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You are here: Home / Archives for Car Accident Claims

Car Accident Claims

Car Seats and Child Safety

February 15, 2016 by Christopher

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

st louis car accident attorneys

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.

Filed Under: Blog Tagged With: Car Accident Claims, Car Accident Lawyer St. Louis, Child Safety

Why November and December Witness Higher Rate of Car Accidents

December 15, 2015 by Christopher

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.

Filed Under: Blog Tagged With: Car Accident Claims, Car Accident Lawyer St. Louis

Pre Existing Injury Auto Accident

October 22, 2015 by Christopher

Not all St. Louis car accident claims are simple and straightforward. An experienced auto accident attorney can help you determine what compensation you are entitled to.

St. Louis car accident claim lawyer

Anyone who gets injured in a St. Louis car accident caused by the fault of another person or party is generally entitled to receive compensation for both economic and non-economic losses from the at-fault party. However, not all claims are simple and straightforward, because circumstances surrounding every case are different. When making an injury claim following a car accident, some people wonder if their pre-existing medical condition or prior surgeries would influence their financial recovery.

For example, the victim who wants to make a claim had undergone a wrist fusion before the accident, and the fuse was not completely healed. The accident caused a fresh injury to the wrist, and the victim’s condition gets aggravated. In such cases, the victim would more than likely still be able to make a claim.

Medical History and Insurance Companies

When a person files a claim for a car accident injury that resembles any other injury in your medical history, the insurer will likely argue that the fresh injury is a mere aggravation of the pre-existing injuries. The victim does not have to accept this argument as they are legally entitled to fair compensation for their injuries whether they are new injuries or an aggravation of previous injuries.

Proving New vs. Pre-existing Injuries

No matter you have suffered a completely new injury or aggravated any previous injury, you need to prove it, and the best proof is your medical records. If the prior injuries have got aggravated then there would become overlap in the medical treatment. The victim would need the doctor’s help to prove whether the injuries are new and separate or pre-existing.

Doctor’s Statement

Make sure you tell your doctor everything about the car accident right from the start. Tell your doctor about all your symptoms no matter how minor they seem. Let the doctor know of the pain, soreness, numbness, tingling or any discomfort you felt on impact. The doctor’s opinion would be binding on you, and his/her diagnosis and prognosis of your car accident injuries in relation to the pre-existing injuries would be the best evidence in support of your claim.

Remember, insurance adjusters are trained and experienced and when you file a claim they would ask for your medical records. Although they do not have a legal right to check out your records, if you do not provide them, the adjuster can deny your claim. It is important to be honest about any pre-existing conditions or it can affect your credibility and of course, your injury claim too.

Auto Accident Claims Attorney St. Louis

If you have a pre-existing condition, and you suffer a fresh injury in an automobile accident, it would be in your best interests to get in touch with an automobile accident attorney to help you deal with the insurance company and obtain rightful compensation. Call (314) 361-4242 today to schedule a free consultation with an experienced St. Louis car accident lawyer.

Filed Under: Blog Tagged With: Car Accident Claims, FAQ, Pre-Existing Injury

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    Copyright © 2021 The Hoffmann Law Firm L.L.C.
    The images included on this site are not actual attorneys, events, or clients. The choice of a lawyer is an important decision and should not be based solely on advertisements. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.Attorney Chris Hoffmann handles car and truck accident claims throughout Eastern Missouri and Western Illinois. He represents injured clients in St. Louis, St. Charles, St. Peters, Clayton, East St. Louis, Alton, Hillsboro and Belleville, and other cities in St. Louis County, St. Charles County, and Jefferson Country, MO, and St. Clair County and Madison County, IL.