their attorneys in a Negligence Per Se cause of action can submit defenses such as:

• Plaintiff’s failure to stop, swerve, slacken speed or sound the horn
• Plaintiff’s failure to keep a careful look out
• Plaintiff’s failure to mitigate or minimize their injury by refusing medical treatment
• Defendant has a reasonable excuse for the violation of the law or ordinance.

Among many other reasons, this is why it is essential to speak with an experienced injury attorney as soon as possible. At The Hoffmann Law Firm, we can evaluate your case free of charge and help you understand what your rights are after a car accident.

Pictures are often the most telling piece of evidence you can collect after a car accident.

A car accident is a traumatic event that brings along some moments of utter chaos. It is completely understandable that during those times you may be confused and not know what to do.

The first thing you should do is call the authorities, and if you are hurt, get medical treatment for your injuries. However, if your injuries aren’t too bad, you should also consider gathering as much evidence as possible. This evidence, particularly photographs, can prove to be extrememly valuable later on.

Why You Should Take Photos

Photos are often the most telling piece of evidence you can collect. Whether you’re filling an insurance claim, or even plan to sue the other driver, photo evidence is generally considered incontestable in Missouri courts.

However, you should make sure the photos you take are of high quality and contain the important elements of the accident.

How to Take Them

Photos from the car accident scene are only relevant if they can accurately reflect the incident, and not just regarding the damages it produced. You should also take pictures of the surroundings, as some elements there may prove to be the cause of the accident.

Here are some tips to follow:

1. General Shots of the Scene – These photos are about showing the scene as a whole, so you don’t have to worry about details. Make sure to take them from different angles to get in as much as you can.

2.  Photograph all the vehicles involved in the crash, at different angles, focusing on their damage.

3. The traffic light and sign shots near the scene.

4. Take photos of the sky, snow, rain, or other weather conditions. Even if the weather wasn’t to blame for the accident, a picture of a clear blue sky will prevent the other driver from claiming so to try and avoid paying damages.

5. Look for any damaged objects nearby, like street signs, garbage cans, or trees.

6. Get the license plates and insurance card of all the vehicles involved.

7. Look for debris, skid marks, or other elements on the road caused by the crash.

8. Photographs the people involved in the accident, like the driver and passenger, as well as witnesses, policy officer, EMTs or any other people at the scene. This can help you later on to identify people.

9. Document any damage or injury you’ve sustained as a result of the accident. If you can, photographs the visually evident injuries right on-site.