Negligent drivers cause car accidents by engaging in dangerous behaviors such as speeding, texting, running red lights, or driving under the influence. These careless actions put everyone on the road at risk, often resulting in severe injuries and property damage. After an accident, insurance companies typically offer a low initial settlement, hoping victims will accept without understanding the true value of their claim. This first offer rarely covers all medical expenses, lost income, and other damages.
A knowledgeable St. Louis car accident lawyer can make a significant difference in the outcome of your case. They understand the tactics insurance adjusters use and will aggressively negotiate on your behalf. By gathering evidence, calculating your full damages, and standing firm in negotiations, they can secure the fair compensation you deserve.
Most Common Types of Car Accidents and Injuries
Negligent drivers are one of the leading causes of car accidents, contributing to thousands of crashes each year. Negligence often arises from distractions, recklessness, or failure to follow traffic laws. The most common types of car accidents resulting from negligent drivers include rear-end collisions, T-bone crashes, sideswipes, head-on collisions, and single-vehicle accidents. Each type of crash can result in significant injuries for drivers, passengers, and even pedestrians.
Rear-end collisions occur when a driver fails to stop in time and crashes into the vehicle in front. These accidents often result from tailgating, distracted driving, or speeding. Common injuries in rear-end collisions include whiplash, back injuries, and concussions. Whiplash, caused by the sudden movement of the head and neck, is particularly common and can lead to chronic pain if left untreated.
T-bone accidents, also known as side-impact collisions, happen when one car strikes the side of another, often at intersections. These crashes are typically the result of running red lights, failing to yield, or distracted driving. Injuries from T-bone collisions can be severe, especially for occupants on the impacted side. Common injuries include broken ribs, head trauma, and internal injuries.
Sideswipe accidents occur when two vehicles traveling parallel to each other collide. Negligent lane changes, distracted driving, or failing to check blind spots are frequent causes. While sideswipe crashes can sometimes result in minor damage, they can also cause drivers to lose control, leading to rollovers or secondary collisions. Injuries can range from bruises to serious spinal injuries.
Head-on collisions are among the most dangerous types of car crashes. These accidents often result from drunk driving, distracted driving, or driving the wrong way on a roadway. The impact forces in head-on collisions are extreme, leading to life-threatening injuries such as traumatic brain injuries, broken bones, and internal organ damage.
Finally, single-vehicle accidents can occur when a negligent driver loses control of their car, often due to speeding, texting while driving, or driving under the influence. These crashes can result in rollovers or hitting stationary objects like poles or trees, injuring vehicle passengers. Common injuries include lacerations, fractures, and spinal cord damage.
Why are First-time Car Accident Settlement Offers So Low?
Receiving a low first settlement offer after a car crash can be frustrating, especially when you are dealing with medical bills, lost earnings, and emotional stress. Insurance companies are known for making initial offers that are much lower than what a claim is actually worth. This tactic is deliberate, as their goal is to save money for the company. Understanding why these offers are so low and how a skilled car accident attorney can negotiate for you is essential.
Insurance companies often start with low settlement offers to see if the claimant will accept quickly without questioning the amount. Many people are unfamiliar with the claims process and may not realize the true value of their case. Additionally, some individuals may feel pressured to accept the first offer due to financial hardship or a lack of knowledge about their rights. Insurance adjusters also rely on complex calculations and formulas that often underestimate the severity of injuries, long-term medical costs, and the emotional toll of the accident.
Another reason for low initial offers is the insurance company’s assumption that the injured party does not have legal representation. Without an attorney, victims may find it challenging to gather evidence, calculate damages, or argue for a higher amount. Adjusters use this to their advantage, often offering settlements far below what the injured person deserves.
This is where a skilled car accident attorney becomes invaluable. Attorneys understand the tactics of insurance company adjusters and know how to counteract their strategies. A qualified attorney will thoroughly review your case and gather medical records, police reports, and witness statements. They can then calculate the full extent of your damages, including medical bills, lost income, pain and suffering, and future expenses.
An experienced attorney can also handle all communications with the insurance company, ensuring that your rights are protected throughout the process. They will negotiate aggressively, using evidence and legal skills to argue for a fair settlement that truly reflects your losses. If the insurance company refuses to cooperate, your attorney can take the case to court, which often motivates insurers to increase their offer to avoid the risk of a trial.
The first settlement offer is often low because insurance companies prioritize profit over fairness. However, with the help of a skilled car accident attorney, you can level the playing field and ensure that you receive the compensation you deserve for your injuries and damages.
Proving the Legal Elements of a Car Crash Claim or Lawsuit
Successfully proving the legal elements of a car accident claim or lawsuit is essential to receiving fair compensation for your injuries and damages. Whether you are negotiating with an insurance company or presenting your case in court, you must establish four key legal elements: duty of care, breach of duty, causation, and damages.
The first element is a duty of care. All drivers owe a duty of care to others on the road, meaning they must drive responsibly and follow traffic laws to ensure the safety of others. To prove this element, you must show that the other driver had a legal obligation to act in a way that would prevent harm, such as obeying speed limits, stopping at traffic lights, or refraining from distracted driving.
