Académique Documents
Professionnel Documents
Culture Documents
IN
Victims of an Auto Collision Need to Understand the Protections Available to them Under Missouri Law
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.
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.
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.