Were you recently injured in a St. Louis car accident? You may wonder about filing a claim and how long you have from the accident date. Below is everything you need to know about St. Louis car accident claims. Talk to a St. Louis car accident lawyer for more specific information.
Where Do Most Auto Accidents Happen In St. Louis?
Time Magazine analyzed a decade of traffic crash data to pinpoint every state’s most dangerous roads and intersections. The most hazardous intersection in Missouri was found in St. Louis. Time reported that the intersection with the most accidents in the state was North Grand Boulevard. and Montgomery Street.
Other sources have pinpointed the following streets and intersections as accident hotspots:
- Grand Blvd. and the exit from I-64
- I-44 and Jefferson Ave.
- I-70 and Salisbury St.
- I-64 and Kingshighway Blvd.
- I-70 and Grand Ave.
- I-55 and Park Ave.
- I-44 and Hampton Ave.
Each of these intersections has dozens of auto accidents annually. Always call for medical assistance after any serious accident. Second, have your case reviewed by an experienced car accident attorney in St. Louis.
Why Do St. Louis Car Crashes Happen?
Car crashes in St. Louis happen for the same reasons as anywhere. Usually, the problem is human error:
Speeding
The State Highway Patrol states that 1,350 car accidents in the city were related to speeding last year. According to the NHTSA, speeding is a factor in about ¼ of all national auto accidents. Speeding is always dangerous and can cause severe and fatal accidents. The police officer will examine the scene and crash evidence to look for signs that speeding was a factor.
Driver Distraction
Driver distraction is another huge problem in St. Louis car accidents. Distraction may divert the driver’s attention or take their hands from the wheel. Cell phones cause many driver distractions. Your auto accident attorney in Missouri will review the driver’s cell phone records. This information will determine if the driver was using their phone at the time of the accident.
Drunk And Drugged Driving
The CDC states that drunk and drugged driving are factors in 30 percent of auto accidents nationally. About 7,000 auto accidents happen yearly in Missouri because of driving impaired. Note if the at-fault driver acts drugged or drunk at the crash scene and report it to the police and your attorney.
Fatigue
Drivers may need to be on the road longer as they commute to work or engage in regular activities. Some drivers may feel fatigued and fall asleep behind the wheel. Look for signs that the driver who hit you was fatigued after the accident, such as red and sleepy eyes.
Reckless Driving
Other St. Louis crashes happen because of reckless driving, such as tailgating, sudden lane changes, and not signaling. Report any reckless driving you think contributed to the car accident.
The most common types of car accidents in St. Louis are rear-end crashes, head-on collisions, T-bone crashes, and sideswipe accidents. Rear-end accidents are most frequent and are usually caused by tailgating or driver distraction.
Who Is Liable For A St. Louis Car Accident?
This is a fault state. In Missouri, the driver who caused the crash in the intersection is liable for the injured person’s damages. You or your auto accident attorney typically file a claim with the liable party’s auto insurance provider. Your attorney may file a personal injury lawsuit if a settlement is not reached.
Evidence that an auto accident attorney may use to prove fault are:
- Police reports, which may cite the other driver for a traffic violation.
- Collision videos from nearby businesses or traffic cameras.
- Witness testimony.
- Driver testimony.
- Expert witness testimony, such as accident reconstruction experts.
- Cell phone records if distracted driving is suspected.
- Data taken from the vehicles’ data recorders, if available.
- Insurance app data that tracks driver performance, if available.
- Physical evidence, including tire marks and vehicle damages.
You must prove that another party violated the duty of care and injured you. This means you need to show that the other party was negligent as follows:
- The other driver owed you a duty of care, such as obeying the law and driving safely.
- The other driver breached the duty of care by, for example, running a traffic light.
- The breach of the duty of care caused the accident that injured you.
- You have damages from the crash, such as lost earnings and medical expenses.
Proving fault in a serious car accident claim isn’t always as simple as it appears. The liable insurance company may question the claim and liability. That’s why you should retain a car accident attorney in Missouri to assist.
Missouri Personal Injury Claims And The Statute Of Limitations
Every state has a time limit to file a car accident claim. The statute of limitations in Missouri is more generous than in many states. You have five years from the date of the incident to file your claim. Obtaining compensation for your losses is impossible if you wait beyond five years.
While you have five years to file a lawsuit, hiring a car accident attorney is recommended immediately after a serious auto accident in Missouri. The sooner your claim is investigated and filed, the more likely you will receive compensation. Personal injury lawsuits are complex and involve many people, entities, and substantial evidence. Waiting to file a claim for years can lead to evidence disappearing, witnesses leaving the state, forgetting the accident, etc.
Hiring a Missouri car accident attorney promptly ensures the best chance to receive ample compensation for medical bills, lost earnings, property damages, and pain and suffering.
Many examples exist of people waiting too long to file a Missouri car accident claim. Critical evidence, such as the damaged vehicles, may be gone, and witnesses may have passed away. So, talk to a car accident attorney promptly.
