St. Louis Distracted Driving Accident Attorneys
Distracted driving is a problem on St. Louis roadways. According to the Missouri Department of Transportation, distracted driving was responsible for 9,593 accidents in 2016. That's more than 26 accidents every day.
And those are just the accidents that were reported. The real number is likely much higher.
What Is Distracted Driving?
Distracted driving is usually related to activities like talking on the phone, texting, eating, or changing the car radio or GPS. When a driver is distracted, they are less likely to see potential hazards on the road and more likely to get into an accident.
If you or someone you love was injured in an accident with a distracted driver, the St. Louis car crash attorneys at Niemeyer, Grebel and Kruse can guide you through the process of seeking damages.
Common Causes of Distracted Driving in Missouri
Three types of distractions can occur when someone is driving:
- Manual distractions are things that take the driver's hands off the wheel. This can include things like texting, talking on the phone, eating, or drinking.
- Visual distractions are things that take the driver's eyes off the road. This can include things like looking at your phone, looking at a map or GPS, or looking at another car.
- Cognitive distractions are things that take the driver's attention off the road. This can include things like daydreaming, talking to passengers, or being distracted by something in the car.
As one of the leading causes of distracted driving in St. Louis, cell phone use is a combination of three types of distractions: manual, visual, and cognitive.
This means that when someone uses their cell phone in the car, they are taking their hands off the wheel, their eyes off the road, and their mind off the task at hand. This can lead to disastrous consequences.
Your Rights After a Distracted Driving Accident
After experiencing a car accident caused by distracted driving, it's crucial to understand your legal rights and the potential avenues for compensation. Many victims are unaware of the full extent of their rights, which can lead to missed opportunities for recovery. At NGK Law Firm, we prioritize empowering our clients with knowledge about their legal options.
Here are key points to consider:
- Right to Compensation: If you have been injured due to someone else's negligence, you have the right to seek compensation for medical expenses, lost wages, and pain and suffering.
- Evidence Collection: Gathering evidence, such as police reports, witness statements, and photographs from the accident scene, is crucial in building a strong case.
- Insurance Negotiation: Navigating insurance claims can be complex. Our experienced attorneys can negotiate with insurance companies on your behalf to ensure you receive a fair settlement.
- Legal Representation: Having a knowledgeable attorney by your side can significantly impact the outcome of your case. We are committed to advocating for your rights and ensuring your voice is heard.
We invite you to reach out for a free consultation to discuss your situation. Our dedicated team is here to provide the support and guidance you need during this challenging time.
We can help you obtain the compensation you need to pay medical bills, repair your car, and move on with your life. Call (314) 350-1900 for a free case review.
The Danger of Texting and Driving
Our phones are designed to be enticing and gratifying to use. When you hear your phone chime, a Pavlovian response is set off in your brain. This means that your brain automatically associates the sound of the chime with the satisfaction of getting a new text, direct message, or update.
The sound of the chime can be so tempting that it's hard to resist looking at your phone to see who sent you a message. This is one reason why texting and driving is so dangerous–it's very easy to get distracted by your phone when you're behind the wheel.
Is Texting and Driving Illegal in Missouri?
Yes, texting and driving is illegal in Missouri. A new law, the Siddens Bening Hands-Free Law, went into effect on August 28, 2023, making it illegal for drivers to use a handheld electronic communication device while driving. This includes texting, making calls, and using apps.
While the law is in effect, law enforcement will not issue citations until January 1, 2025. However, it's important to be aware of the law and avoid distractions while driving to ensure your safety and the safety of others on the road.
What Evidence Can Support a Distracted Driving Claim in St. Louis?
Proving distracted driving in St. Louis involves a strategic approach to gathering and presenting convincing evidence.
Here’s how we can help:
- Evidence Collection: We review accident reports, photographs, and any available surveillance footage that may indicate distracted behavior.
- Witness Statements: Eyewitnesses can provide crucial testimony regarding the driver's actions leading up to the incident. We work to secure and document these accounts promptly.
- Technology Use: Cell phone records can reveal whether the driver was texting or calling at the time of the accident. We can subpoena these records to support your case.
- Expert Analysis: Accident reconstruction experts can analyze vehicle damage and road conditions to provide insights into driver inattention.
- Police Reports: Officers may note signs of distraction in their reports, which can be pivotal.
NGK Law Firm is dedicated to meticulously building your case to establish that distracted driving was a factor in your car accident. Reach out for a consultation to discuss your situation.
Talk with an experienced distracted driving lawyer in St. Louis at NGK Law Firm. Contact us online or call (314) 350-1900.
