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You are here: Home / Archives for Car Accident Claims

Car Accident Claims

Witness Testimony in St. Louis Car Accident Cases

August 31, 2018 by Christopher

Eye-witness testimony can be a critical part of getting the full amount of compensation you are entitled to after a St. Louis car accident.

If you end up in a car accident that is not your fault, you’re going to want to obtain compensation. Unfortunately, doing so is not always straightforward. Often, the other driver involved in the crash will see things differently, and they will deny being at fault. What you need to do in this situation is to gather evidence that supports your side of the story. If it is compelling enough, you will be able to prove fault and get the compensation you deserve. One of the best ways to use your evidence correctly is by enlisting the help of a St. Louis car accident attorney. One of the pieces of evidence that your lawyer will want from you is a witness testimony, which can make or break a case.

witness to a car accident

Your Word Vs. Theirs

One of the factors that commonly cause people to miss out on getting a fair deal is not being able to prove what happened in the crash. Here’s a potential situation: You’re driving responsibility through an intersection when another driver runs a stop sign and collides with you. Now, you may be able to prove that they ran that stop sign through pictures of the accident, but you may not be able to. If the other driver claims that you were the one driving irresponsibly and there is no evidence to back you up, then it could end up being your word against theirs.

Types of Witnesses

There are a few different types of witnesses you can call to support your case. The most common are people in one of the cars involved, other drivers, and nearby pedestrians. In the aftermath of your crash, it is imperative that you take stock of your potential witnesses. If possible, you don’t want somebody who saw the accident to walk away without getting their contact information.

Importance in Your Case

When it’s your word against theirs, you generally need evidence to prove that your recounting of the events is correct. One form of proof that is frequently used in these types of cases is witness testimonies. They provide a third set of eyes that saw the accident and their version of the crash is a compelling piece of evidence.

Credibility

Having a witness testify in your favor is useful, but it does not mean you will automatically win the case. The big reason why is witness credibility, which can be called into question. The following are two of the many situations where that might happen.

Situation #1 – If the witness is a friend of yours who was in your car, your opponent may be able to poke a hole in their testimony. The reason is that they are biased towards you, and that bias could be clouding their memory of the events.

Situation #2 – If the witness’s version of the story is different than it was in a past statement, they could be found too unreliable to use in the case.

If you are ever involved in a car accident case, you need to employ every tool at your disposal. The first should be hiring a St. Louis car accident attorney, who will help guide you through the entire process. Once you do, you will start to collect essential evidence. One of those pieces of evidence might be a witness testimony, which could be a critical factor in getting the compensation you deserve.

Call 24/7 for a FREE Case Evaluation

(314) 361-4242

Filed Under: Blog Tagged With: Car Accident Claims

St. Louis Side-Impact Car Accidents

August 23, 2018 by Christopher

Of all the types of car accidents, side-impact collisions are one of the most dangerous.

They cause considerable vehicle damage, and more importantly, are a significant injury risk. If you ever find yourself in one of them, it is a good idea to speak with a St. Louis car accident attorney to discuss your options.

Causes

The vast majority of side-impact accidents happen at intersections. Here are four primary causes of this type of accident.

Running Stop Signs – When drivers do not make full stops at stop signs, they are in danger of collisions. Usually, the driver that was driving responsibly is the one that takes the side impact.

Running Red Lights – This situation is very similar to stop signs, but with higher stakes. This is because these accidents tend to be at higher speeds and involve more than two vehicles.

Not Looking Both Ways – Sometimes an intersection has a stop sign for only two ways, rather than all four. In this situation, drivers need to look carefully for cars before turning. If they do not, they could be struck.

Aggressively Taking Unprotected Left Turns – Drivers can get too aggressive at stop lights that have unprotected left turns. This frequently leads to side-impact collisions.

Common Injuries

The reason these accidents are so dangerous is lack of protection. In head-on collisions, the front of the car can crumple and absorb a significant amount of the energy of the other vehicle. In a side collision, all of that energy is transmitted directly to them. Though they have airbags, these accidents are still incredibly deadly. Some of the most common damages that come from them are broken bones, back injuries, concussions, and death.

Avoidance Tips

The best way to avoid these types of accidents is to review the common causes and try to avoid them. The following tips do just that.

Follow The Rules – The essential behavioral change you can make is following the rules at all times. Make complete stops at stop signs, never run red lights, and opt for slowing down rather than speeding up when a light turns yellow. You cannot control other drivers, but you can control yourself.

Waiting Before Entering an Intersection – When a light turns green, you might have a habit of hitting the gas right away. Unfortunately, there are often drivers that are still trying to make their light. Though they are a few seconds late, they dangerously run through the intersection anyway. You can avoid them by waiting a couple of seconds after a light turns green to enter the intersection.

Take Left Turns Cautiously – When you take a left turn, you put yourself in a vulnerable position. Because of this, you should be wary of danger. Look both ways and be defensive when you enter an intersection on a left turn.

