Car Accident Claims

If you have suffered injuries from a car accident and the financial burdens that follow are worrying, you might be tempted to represent yourself in the case.

Some people do it to avoid paying attorney fees, while others feel that an attorney is simply not needed in their particular situation. 

While car accident victims can represent themselves, here is why it is usually not a good idea.

Handling a Car Accident Case Can Take a Lot of Your Time

The process of a car accident claim or a lawsuit is time-consuming. Assuming that you also suffered from personal injuries and you are currently recovering, the time you can invest in the legal proceedings can be very limited. 

Since the law requires certain steps to be followed strictly when filing a claim, it is best left to an experienced St. Louis car accident attorney. If your health condition worsens, you might not make the deadlines of filing a claim or be able to invest enough time in the process.

It’s Important to Know and Understand the Law

Some individuals may be familiar with the law and think that they could handle their own claims successfully. The issue is that laws change constantly, and unless you have direct knowledge about the updates, you might be surprised by unexpected factors in your claim.

Misunderstanding the law and insurance contracts is also a big mistake for many car accident victims who decide to represent themselves.

The Experience of an Attorney Can Greatly Influence Your Final Settlement 

An experienced St. Louis car accident attorney understands what generally works and what doesn’t. They have done it before. They are also familiar with the tactics used by insurance companies to pay victims less money and can protect you from them. 

Some car accident claims require a very specific approach to be successful. From negotiating medical payments to hiring expert witnesses, an attorney is more equipped to get you a higher settlement for your damages.

So the bottom line is, while you can represent yourself in a car accident case, it is generally not a good idea. Weigh your decision very carefully and only then decide if you have the knowledge and expertise to do this on your own, while you’re recovering from your injuries or dealing with other types of damage.

As we’ve discussed, representing yourself requires a good understanding of the law, knowing how to negotiate with the insurance company, and a lot of time for the legal proceedings. An experienced lawyer can take all of this burden off your shoulders. 

Each year, there are more and more fatalities in St. Louis because of car accidents. Rollover truck accidents account for about 30% of passenger vehicle deaths. 

An average commercial vehicle weighs approximately 80,000 pounds, and when you load it up with cargo, the impact of that massive vehicle on a passenger vehicle will almost always result in fatal damage. If you or a loved one has recently been involved or injured in a Missouri rollover crash, then it’s a good idea to speak with a St. Louis auto accident lawyer as soon as possible. 

Common Cause of Rollover Crashes

Any accident involving a commercial vehicle, whether an 18-wheeler, a semi, or even a tractor-trailer is complicated. That’s because such accidents are known to often be fatal, not only to the truck driver but also to passers-by and occupants of other vehicles. It is therefore important to understand the factors that lead to a truck rollover accident. Rollover crashes are tragic no doubt and should be handled adeptly.

Based on data collected over the years, the following are the common causes of rollover crashes:

1. Speeding – Note that all vehicles can actually roll over. However, taller vehicles with narrower frames like vans, pickups, and SUVs have a higher center of gravity. This means that these kinds of vehicles are more vulnerable to rollover should they be involved in a single-vehicle crash.
   
   Based on the data of the previous years, fatal rollover crashes frequently involve speeding. Almost a quarter of rollover crashes happened in places where the posted speed limit is 55 miles per hour or higher. Speeding creates more power; which means that the impact of the collision will always be stronger, and the rollover is usually almost fatal.

2. Distracted or Negligent Driving – Unfortunately many drivers are still too lackadaisical about the dangers of using phones while driving. When on the road, all your attention should always be on the road. One second of distraction is all it takes to cause a swivel, rollover, and crash. It just takes a single notification beep to take your eyes off the road, and the next thing you know you’re facing death and taking other innocents along with you.
   
3. Alcohol – Drunk driving has led to thousands of lives being lost. Still many drivers think they are capable enough to drink and drive. Nearly half of the fatal rollover crashes in Missouri involve alcohol. When driving, you need to be fully alert and rational. Even a single shot can negatively impact your judgment, vision, and muscular coordination, making you a driving hazard.

4. Driver Behavior – NHTSA data shows that more than 85% of vehicles in rollover crashes are single-vehicle crashes. This means that most fatalities and crashes do not involve other cars aside from the one that rolled over, which strongly suggests that the driver was either negligent, inexperienced, or both. 

5. Road Conditions – The poor conditions of roads and highways can add to the difficulty of maneuvering a heavy vehicle and make driving dangerous. Several accidents have been attributed to poor roads especially on those that are steep, going downhill, sharply curved, or winding. Accidents have also been caused due to the vehicle hitting a bump or debris on the road. 