What Happens If I'm in a Crash and the Other Driver Was Texting?
When you're involved in a car accident, it's important to know your rights. If the other driver was texting while driving and caused the crash, they may be liable for your damages.
If you decide to file a claim against the other driver, you will likely need to prove that they were texting while driving at the time of the crash. This can be difficult to do, but with the help of our team, it may be possible.
If you are successful in proving that the other driver was texting while driving, you may be able to recover compensation for your injuries, property damage, and other losses. These damages can help cover medical bills, car repairs, and other costs related to the accident.
How Much Can I Recover From My Car Accident Claim?
Missouri does not restrict the amount of compensation that someone can recover from a car accident claim. These compensation amounts could range from the low five figures for accidents with minimal injuries and property damage to well over $1 million if the victim suffered longer-lasting injuries.
In Missouri, drivers have the right to recover both economic and non-economic damages in car accident claims.
Economic Damages
Economic damages are losses that can be specifically calculated and often include things such as medical bills, car repairs, and lost wages.
Economic damages can help cover the costs of your injuries and help you get back on your feet financially. Medical bills can be very expensive, especially if you require long-term care. Car repairs can be costly, and if you're unable to work while you're recovering, you may lose out on wages.
Non-Economic Damages
Non-economic damages are losses that can't be specifically calculated and often include things such as pain and suffering, emotional distress, and loss of consortium.
These damages are very important, especially if you have been seriously injured in a car accident. They can help compensate you for the emotional, psychological, and physical suffering you have endured and help you get back on your feet after the fallout.
Statute of Limitations for Distracted Driving Car Accident Lawsuits in Missouri
The statute of limitations for personal injury claims in Missouri is five years. This means that you have five years from the date of the car accident to file a lawsuit.
Because a critical part of winning a lawsuit is gathering ample evidence and reliable witness testimony, if you are planning to file a lawsuit, it's important to speak with an attorney as soon as possible to begin building your case.
Secure a consultation with a St. Louis distracted driving accident attorney from NGK Law Firm. Call (314) 350-1900 or complete our online form.
How St. Louis Distracted Driving Accident Lawyers Can Help After a Distracted Driving Accident
When you're injured in a car accident, finances are often the last thing on your mind. However, the reality is that car accidents can be costly, involving medical bills, car repairs, and lost wages.
Adding to this financial burden is the stress of dealing with injuries and the frustration that the accident and its subsequent consequences could have been avoided if the other driver had been paying attention. This combination can make an already difficult situation feel overwhelming.
Ideally, this should be a time for rest and recovery. This is where your St. Louis car crash attorney can provide invaluable assistance.
If you're involved in a car accident with a distracted driver, you have the right to seek compensation from the at-fault party. This process can be complex and challenging to navigate alone. However, an experienced personal injury attorney at NGK Law Firm can manage every step for you.
When you work with the attorneys at NGK Law Firm we can:
- Consult with you to understand the specifics and goals of your case.
- Investigate thoroughly and gather compelling evidence to support your claim. We can meticulously review police reports, highway cameras, dashcam footage, medical records, cell phone activity, social media records, and more. For instance, if we can demonstrate that the other driver was distracted by Facebook during the accident, it bolsters our argument of their liability.
- Pursue the maximum compensation for your case. With decades of experience in handling car accident claims, we are adept at securing favorable settlements.
- Manage all communications with insurance companies and opposing attorneys on your behalf.
When you partner with the attorneys at NGK Law Firm, you can be confident that a dedicated team of legal professionals is handling your case.
Experienced Representation for Your Distracted Driving Accident
Being involved in a car accident can be overwhelming. Dealing with injuries, medical bills, car damage, insurance claims, and potentially uncooperative parties can leave you feeling stressed and uncertain about the future. Having an experienced personal injury attorney on your side can make a significant difference in navigating this complex and often stressful process.
When interviewing personal injury attorneys, it is important to select an attorney who has experience handling cases like yours. This is because you will need someone who understands how to navigate the complexities of your case and how to get you the best possible compensation. Can the attorney cite recent examples of not only handling cases like yours but also winning them?
At NGK Law Firm, we have decades of experience handling car accident cases, and we get results. With more than $700 million recovered for our clients and a 98% success rate, our team includes two of the 2022 list of Best Lawyers as well as a Top 50 and Top 100 lawyer in the area of plaintiff's personal injury by Super Lawyers Magazine.
Call the St. Louis distracted driving accident lawyers at NGK Law Firm at (314) 350-1900 or contact us online for a free, no-risk review of your case.