If you lost a loved one in a Missouri accident, however, you have only three years from the date of the death. Talk to a wrongful death attorney in St. Louis promptly if your loved one was killed in an auto accident through no fault of their own.
What Can You Receive In A St. Louis Auto Accident Claim?
If another party injures you in a St. Louis accident, you can receive compensation for many types of damages:
Medical Costs
The cost can be exorbitant to recover after a serious car accident. You may receive compensation for current and future medical care, including:
- Surgery and hospitalization
- Doctor visits
- Prescription drugs
- ER and ambulatory services
- Rehabilitation
- Mental health services
A St. Louis car accident attorney is critical in accurately estimating your future medical expenses. Your attorney will contact your medical care team to understand your prognosis and future care needs. A serious injury, such as brain trauma, can require years of care and rehabilitation. This expense can be in the millions of dollars, so you must be adequately compensated.
Lost Earnings
If you have been out of work because of a car accident injury, you should be paid for that lost work time. Also, a permanent injury, such as a damaged spinal cord, can entitle you to lost earning capacity compensation. A car accident lawyer will retain economists and experts to estimate your future lost income.
Pain And Suffering
If your injuries are severe, you may have extensive pain and suffering. Your car accident attorney will speak to your doctors to document your degree of pain and suffering so you can be compensated fairly.
Mental Anguish
Severe injuries, disfigurement, and loss of enjoyment of life can cause extreme mental and emotional anguish. Your attorney will work with your mental healthcare team to understand how the accident injury affects you mentally. You can receive payment for anxiety, depression, PTSD, and insomnia.
Property Damage
Your car accident lawyer will ensure you are paid for the repair or loss of your vehicle.
How Much Can You Get In A Missouri Car Accident Claim?
Being severely injured by another driver can render you unable to work, walk, and enjoy life as you once did. You may have difficulty paying your medical and other bills. Naturally, you want money sooner than later and wonder how much you can get. Several factors influence the amount of a car accident settlement:
Severity Of Injury
People with severe injuries have higher settlement amounts than those with minor injuries. Several broken bones will have higher medical bills than a back sprain. A brain injury will have much higher medical expenses than a brain injury. A severe injury may permanently incapacitate you, which leads to a much higher settlement value.
Lost Income
Your lost income since the accident should be reimbursed in your settlement. Your car accident lawyer in St. Louis will verify your earnings and salary to estimate your rights.
Furthermore, a severe injury, such as to your spine, may render you unable to work and disabled. You may receive compensation for lost earning capacity, your car accident attorney will estimate this. They will review your annual income and how long you would have worked if the accident didn’t happen.
Medical Bills
People with high medical bills from severe injuries will have a higher settlement. For example, being paralyzed in a car accident may involve hundreds of thousands in care in the first year alone. On the other hand, a less severe injury may fully heal after 60 days so that the settlement would be lower.
Pain And Suffering
Imagine losing your arm and leg in a truck crash in St. Louis. The pain during the accident is overwhelming, as is in the days, weeks, and months after. You can have phantom limb pain for months or years, and there can be pain from your treatments and prosthetics.
This suffering has a monetary value that your attorney is well-positioned to estimate. The insurance company may underestimate your suffering, but your car accident attorney will document your pain and suffering by speaking to your doctors.
Insurance Coverage
You can have $1 million in losses in a spinal cord injury from a car crash. However, if the driver has only $50,000 of insurance, you may be unable to collect the full amount. That is why your auto accident attorney will thoroughly investigate the fault and determine every possible insurance policy that can pay you.
Most claims are settled with an auto insurance payment from a regular driver. But if a trucker hits you, the employer may have higher insurance limits.
Your auto accident lawyer in St. Louis will thoroughly investigate your losses to maximize your claim value. Then, they will negotiate with the insurance company for a fair settlement. Your attorney may also threaten a lawsuit to encourage the insurance company to pay adequately.
The St. Louis Car Accident Attorney
Retaining a successful and skilled attorney is vital. A more experienced lawyer is better at investigating crashes and negotiating the largest settlement. The best attorney will also estimate your claim better than someone new to the law.
Settlement Or Verdict
If the claim goes to trial, you may get more money. But it can take months or years longer to resolve. The costs of going to trial are much more. A settlement may be less than the full value, but getting money in your pocket often takes priority.
Don’t Delay! Speak To A Missouri Auto Accident Attorney Today!
You have five years from the date of injury to file your personal injury claim in Missouri. However, you should retain an attorney immediately to investigate your case and file a claim or lawsuit. Your odds of being fairly compensated for serious injuries are higher by acting sooner. Contact a St. Louis personal injury attorney in your community today for more information.
Remember, you do not pay out of your pocket for legal fees. Your St. Louis personal injury attorney is paid a portion of your settlement. No need to worry about how to pay for an attorney when you are out of work and unable to pay your bills.
