If you’ve suffered a car accident and you need to file a claim, don’t delay! The statute of limitations for filing a car accident claim begins the day of the accident. Call or text Tom Wilmowski at 314-860-1644 or reach out through our online contact form, and we’ll begin filing your claim today!
Statistically speaking, if you’re an American driver over the age of 35, there’s almost a 100% chance that you’ve been involved in some sort of car accident at some point in your lifetime. However, the common frequency of car accidents doesn’t imply that drivers should accept the consequences without recourse, especially if they’ve been injured in a collision that wasn’t their fault. Car crashes can have significant physical, emotional, and financial repercussions for those involved. Injuries sustained in accidents can range from minor bruises to severe disabilities or even fatalities.
The good news for motorists is that while you risk the danger of being hit by a car every time you step into a vehicle, legal recourse exists to ensure that you receive the necessary support and compensation to aid in your recovery and mitigate the impact of the accident on your life. If you find yourself injured in a car accident, it’s essential to understand your rights and options for seeking compensation. Depending on the circumstances of your accident, you may be entitled to various forms of compensation, including coverage for medical expenses, lost wages, pain and suffering, and property damage.
If you’re looking for an auto accident attorney who can provide you with the support and resources needed to seek a fair settlement in a car accident case, call or text Tom Wilmowski at 314-860-1644 or reach out through our online contact form for a free case evaluation. Our qualified and experienced legal team has achieved millions of dollars in compensation for motorists and has been serving Missouri and Illinois for over 15 years.
Types of Car Accidents
Before outlining the steps to filing a personal injury suit in a car accident liability case, it’s important to understand the types of car accidents and how they can occur. Below are a few of the most common types of car accident cases we provide legal representation for.
Rear-End Collision
Rear-end collisions occur when one vehicle crashes into the rear of another vehicle, often resulting from sudden stops, distracted driving, or tailgating. These accidents frequently happen at intersections, in heavy traffic, or during adverse weather conditions. Rear-end collisions can lead to whiplash injuries, neck and back pain, and damage to vehicles involved. In many cases, the driver of the rear vehicle is considered at fault for failing to maintain a safe following distance or to react in time to avoid the collision. However, there are instances where the lead driver may contribute to the accident by suddenly stopping without warning or without functioning brake lights.
Side-Impact Collision
Side-impact collisions, also known as T-bone accidents, occur when the front of one vehicle crashes into the side of another vehicle, forming a “T” shape. These accidents often happen at intersections when one driver fails to yield the right of way or disregards traffic signals. Side-impact collisions can result in severe injuries, particularly to occupants on the impacted side of the vehicle.
Pileups
Multi-vehicle pileups involve three or more vehicles and often occur on highways or in adverse weather conditions where visibility is reduced, such as fog or heavy rain. These accidents typically result from chain reactions, where one initial collision triggers subsequent crashes involving multiple vehicles. Pileups can cause significant damage to vehicles and result in serious injuries or fatalities, especially at high speeds. Factors such as driver distraction, tailgating, and poor road conditions contribute to the likelihood and severity of pileup accidents.
Side-Swipe
Side-swipe accidents occur when the sides of two parallel vehicles make contact with each other, often while changing lanes or merging. These accidents can result from driver negligence, such as failing to check blind spots or misjudging distances. Side-swipe collisions may lead to minor damage or escalate into more serious accidents if drivers lose control of their vehicles or collide with other objects on the road. Proper signaling, maintaining a safe distance, and staying alert to surrounding traffic can help prevent side-swipe accidents and promote safe lane changes.
Single-Car Accidents
There doesn’t necessarily need to be two cars in a car accident personal injury suit, but there does need to be two parties. You may ask, how can there be an additional party responsible for a single-car accident? Our firm has seen these cases pop up in situations where a driver crashes due to an unsafe road condition. There are many ways this can happen but most commonly, single-car accidents happen when another driver or pedestrian impedes the right of way, either through cutting off the driver, blocking passage, or distracting the driver through other means. Road maintenance companies may also be found liable in single-car accidents when the roads are proven unsafe for passage.
Causes of Car Accidents
Now that we’ve gone over the various types of car accidents seen on St. Louis highways, let’s take a look at the reasons why these accidents occur. In the preceding scenarios, we will be able to draw conclusions on who the at-fault driver is and begin to build a case for pursuing damages.
Driving Under The Influence
As most motorists are well aware, DUI and DWI are among the highest causes of motor vehicle accidents and driving fatalities in the US. driving under the influence entails operating a vehicle while impaired by alcohol or drugs. Alcohol and certain substances impair judgment, coordination, and reaction time, making it dangerous for individuals to drive. DUI-related accidents can result in severe injuries, fatalities, and legal consequences for the impaired driver. Strict enforcement of DUI laws, public education, and the promotion of alternative transportation options aim to reduce the incidence of DUI-related accidents.