Anytime you’re on the road you should drive carefully and defensively. This is especially true when you are at risk of a side-impact collision. Still, even the safest driver sometimes get hit. If this happens, it is a good idea to speak with a St. Louis car accident lawyer to assist you through the process.

Call 24/7 for a FREE Case Evaluation

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Filed Under: Blog Tagged With: Car Accident Claims

Liability in St. Louis Parking Lot Accidents

July 30, 2018 by Christopher

Though St. Louis parking lot accidents happen at much lower speeds and are almost never fatal, there is still a high chance of financial damage and injuries.

When you imagine an auto accident, you probably think of the worst case scenario: A high-speed collision. While these types of accidents happen all the time, it is just as likely that you will get into an accident under 10 MPH. This may come in the form of a parking lot accident. Though St. Louis parking lot accidents happen at much lower speeds and are almost never fatal, there is still a high chance of financial damage and injuries. Because of this, it is best to understand liability in parking lot accidents and follow safety tips to avoid them. No matter how careful you are, you might end up in a parking lot accident anyways. If this is the case, don’t hesitate to contact a St. Louis auto accident attorney.

liability in st louis parking lot accidents

Right of Way

This concept is essential in assessing liability because ignoring it is one of the most common forms of negligence in parking lots. In a parking lot, the driver that is driving in the lane has the right of way, while the driver that is pulling out of their spot does not. If a car pulls out of their spot aggressively and gets into an accident with a car driving through a lane, the car pulling out will likely be found liable.

Pulling out Simultaneously

Sometimes two cars will be pulling out of their spots at the same time. In this case, the driver who starts first has the right of way and the driver who pulls out second will likely be found liable. Who went first can be a tough thing to assess, though, so this situation may yield both drivers being assigned equal fault.

Reckless Driving

Another way to assign negligence is if a driver is reckless and aggressive. This is often the case when a driver is driving too fast, fighting other drivers for spots, driving in the middle of the lane instead of their side, or driving distracted.

Pedestrians

While an accident between two cars often does not often yield serious injuries, when there is a pedestrian involved, the stakes are raised. This situation can lead to severe injury for the pedestrian and a significant amount of liability for the driver.

Safety Tips

First, make sure you follow general safe driving tips like avoiding distractions, driving below the speed limit, following right of way rules, using your turn signals, making full stops at stop signs, and driving defensively. Next, you can follow some parking lot specific tips like carefully looking around before backing out, listening for pedestrians passing by, and never racing for a spot.

Though they are generally not often fatal, a parking lot accident still costs you in repairs and time wasted. You’ll want to do everything you can to avoid one. When you are in a parking lot, be sure to drive slowly and defensively. If you still end up in an accident, discuss your options with an experienced St. Louis car accident attorney.

Call 24/7 for a FREE Consultation

(314) 361-4242

Filed Under: Blog Tagged With: Car Accident Claims

What to Do After a Multi-Vehicle Car Accident

July 12, 2018 by Christopher

multi vehicle crash

A car accident is a stressful enough situation. If you’ve ever been in a fender-bender or a single-car accident, you know that to be the truth. But what about serious car accidents that involve 2, 3, or even more cars, such as a pile-up on the highway?

It’s hard to know what to do to stay safe in these situations, so we’ve put together these tips to help you deal with even the most difficult multi-car accidents.

1. Don’t Move Your Car After The Accident (And Don’t Get Out)

While there are some rare exceptions to this rule, the police usually must determine who was at fault and caused a “chain reaction” leading to the accident.

This is the reason that you generally shouldn’t move your car after an accident without police permission unless it is necessary to do so for safety reasons. It is generally best not get out of the car until emergency services personnel like EMTs, the police, or fire department have secured the scene, and informed you that it is safe to do so.

2. Take Photos And Video Of The Scene

Determining fault and liability in a multi-car accident can be nightmarishly complex. Because of this, we recommend taking photos and video of the scene, if possible. If you have a smartphone, take it out and take photos of your car from every angle, and take photos of all other cars involved in the accident, as well as a video of the scene, if possible and safe to do so.

3. Get Insurance Information From All Other Available Parties (And Provide Your Own)

The majority of work determining fault will be done by your respective insurance agencies. Get the insurance information of all other involved parties, so that you will be able to report the incident and the details of the accident.

4. Give a Report to the Police

Once the police arrive, give them a report of the accident, and be honest and truthful about the circumstances surrounding the incident. However, you do not have to admit fault.

They should give you information about how to get a police report when it is finalized.

5. Contact a Car Accident Lawyer

You must report your accident to your insurance adjuster as soon as you can. Doing so will help speed up the process, particularly if multiple insurance companies are involved. Additionally, you should speak with an experienced car accident attorney ASAP. Despite what you may think, the insurance companies are not looking out for your best interests. Insurance companies are looking to minimize the amount they pay out to injury victims. Speaking with a St. Louis car accident attorney will go a long way in ensuring your legal right to compensation is protected after an accident.