The second element is a breach of duty. A breach occurs when the other driver fails to meet their duty of care by acting negligently or recklessly. Examples include running a red light, texting while driving, or driving under the influence. Evidence is crucial here, and it can include traffic camera footage, eyewitness testimony, police reports, or even expert analysis to show how the other driver’s actions violated their duty of care.
The third element is causation, which means proving that the other driver’s breach of duty directly caused your injuries or damages. For example, if the other driver was speeding and rear-ended your car, their negligence must be shown as the direct cause of the accident and your resulting injuries. Medical records, accident reconstruction reports, and witness statements can all help establish this connection.
The final element is damages, which refer to the physical, financial, and emotional losses you suffered as a result of the accident. To prove damages, you must provide documentation such as medical bills, repair estimates for your vehicle, pay stubs to show lost income, and even a journal detailing the emotional effects of the accident, like pain and suffering.
Proving these four elements requires gathering strong evidence, presenting a clear and logical argument, and following legal procedures. A skilled car accident attorney can ensure that you have the guidance and resources necessary to meet these requirements, giving you the best chance of securing fair compensation for your losses.
Steps of Litigating a Car Accident Case
If the insurance company’s initial settlement offers are low, litigation may be an option in your case. Litigating a car accident case involves a series of important steps, each requiring attention to detail and legal knowledge. While the process can seem overwhelming, a skilled car accident attorney will handle every step to ensure your case is as strong as possible and your rights are protected.
The first step in the litigation process is investigating the accident. Your attorney will gather evidence such as police reports, medical records, witness statements, and photos of the accident scene and vehicle damage. This information is crucial to building your case and proving fault.
Next is the filing of a complaint. If a fair settlement cannot be reached with the insurance company, your attorney will file a formal lawsuit in court. The complaint outlines your legal claims, the damages you’re seeking, and the evidence that supports your case. This step officially starts the litigation process.
After filing, the case moves into the discovery phase. During this stage, both sides exchange information about the case. Your attorney will request documents from the opposing side, depose witnesses, and gather expert testimony if needed. Discovery allows your attorney to strengthen your argument by uncovering evidence that supports your claims.
Once discovery is complete, the case may proceed to additional settlement negotiations or mediation. Many cases are resolved before going to trial. Your attorney will represent you during negotiations, using the evidence collected to argue for a fair settlement. If mediation is unsuccessful, the case will proceed to trial.
If the case goes to trial, your attorney will present your case before a judge or jury. They will deliver opening statements, question witnesses, introduce evidence, and make closing arguments. A skilled attorney will use their legal knowledge and courtroom experience to advocate for you and seek maximum compensation.
Finally, if the court rules in your favor or a settlement is reached, your attorney will handle the collection of compensation. This may include negotiating liens from medical providers and ensuring that you receive the full amount owed to you.
Throughout the entire process, a skilled car accident attorney will manage the legal complexities so you can focus on recovering. From filing paperwork to representing you in court, they ensure that your case is handled professionally, giving you the best chance for a successful outcome.
Recoverable Compensation for Car Crash Injuries
If you’ve suffered an injury in a car accident, you may be entitled to monetary compensation, also known as damages, for the losses you’ve suffered. The amount of compensation you can receive depends on the severity of your injuries and how the accident has affected your life. There are several types of damages you can claim, including economic, non-economic, and, in some cases, punitive damages.
Economic damages cover financial losses directly related to the accident. One of the most significant categories of economic damage is medical expenses. These include costs for hospital stays, surgeries, physical therapy, medication, and any future medical care you may require. If your injuries keep you from working, you can also claim lost income for the income you missed. Additionally, if your injuries affect your ability to work in the long term, you may be compensated for lost earning capacity, which accounts for the income you would have earned if the car accident had not occurred. Economic damages also include property damage, such as the cost of repairing or replacing your vehicle, as well as other out-of-pocket expenses like transportation to and from medical appointments.
Non-economic damages compensate you for losses that are harder to quantify but just as impactful. These include pain and suffering, which accounts for the physical pain and discomfort resulting from your injuries. You may also claim damages for emotional distress, such as anxiety, depression, or post-traumatic stress disorder (PTSD) that resulted from the car accident. If your injuries have significantly reduced your quality of life – such as limiting your ability to enjoy hobbies, travel, or spend time with loved ones – you may also be entitled to damages for loss of enjoyment of life. Additionally, if your injuries have negatively affected your relationships with your spouse or family, they can claim loss of consortium, which compensates for the effects on companionship and intimacy.
In rare cases, you may also be awarded punitive damages. These are meant to punish the at-fault driver for particularly reckless or malicious behavior, such as drunk driving, and to prevent similar conduct in the future.
A skilled car accident lawyer can evaluate your case and ensure that you pursue all of the damages you’re entitled to receive.
Speak with an Experienced Car Accident Lawyer Today
Upon suffering injuries in a recent car crash, a knowledgeable car accident attorney in St. Louis can handle the steps of your claim or lawsuit for you. They will aggressively negotiate with insurance company representatives on your behalf and pursue the maximum amount of compensation available in your case.
RSS Feed