Monday, March 18, 2019

St. Louis Road Debris Car Accidents

Driving often presents a lot of risks. A lot of elements on the road could potentially lead to an unfortunate incident, particularly on interstates where you also drive alongside commercial vehicles. While the list is rather long, we're going to talk for now about road debris. It may not seem like much, but this small inconvenience can lead to severe accidents that can leave you heavily injured.

According to an AAA Foundation report, more than 200,000 crashes in the U.S. involve road debris, resulting in roughly 39,000 injuries and more than 500 deaths between 2011 and 2014. If you are injured in an accident involving road debris, you should contact a St. Louis auto accident attorney and consult with them about what your next steps should be.

 Who Is Liable?

 It all depends. In most road debris accidents, the liable party is the driver of the vehicle from which the object or substances fell. However, you’d have to prove driver negligence, such as showing that they did not secure the cargo according to safety standards and therefore acted negligently.

However, it’s possible that the driver is not at fault for the cargo falling. For instance, if they respected protocol and secured the cargo, but it fell anyway, it may be difficult to argue the driver could have predicted the outcome. In these cases, liability can go up the reigns to the company or institution that employs the driver, either a private entity or even a governmental institution.

In either case, it is still the task of the victim to prove negligence. You and your St. Louis car accident lawyer will have to prove that the driver’s employer breached their duty of care and, as a result, it caused the accident and your injuries.

Steps to Take

After receiving initial medical treatment, you may consider filing a claim for compensation, or even opening a lawsuit, particularly if the medical bills start piling up. Because these cases can be very hard to argue, you will certainly benefit from having an experienced attorney in your corner.

Personal injury claims have a rather complex process involving a lot of paperwork, and a lot of back-and-forth between you and the party you’re demanding compensation from. The best way to succeed is to gather sufficient evidence that can clearly show your claim has a basis, and that your request for a settlement is justified. Depending on your case, this evidence file can include:

A good lawyer can help you gather everything you need to make your case, and negotiate the settlement on your behalf. Particularly if you’re dealing with a company or an institution which can afford a team of legal representatives, it’s advised to work with a St. Louis car injury attorney.

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St. Louis, MO
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Wednesday, February 27, 2019

Car Accident At Fault Driver Wrecked Friends Car

To drive a car in Missouri you need to have the mandatory minimum insurance. Liability insurance is the type of insurance that covers someone if they are at fault in an accident. If an individual is in an accident, at-fault liability insurance should cover the damages and injuries of the other driver as well as any injuries they sustain.

What is vicarious liability?

Vicarious liability involves a law that says that if the owner of a vehicle gives another driver access to their car and that driver is in an accident, the responsibility and liability for any damages and injuries rests with the vehicle owner. Therefore, due to vicarious liability, if the owner gives someone their car and they are at-fault in a car accident, the owner is liable for the damages.

Are there exceptions to vicarious liability?

For the owner to be liable for any other driver that borrows their vehicle, the driver must have been given permission to drive the owner’s car. If someone uses the owners car without their explicit permission, then they should be responsible for paying for the car accident, not the driver.

Another exception to vicarious liability is if the person to whom they lent their car was explicitly excluded from their car accident insurance policy. In other words, if their name is not stated in the insurance policy, the insurance company might try to deny them coverage whether they gave them permission or not.

What if someone lies about having permission?

If someone took an owners car and they were in an accident, at fault for that accident, and lied about having permission to drive your vehicle, it might be a matter of their word against the owners. If they notice their car is gone, notifying the proper authorities that it is missing is imperative to cover themselves. If they really didn't let the at fault driver borrow their car, they should have documented it by filing a report with the police.

If you have been in a car accident and the at fault driver was not the owner of the automobile it is important to have an experienced St Louis Accident Lawyer by your side.

Call 24/7 (314) 361-4242 Today.

Tuesday, February 26, 2019

Seriousness of Texting and Driving Resulting in Wrongful Death

In Massachusetts, a court recently convicted a teen of homicide because he was in a fatal car accident that resulted from texting while the teen was behind the wheel. He was then given the maximum sentence for the murder.

Thirty-eight other states and the District of Columbia have made it a crime to text while you are behind the wheel of a car. In Missouri, if you are in a fatal car accident where someone loses their life due to the at-fault driver texting and driving, it is possible for the driver to be charged and convicted of involuntary manslaughter.

Because distracted driving has become such a problem across the United States, texting or using your cell phone while you are driving is illegal. If someone is in a car accident while using a mobile device, they might be charged with a crime.

st louis wrongful death attorney

What is Involuntary Manslaughter?

Involuntary manslaughter, which is also sometimes referred to as criminally negligent manslaughter, is a crime where one person kills another person without the specific intent to do so. If a person is texting while driving and end up in a fatal car accident, even though they didn’t mean to kill anyone, the result is that their actions were to blame for another persons wrongful death. The fact that you drove with recklessness opens you up to the potential of being convicted of involuntary manslaughter.

If they are charged with involuntary manslaughter, it is considered a Class B or a Class C felony according to how the victim died along with other factors related to their death. The penalty for involuntary manslaughter can range from up to seven years and a five thousand dollar fine if it is a Class C felony, and five to fifteen years in prison if it is a Class B felony.

When can the charges be more severe?

If the driver who is responsible for the death of someone else in a car accident has a history of DWI,  killed more than two people in the accident, had a blood alcohol concentration of 0.18% or higher or if the person who was killed was not a passenger, the charges may be escalated as a Class A felony. Being convicted of a Class A felony, can result as many as ten to thirty years in prison.

If the at-fault driver is not charged with involuntary manslaughter in criminal court but, due to texting and driving, are responsible for someone else’s death, it is possible for the deceased family to file a wrongful death suit against them in civil court.

It is illegal to text and drive in the state of Missouri and doing so can lead to serious consequences and even jail time if a driver ends up killing someone.

Call the St. Louis Wrongful Death Attorney Today

Nothing affects a family more than the unexpected death of a father, mother, child or other relative. The void left by this sudden death can seem impossible to fill. If one of your family members was killed in a car accident caused by a negligent driver, you deserve compensation for your emotional and financial losses.

While compensation from a wrongful death lawsuit cannot replace what you have lost, it can provide you with a much-needed sense of justice. Furthermore, this compensation can alleviate some of your family’s financial worries.

Call the 24/7 Attorney Help Line (314) 361-4242.