Determining who is at fault, the extent of damage, the negligence in driving if there are any and if the driver is employed by a trucking company or an independent contractor are just a few of the things an experienced attorney can help you with. They can also help ensure your legal rights are protected throughout the process.

If you are eligible for compensation, your St. Louis car accident lawyer can assist you with building your case to ensure you receive a just and fair amount.

When two roads or more cross each other, the point at which they intersect becomes a very busy place where conflicting actions can happen. Vehicles turn left or right, cross over, or attempt to beat the red light. This is the main reason why car crashes happen more at intersections than at other points on a road.

Crash Factors

Several dynamics influence the potential for a car crash. First, the driver’s profile, such as their age, mental and emotional state, line of work, and personal circumstances. Second, the status of traffic lights or other traffic control devices. Third, the weather conditions. And fourth, a critical pre-crash event which may have made a collision inevitable.

Common Causes of Intersection Crashes

In a report of the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA), statistics showed that 36% of car crashes are intersection-related. Of these, the three major reasons are drivers (96%), vehicle malfunction (less than 3%), and weather disturbance (less than 3%).

Drivers

Most of the driver-attributed car crashes at intersections are due to a failure to pay full attention to the road. This lack of observation by a driver of his or her surroundings may lead to false assumption of other drivers’ actions, turning with an obstructed view, and misjudging either another driver’s speed or the gap between their vehicles.

Careless driving is another major reason. The driver could be lost in thought or distracted, under the influence of alcohol, suddenly change lanes, or ignore traffic signs.

Aggressive driving is also one of the most common causes of car crashes. These include speeding, making an illegal maneuver, tailgating, intentionally disobeying traffic signs, and refusing to yield right of way.

Vehicle Malfunction

Some car crashes are attributable to a technical failure in the car itself. An error in the brake system, a steering wheel going out of control, or a sudden flat tire can impede a driver’s ability to drive their vehicle safely.

Weather

Hard rain, sleet, or snow can also affect road conditions and a vehicle’s performance. Skidding cars on slippery streets is a dangerous combination that may lead to crashes, particularly at a busy intersection where traffic comes and goes in every direction. Extreme weather can also obstruct a driver’s view and affect their calculation of speed and distance.

Being involved in a car crash can cause serious injuries, property damages, or even loss of life. If you or a loved one have been involved in an intersection accident, it is highly recommended that you speak with a St. Louis auto accident lawyer to ensure your rights are protected.

If you are eligible for compensation, your St. Louis car accident lawyer can assist you with building your case to ensure you receive a just and fair amount.

It’s not uncommon for insurance companies to ask car accident victims to provide a recorded statement.

They would often argue that the statement can speed up the claim process and help the victims get their compensation faster. The insurance adjuster may even sound friendly, helpful, and reasonable, so you may be tempted to give the statement. 

However, always keep in mind that insurance companies are for-profit businesses, meaning that their primary goal is to minimize their losses. What you say in your statement can and will be used against you to lower your compensation or deny your claim altogether. Before agreeing to anything, it’s wise to consult with an experienced St. Louis car accident lawyer.

Am I Legally Required to Give a Recorded Statement?

The short answer is no, you don’t have to offer a recorded statement if you don’t want to, regardless of whether the request came from your insurance company or the insurance company of the at-fault driver.

During the initial call with the insurance adjuster, they may ask for a recorded statement of your account of what happened during the accident. The adjuster may argue that they will use this information to analyze your claim and speed up the process. They will make a compelling case. They could even tell you that you may face legal repercussions if you don’t give them the statement. Don’t let yourself be fooled or scared by these tactics. Speak with an experienced attorney.

Insurance companies use recorded statements to try to catch claimants off on the wrong foot. For instance, they ask for the statement as quickly after the accident as possible, before you have time to speak with your lawyer and the investigators, or before all the injury symptoms start appearing. If you’ve suffered a soft tissue injury, such as whiplash, for example, it may take a few days for the symptoms to show up. You might not have noticed the neck pain yet, and thus tell the adjuster that you are feeling fine. If you start feeling pain in the next days, go to the doctor and find out that you have whiplash, it may be difficult to make a claim as your recorded statement says that you are fine. 

What Should You Do?

The best thing you can do is to politely decline the request and inform the insurance adjuster that all communication should go through your lawyer. 

If, after discussing this with your lawyer, you do decide to give a recorded statement, you should be very careful about what you say. If you don’t know the answer to a question, you can refuse to answer or consult with your lawyer first. If the insurance adjuster asks you to confirm information, don’t do it unless you are certain. Even something as innocent as “I guess so” can jeopardize your claim. 

Speak With a St. Louis Car Accident Lawyer

There’s rarely an instance when giving a recorded statement can benefit your claim. An experienced St. Louis car accident attorney can explain to you when and how you should give one. 

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.

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. 

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.