Follow These Tips To Get Through An Accident!

A multiple-car accident can be very stressful, but with these tips, you can stay safe, and ensure that you do everything you can to streamline the process of reporting and filing an insurance claim.

Injured in a Multi-Car Accident?

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Filed Under: Blog Tagged With: Car Accident Claims

Should I Accept a Car Accident Settlement Offer?

June 29, 2018 by Christopher

Once you sign a settlement offer you absolve the insurance company from any liability going forward. Here’s what you should be aware of before accepting a settlement offer.

signing settlement agreement

If you are in an auto accident in Missouri, then the at-fault driver or their insurance company is responsible for paying for any resulting damages and injuries. The problem is that although an insurance policy is meant to ensure that someone is compensated wholly, that is not the insurance company’s number one priority.

A settlement is an offer that an insurance company will make to those who are injured in an accident to stop the case from escalating to trial.

It is an amount that is meant, not to make sure that the victim is compensated to the fullest, but to limit the insurance company’s losses by offering the least amount possible.

If you are offered a lowball settlement price, and you think that taking it would be settling for less than you are entitled to, you are probably right.

Do You Know How to Calculate Non-Economic and Economic Losses?

Unless you are an expert in car accident injury law, you may not understand how to calculate both non-economic and economic injuries. Economic injuries might be easier to figure out. They are a combination of all the medical treatment and lost revenue you have due to your injuries. Non-economic damages are different. They are not concrete like economic damages.

How to Calculate Non-Economic Damages

To figure out how much your injury is worth, you have to know how to use either the multiplier method or the per diem method of calculation. If you don’t calculate your injury correctly, you will not know how much they are worth and you could end up not getting all that you deserve.

To ensure that you get all that you are entitled to for your car accident injuries, it is an excellent idea to speak with a St. Louis car accident attorney. Using your medical bills and other documents, your attorney can come to a quantitative amount of what your experience related to the accident is.

Since non-economic damages are not concrete and include pain and suffering and emotional distress, there is going to be a lot of wiggle room between what the insurance company thinks your anguish is worth and what a St. Louis car accident lawyer defending you thinks it is worth.

If an insurance company offers you a settlement, and although you don’t feel it is enough, you are tempted to take it, don’t. Having a lawyer look over your claim is the best way to ensure you are getting the full amount you deserve.

Once more, if you do sign it, then you absolve the insurance company from any liability going forward.

To make sure that your legal interests are protected right from the start of your claim, call us 24/7 at (314) 361-4242 for a FREE case evaluation.

Filed Under: Blog Tagged With: Car Accident Claims

Car Insurance Claim Denied – What Next?

June 13, 2018 by Christopher

Insurance companies work hard to limit their liability. It is important to speak with a car accident lawyer to understand what you are entitled to.

insurance claim denied

When you are in a car accident in the state of Missouri, who is at-fault is determined, and then that person’s insurance company is generally responsible for paying for both the injuries of the at-fault driver and any property damage.

It might be the case that both, or even multiple drivers, are at-fault due to comparative negligence. If more than one driver is at fault, then the insurance company is responsible for paying for their “portion” or percentage of negligence according to the law.

If you filed a claim for personal injury through your insurance company and you are being denied coverage, there are times when it will “stick” and others when the insurance company is just looking for a way out of their obligation.

Knowing the difference, and defending yourself against being turned away when you shouldn’t, is critical to getting the compensation that you deserve.

Why Would an Insurance Company Deny a Claim?

You pay your premium and expect that an insurance company’s job is to ensure that you are adequately compensated when you are in an accident, but that might not always be the case. A car insurance company is in the business as a business.

That means that their goal is to be profitable. They do that by trying to limit their liability any way that they can. That gives them an incentive to deny claims that are real and justified, to make people jump through hoops and hopefully give up.

It also means that an insurance company will almost always low ball how much they give you. Whether it is assessing your car repairs at a lower cost than is realistic or trying to limit your non-economic damages, they will work hard to pay you as less as possible, not to compensate you wholly.

Valid Reasons Why They Can Deny Your Claim

Not all denials are based on unethical practices. There are valid reasons that your claim might be denied, the most common being:

  • Your insurance was expired when you were in the accident.
  • There isn’t enough evidence to prove that you were at-fault in the crash.
  • The accident happened in a location where your policy does not cover you.
  • You don’t have the proper documentation to determine that you were injured at all, or your injuries were pre-existing, and not a result of the accident.

Your insurance company is required to pay for a car accident where you were at-fault, period. If you are being denied coverage, it is crucial that you speak with a St. Louis car accident attorney as soon as possible.

Even if the insurance company is trying to minimize your compensation, your St. Louis car accident lawyer will fight hard to ensure that they live up to their end of the deal and only pay the amount to which they are obligated. If you don’t fight, you won’t win.

FREE Consultation

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Filed Under: Blog Tagged With: Car Accident Claims, 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.