Distracted Driving
Distracted driving has been a major cause of car accidents since the mainstream use of cell phones began in the early 2000s. Distracted driving occurs when a driver diverts their attention away from the road due to various activities such as texting, talking on the phone, eating, or adjusting the radio. These distractions significantly impair a driver’s ability to react promptly to changes in traffic conditions, increasing the risk of accidents. Despite widespread awareness campaigns and laws prohibiting certain forms of distracted driving, this remains a prevalent cause of car accidents worldwide.
Speeding
When motorists go over speed limits, their risk of hitting other drivers or pedestrians is severely increased. Speeding reduces the driver’s ability to react to hazards, increases stopping distances, and amplifies the severity of accidents. Despite the risks associated with speeding, many drivers continue to disregard speed limits, contributing to a significant portion of traffic accidents and fatalities. Law enforcement efforts, speed limit enforcement technologies, and public awareness campaigns strive to curb speeding behaviors and improve road safety, but unfortunately speeding is still a major cause of car accidents nationwide.
Reckless Or Aggressive Driving
Reckless or aggressive driving involves behaviors such as tailgating, weaving in and out of traffic, excessive speeding, and disregarding traffic signals. These behaviors endanger the lives of both the aggressive driver and other road users by increasing the likelihood of collisions. Aggressive driving escalates tensions on the road and can lead to road rage incidents with severe consequences for the safety and well-being of other drivers. In such cases, the evidence will certainly point to these drivers as liable should an accident occur.
Poor Road Conditions
While less common, poor road conditions such as icy or pothole-ridden streets may be cause for a lawsuit if evidence proves that the governing body or company responsible for maintaining the roads failed to do so and an accident occurred as a result. These cases are much more complicated to prove than a simple rear-end or side-swipe accident, but if the damages are severe enough and there’s clear evidence pointing to liability, it may be worth pursuing compensation.
Inexperienced Drivers
Inexperienced drivers, particularly newly licensed or young drivers, often lack the necessary skills and judgment to navigate various driving situations safely. Inexperience can lead to errors in judgment, failure to anticipate hazards, and difficulty maintaining control of the vehicle. Driver education programs, supervised driving practice, and graduated licensing systems aim to provide novice drivers with the knowledge and skills needed to become safe and responsible drivers, however, these programs don’t always protect other drivers from accidents caused by their inexperience.
Faulty Mechanics
Faulty mechanical components in vehicles, such as brakes, tires, steering systems, and lights, can compromise vehicle safety and contribute to accidents. Manufacturing defects, poor maintenance, and wear and tear can lead to mechanical failures that impair the vehicle’s ability to operate safely. Regular vehicle inspections, maintenance checks, and prompt repairs help prevent accidents caused by faulty mechanics and ensure that vehicles remain in roadworthy condition. Additionally, manufacturers are responsible for addressing design flaws and issuing recalls for defective vehicle components to mitigate the risk of accidents related to mechanical failures.
Common Injuries Associated with Car Accidents
If you’re a victim of a car accident caused by the irresponsible driving of another motorist, the damage to your vehicle alone will likely be enough cause for a lawsuit. However, if you’ve also sustained injuries, this is even more reason to seek damages. Below is a list of injuries that you may be experiencing if you’ve been involved in a serious car accident.
- Whiplash: Whiplash is one of the most common injuries in car accidents and is caused by the sudden back-and-forth motion of the head and neck during a collision. It can result in neck pain, stiffness, headaches, and limited range of motion.
- Soft Tissue Injuries: Soft tissue injuries, such as sprains, strains, and bruises, can occur due to the forceful impact of a car accident. These injuries often affect muscles, tendons, and ligaments and can lead to pain, swelling, and limited mobility.
- Broken Bones: Fractures and broken bones frequently occur in car accidents, particularly in the arms, legs, ribs, and pelvis. The severity of fractures can range from minor hairline fractures to more severe compound fractures requiring surgical intervention.
- Head Injuries: Car accidents can cause various head injuries, including concussions, traumatic brain injuries (TBIs), and skull fractures. Head injuries can have long-term consequences, including cognitive impairment, memory loss, and changes in behavior and mood.
- Chest Injuries: Chest injuries, such as contusions, broken ribs, and internal organ damage, can result from the impact of seat belts, airbags, or collisions with the steering wheel or dashboard. These injuries can lead to breathing difficulties, chest pain, and internal bleeding.
