Posts Tagged ‘auto accident in Missouri’

An Overview of Auto Accident Cases in Missouri

Friday, January 31st, 2014

Automobile can accidents can be incredibly traumatic and stressful. The immediate aftermath may not only leave you concerned for your own health and safety, but also for others involved in the accident. Although it is much easier said than done under such unexpected and potentially devastating circumstances, it is important to remain clam, stay focused, and if physically possible, respond appropriately. Taking the necessary and proper steps post-accident will enable you to pursue a more successful legal claim and recover damages for any injuries sustained.

Generally, the law of negligence governs legal claims arising from motor vehicle accidents.  Negligence is the failure to exercise of reasonable care under the circumstances. A driver that negligently operates a vehicle may be liable for damages he/she has caused either to a person or property.  The injured party will be required to prove the defendant’s actions were negligent, and the accident caused his/her injuries.

Determining which party is at fault in an auto accident is dependant upon who acted negligently.  Regardless of what is believed to have taken place, it is necessary to make a legal determination of fault, citing any rules violated and/or reckless conduct that may have occurred. An experienced attorney with knowledge of the law will help determine who was at fault for your accident and if you have a claim for damages by reviewing evidence such as police reports, state traffic laws, and speaking with witnesses.  When deciding which party acted negligently and is at fault, courts examine several factors, which include, whether a party disobeyed traffic signals or signs, if a driver posted above or below the speed limit, a driver failed to use a signal while turning, driving under the influence of alcohol or drugs, and/or disregarded weather or traffic conditions, to name a few.

Most attorneys view auto accident cases as simple litigation, and an opportunity to collect a recovery quickly. However, cases that involve serious injuries or death can be much more complicated and take longer to recover damages.  Insurance coverage reaches its limits, and cases immediately become complex. Under such circumstances, although recovery many not be maximized, many attorneys often recommend their client accept a settlement.

The following are several basic tips to remember should you find yourself in the unfortunate circumstances of an auto accident:

  • Remain claim and stay at the scene. If possible, call the police, or ask if find a bystander or witness can call.
  • If you are unharmed and qualified, try to render first aid to others involved. It is very important to note that should not move any injured persons unless their life is in immediate danger.
  • If traffic permits, keep vehicles in their original positions from the aftermath of the accident. Try and move as little as possible from the scene.
  • If you are injured and immobile, stay in your car. If you are injured at all, seek medical attention at the scene.
  • Do not speak with anyone at the scene or admit responsibility, unless you are seeking help or relaying the events to a police officer.
  • Try and gather as much information as you can about the accident while you are at the scene.  Be sure to take notes about traffic, weather conditions, photos, etc. Most importantly, make sure to get all names, addresses and phone numbers of every party involved, as well as license plate numbers and insurance information of all drivers.

Generally, either a police officer or crash unit will investigate an auto accident. The police officer will interview all parties involved and take statements from witnesses at the scene.  Once the investigation has been completed, the police officer will issue a formal report on the accident, and if relevant, criminal charges pursued.

If you are involved in an auto accident in Missouri and have questions about pursuing a personal injury claim, contact The Law Offices of Hubbard & Kurtz, L.L.P. now at (816) 472-HOPE (4673). Our Missouri personal injury attorneys may be able to help to ensure your claim is handled successfully!

7 Steps to Take After an Auto Accident

Thursday, October 24th, 2013

Automobile accidents can have disastrous consequences for an individual if they sustain serious injuries. Often times, an injured party will suffer huge financial burdens, being unable to work and/or having amassed large medical bills, which they cannot afford to pay.  Most importantly, serious injuries resulting from auto accidents can cause physical severe pain and discomfort, emotional trauma, and negatively impact a victim’s overall livelihood.  Regardless of the extent of injuries suffered, it is important for motorists to protect themselves and be aware of the necessary steps to take if they are involved in an auto accident.  Furthermore, by following the steps outlined below, there is a greater likelihood, as an auto accident victim, you will be in a better position to negotiate a more favorable settlement with an insurance company.

1. Contact information of witnesses. It is extremely important to immediately obtain the contact information—name, number, address, and email–of any individuals that witnessed the accident. These individuals may be able to appear in court on your behalf, even as neutral witnesses, who would otherwise have nothing to gain or lose at trial.

2. Document the accident scene. If possible, make sure to take pictures of the accident scene immediately after the accident. Your claim will be far more convincing at trial and you will likely be able to better negotiate with an insurance company if attempting to settle out of court.  More specifically, try and get evidence of the damage to all the cars involved, all street signs, street lights, and street divider lines in the vicinity accident scene, any apparent physical injuries that you may have suffered, any damage to the interior of the vehicles involved, and anything else you think may be relevant to the outcome or success of your case.

3. Post-accident medical exam. It is imperative you visit a doctor and receive a medical examination promptly following an auto accident. All too commonly, individuals involved in accidents disregard a trip to the emergency room immediately after an accident. Pain arising from a serious auto accident can not only manifest after the fact, but it can also worsen or persist in the weeks and months following an accident if not aware of and treated properly from the beginning. One other thing to consider is if you fail to visit a doctor shortly after an auto accident, the likelihood of obtaining a favorable settlement may be greatly diminished. If you are pursuing a claim for a “personal injury” but have little or no medical evidence establishing that you were in fact injured as a result of the accident at tissue, then your chances of success with obtaining a settlement or jury verdict will be greatly reduced.

4. Statements to an insurance company. It is advisable to not make any statements to an insurance company after an accident. This recorded statement may be used against you in the future. Insurance company adjusters are trained to ask questions to try and show or prove that the victim was the cause of the accident. Due to the fact that many accident victims have little or no training on how to handle an accident claim, they are usually at a disadvantage and unprepared to give an appropriate recorded statement.

5. Exchanging Information. It is extremely important to exchange relevant personal information with the other driver after an accident occurs. This primarily includes, their name, address, phone number(s), insurance company/policy number, driver’s license number, make and model of vehicle, vehicle registration, and license plate number.  In the event that you do not acquire this information at the scene of the accident, you and/or your attorney will have to expend time, money and resources in an attempt to locate it. If for some reason, you are unable to obtain this information, you may not be successful in receiving compensation for your injuries.

6. Filing an accident report. Filing an accident report will help establish that an auto accident actually occurred at a given time and location. Additionally, law enforcement officials provide relevant facts and details regarding the accident in their report.

7. Release Waivers. Consult a personal injury attorney before signing a release or waiver. DO NOT sign anything beforehand. Doing so, prior to discovering the full extent of your losses and legal rights, may result in substantially less compensation than you are entitled to.

For more information on how to pursue legal action if you or a loved one has been involved in an auto accident in Missouri, call Hubbard & Kurtz, LLP now at (816) 472-HOPE (4673).  Our staff of Missouri auto accident attorneys has the experience and knowledge required to deliver results you deserve with your personal injury claim!