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AUTO ACCIDENTS

ST. LOUIS MISSOURI

IN

Victims of an Auto Collision Need to Understand the Protections Available to them Under Missouri Law

CAREY, DANIS & LOWE

Auto accidents are one of the top causes of death for all age groups in the United States. Although teenagers have a statistically higher rate of collisions, anyone can be injured or killed in an accident. Unfortunately, many of the accidents that occur are caused by negligence or poor choices made by motorists. Under Missouri Law, a driver who is responsible for causing an auto accident faces legal liability for the damages caused to other motorists; to motorcycle riders; to bicyclists; and to pedestrians. Victims of a collision need to understand the protections available to them under the law. An experienced St. Louis attorney can provide a comprehensive overview of laws related to auto accidents in Missouri and can assist victims of collision in making a claim for damages.

When a driver has violated a safety law, such as a speed limit law, this creates a presumption that the motorist was negligent.

WHO IS RESPONSIBLE FOR AUTO ACCIDENTS?


After an auto accident occurs, it is essential to assess who was responsible for the collision. A law enforcement officer (LEO) should be called to the scene of the crash to prepare an accident report. This report may include information on the likely cause of the accident. Eyewitness testimony of the involved drivers and those who observed the accident can also help to determine the collision cause. Finally, in some cases, it becomes necessary to consult with experts called accident reconstruction specialists who will determine the cause of the collision.

Auto Accidents in St. Louis Missouri

Carey, Danis and Lowe, Attorneys at Law

In the vast majority of accidents, the collision is caused by the behavior of one or more of the drivers involved. Some of the common actions that drivers take that lead to collisions include:

Driving while impaired by drugs or alcohol Driving while fatigued Driving while distracted, especially when texting or talking on a cellular phone Tailgating or following a lead vehicle too closely Speeding or going too fast for current weather and road conditions Failure to yield the right-of-way to others on the road

When a driver has violated a safety law, such as a speed limit law, this creates a presumption that the motorist was negligent. A car accident victim can point to the drivers breach of the law as evidence of negligence in a car accident claim, making it easier to recover compensation. If a driver is careless and does something dangerous but not illegal, the victim of a car crash will need to prove that the motorists actions were unreasonably careless in order to obtain compensation for a car accident.

WHAT ARE THE RIGHTS OF AUTO ACCIDENT VICTIMS


The victim of an auto accident who can prove that the other driver was responsible has the right to be made whole. This means the victim has the right to full and fair compensation for all losses and damages that occurred as a direct result of the collision.

Auto Accidents in St. Louis Missouri

Carey, Danis and Lowe, Attorneys at Law

One type of compensation a victim should receive is payment of all medical bills and treatment costs. Many type of injuries require ongoing medical care even after a car accident claim has been made and paid. An estimate should be reached for the lifetime costs of medical care, in consultation with medical experts. The victim should then be compensated not just for care to-date but also for care that will become necessary in the future. A victim of a collision should also be entitled to compensation for all lost income. Taking vacation or sick days constitutes a loss of income, even if those days are paid days off, and the victim should be compensated for this time. When injuries are serious or permanent, a victim of an auto accident may be permanently unable to work or may have his earning potential reduced. The motorist who was responsible for the auto accident should pay for all earnings lost over the course of a lifetime. Medical bills and lost income are financial damages that can be measured. Crash victims also suffer intangible and immeasurable losses including pain and suffering and emotional distress. Although difficult to measure, a victim should still be compensated for these noneconomic damages. Finally, in the event that an auto accident causes a death, the family members of the victim should be compensated for losses as well. This includes economic loss such as funeral costs; loss of the deceaseds financial support; and medical expenses incurred before death. Non-economic losses such as loss of companionship should also be compensated.

Auto Accidents in St. Louis Missouri

Carey, Danis and Lowe, Attorneys at Law

HOW TO OBTAIN COMPENSATION AFTER AUTO ACCIDENTS


Damages from auto accidents can be obtained in one of two different ways. One option is that victims of a collision may file a personal injury lawsuit, or surviving family members can file a wrongful death claim. The case can then go to court, where the plaintiff will be required to prove the other driver caused the accident because of negligence or because a safety rule was broken. The plaintiff will need to prove the extent of damages and a jury can award compensation. The other option is to settle an accident claim outside of court. An insurance company can offer a set amount of compensation to the victim to cover damages. A victim who accepts this settlement will no longer be permitted to sue. Many auto accident cases settle but the agreement is final and you may not change your mind. Before settling an auto accident claim, it is important to speak with an experienced St. Louis attorney with a long-track record of handling auto accident cases. An auto accident attorney can negotiate with the insurer or pursue the claim in court on the victims behalf.

Auto Accidents in St. Louis Missouri

Carey, Danis and Lowe, Attorneys at Law

About Carey, Danis & Lowe, Attorneys at Law


Carey, Danis & Lowe exclusively represents plaintiffs in litigation. The firm practices a wide area of personal injury law including trucking accidents, medical malpractice, auto accidents, motorcycle accidents, product liability, burn injuries, defective prescription drugs, and defective medical devices. Currently approximately 50% of the practice is devoted to prescription drug litigation, including drugs such as Yaz, Pradaxa, Zoloft, Prozac, Lexapro, Paxil, and defective medical devices including Mirena, Transvaginal Mesh, Depuy ASR Hips, and Nextgen Knees. The remainder of the practice is devoted to trucking accidents, auto accidents, motorcycle accidents, medical malpractice, and other serious personal injuries. The firm is headquartered in St. Louis, Missouri, but practices throughout the nation. We have successfully handled cases from coast to coast. The law firm prides itself on personally handling all cases it takes in, and has the expertise to, if necessary, try the case to a jury no matter how complex or lengthy. The firm has a successful track record in obtaining large jury verdicts for their injured clients as well as substantial settlements. The firm has obtained multi million dollar verdicts and settlements in personal injury cases, including a $105 million jury verdict involving the explosive separation of a multi-piece wheel against Firestone which was the largest verdict in Missouri that year, a $13 million verdict against a hotel where a boxing match was held for not having an ambulance on site, a $4.5 million jury verdict against medical Engineering Corporation for a defective breast implant, a $2 million jury verdict in a medical malpractice case, a $2.1 million settlement involving a trucking accident, a $1.1 million verdict in a motorcycle accident case, a $1,050,000 verdict in a trucking accident case, a $1 million judgment in underinsured motorist case, and many others. The firm has also represented thousands of clients in pharmaceutical and medical device cases and recovered over a billion dollars. Some of the settlements and judgments involve Fen Phen, Baycol, Vioxx, Bextra, Avandia, Paxil, Smith & Nephew Macrotextured Knees, and Depuy ASR metal on metal hips. The firm is dedicated to providing excellent legal representation for people injured by defective products or in a variety of accidents. Carey, Danis & Lowe, Attorneys at Law 8235 Forsyth Blvd, Suite 1100 St. Louis, Missouri 63105 http://www.cdlinjurylaw.com Practice Areas Trucking Accidents / 18-Wheeler Crashes Pharmaceutical Liability Motor Vehicle Accidents Personal Injury Medical Malpractice Defective Medical Devices Commercial Litigation

Auto Accidents in St. Louis Missouri

Carey, Danis and Lowe, Attorneys at Law

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