- Spinal Cord Injuries: Severe car accidents can cause spinal cord injuries, which may result in paralysis, loss of sensation, and impaired motor function. Spinal cord injuries can have profound and life-altering effects on a person’s mobility and quality of life.
- Internal Injuries: Internal injuries, such as internal bleeding, organ damage, and abdominal trauma, may not be immediately apparent following a car accident but can be life-threatening if left untreated. Prompt medical evaluation is crucial to identify and address internal injuries.
- Psychological Trauma: Car accidents can also lead to psychological trauma, including post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to driving or being in vehicles. Psychological support and counseling may be necessary to help individuals cope with the emotional impact of a car accident.
- Burns: In accidents involving fire or explosions, occupants of vehicles may sustain burns of varying degrees of severity. Burn injuries can cause excruciating pain, scarring, and long-term physical and psychological consequences.
- Amputations: In severe car accidents with significant trauma, individuals may suffer traumatic amputations of limbs or extremities. Amputations can result in permanent disability and require extensive rehabilitation and prosthetic care.
Unfortunately, fatalities and comas caused by serious car accidents are far from uncommon. If you’re the surviving loved one of an individual killed in a car crash or have assumed the responsibility of caring for a family member who’s in a coma due to a car crash, you are also eligible to seek damages from the liable parties. If you need help getting started, call or text Tom Wilmowski at 314-860-1644 or reach out through our online contact form for a free consultation.
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A former insurance defense lawyer, personal injury attorney Tom Wilmowski prides himself on using his inside knowledge of the insurance industry to obtain maximum value — and often more — for his clients.
What to Do After a Car Accident
Before deciding whether or not you can or should seek damages in a car accident, there are several important steps you must follow. If you’ve sustained car accident injuries, the very first and most important thing you should do is seek immediate medical attention, even if it seems like your injuries are minor. If you’re able to do so, check to make sure the other driver is okay and call an ambulance if they are hurt or unresponsive.
If no medical attention is needed, the next step is to call the police. Though communicating with the police can often lead to stressful situations, it’s crucial that a police report is made. This ensures that the car accident scene is documented and a variety of witness reports are written down, including your own. It is also a crime to flee the scene of an accident in Missouri, so unless instructed to do so by an officer or EMT, you must remain at the scene.
Once a police report has been made, and you’ve exchanged insurance and contact information with the other driver, contact your own insurance company to report the accident. This will protect your rights under your current insurance policy, and they may even be able to help you with certain costs upfront such as a tow truck, repairs on our car, or renting a car for work. You may also need to contact the Department of Revenue with a car accident claim if you have accrued over $1,000 in damages to your vehicle.
Follow up your calls to your insurance carrier and the Department of Revenue with a call to your local car accident lawyer, and we will begin the process of filing a personal injury claim on your behalf. This usually starts with car accident scene documentation. Collect as many photographs of the scene as you can including pictures of your car, the other driver’s car, your injuries, and the area where the car accident took place. Our law firm will collect your pictures, your testimony, and the police report along with any other evidence that surfaces throughout the lawsuit filing process.
Seeking Compensation
After all evidence has been collected and the filing process has begun, the process for seeking damages can ensue. This may be as simple as an out-of-court settlement offer, but many times, it involves some sort of mediation. Our firm will start by calculating the amount that you are rightly owed through damages. Here are a few examples of damages that may apply to you:
- Medical Bills: These include medical expenses for treatment, hospitalization, surgery, medication, rehabilitation, and any other healthcare expenses related to the injuries sustained in the accident
- Lost Income: Car accident victims may be compensated for wages lost due to their inability to work as a result of the accident, including past and future lost income.
- Property Damage: This covers the costs of repairing or replacing damaged property, such as the victim’s vehicle or other personal belongings.
- Pain and Suffering: Non-economic damages intended to compensate the victim for physical pain, emotional distress, and suffering caused by the accident and resulting injuries.
- Loss of Consortium: This type of damages compensates the victim’s spouse or family for the loss of companionship, affection, and support resulting from the victim’s injuries.
If you’re the family member of a loved one who has suffered a wrongful death due to a car accident, you have likely acquired a unique set of financial hardships such as funeral expenses and loss of income. Our firm can help you secure compensation for these hardships and more.
Hire a St. Louis Car Accident Attorney
If you’re concerned about the length and energy involved with a personal injury case, you may be relieved to know that an overwhelming majority of car accident claims are settled out of court – approximately 3% go to trial. While a level of hard work will go into collecting evidence and interviewing witnesses, most of this work can be done by a qualified personal injury attorney. If you need help organizing your claim, call or text Tom Wilmowski at 314-860-1644 or reach out through our online contact form for a free case evaluation. Our law firm has been working with Missouri and Illinois clients for over 15 years to receive their fair settlements.
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