Have Questions?
WE HAVE ANSWERS
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How do I calculate damages in a car accident case?
Calculating economic damages tends to be straightforward as they are based on actual financial losses. You add up medical bills, property damage receipts, proof of lost wages, and any other out-of-pocket expenses related to the accident.
Non-economic damages are more subjective and can vary greatly. These are often calculated using a "multiplier" method, which involves multiplying the economic damages by a number (the multiplier) that represents the severity of the injuries. The multiplier can range typically from 1.5 to 5, or even higher for extremely severe or life-altering injuries.
Factors that can influence compensation include:
- Severity of injuries: The more severe the injuries, the higher the medical costs and potential for long-term impacts, which can lead to a higher overall compensation.
- The extent of property damage: Greater property damage can result in higher repair or replacement costs, increasing the total compensation.
- Impact on quality of life: If the accident has significantly affected your quality of life (e.g., inability to perform previous activities, requiring ongoing medical care), this can increase the compensation.
- Fault: As we mentioned above, Missouri's pure comparative fault system reduces your compensation by your percentage of fault in the accident. For example, if you're found to be 30% at fault and your damages total $100,000, you can only recover $70,000.
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Does Missouri cap the amount of damages you can seek in personal injury claims?
Missouri does not cap the amount of economic damages or non-economic damages that a car accident victim can recover. However, punitive damages are capped at $500,000 or five times the net amount of the judgment, whichever is greater.
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How much compensation can car accident victims recover?
As we mentioned above, every case is different, and as a result, car accident settlements can vary significantly based on the specific circumstances of the accident.
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How Does Missouri Handle Car Accident Claims?
Before we get into the subject of compensation amounts, it's first important to understand how Missouri law handles motor vehicle accidents.
Missouri uses an "at-fault" system to handle car accident claims. This means that the driver whose actions were responsible for causing the accident will be responsible for compensating any other parties involved for their damages. These damages could include medical bills, property damage, lost wages, and pain and suffering (we'll explain more below). The at-fault driver's insurance company typically covers these expenses up to the policy's limit.
Determining fault in a car accident involves investigating the accident circumstances, examining evidence, and applying traffic laws to understand who caused the accident. Police reports, witness statements, photos from the scene, and professional reconstructions can all play a part in determining fault.
Comparative Negligence When Both Parties Are At Fault
Missouri uses a "pure comparative negligence" rule in car accident cases. This means that if you are partially at fault for the accident, your compensation will be reduced by your percentage of fault.
For example, if you were 20% at fault for the accident and suffered $10,000 in damages, you would only be eligible to recover 80% of that amount, or $8,000.
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What is the statute of limitations for filing a car accident claim?
In Missouri, a car accident victim has five years to file a lawsuit to recover compensation for a car accident injury. In the event of a lethal crash, surviving family members have three years to file a wrongful death suit.
It's important to note that the statute of limitations for filing a lawsuit is different from filing a car insurance claim. While the statute of limitations on a lawsuit stemming from a car accident is years, any insurance company will require you to make an insurance claim or give notice that a claim will soon be filed "within a reasonable amount of time," which typically means a few days to a few weeks.
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What should I avoid doing after a car accident?
Avoid admitting fault, providing speculative statements, or signing any documents from insurance companies without consulting your attorney. Additionally, refrain from discussing your case on social media or with anyone other than your St. Louis car accident lawyers.
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How long does a car accident claim take to resolve?
The duration of a car accident claim can vary depending on the complexity of the case, the extent of your injuries, and whether a settlement is reached or the case goes to trial. Your attorney can provide an estimated timeline based on their experience with similar cases.
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Do I need a lawyer for my car accident claim?
While it’s not legally required, hiring a car accident lawyer can significantly improve your chances of securing fair compensation for your injuries and damages. An experienced St. Louis car accident attorney can help you navigate the complexities of the claims process, negotiate with insurance companies, and protect your rights.
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Who is responsible for my medical bills after a car accident?Initially, you may have to cover your medical bills through your health insurance or out-of-pocket. However, if the other driver is at fault, you can seek compensation for your medical expenses through their insurance or by working with St. Louis car accident lawyers to file a personal injury claim.
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What if there is not much property damage to my car, do I still have a claim?Yes, your claim may be eligible. It’s never a good idea to shrug off an auto accident. Even if there is not much superficial damage, the crash might have damaged internal components on your car, which can be costly and time-consuming to repair.
What Our Clients Are Saying
NGK Has A National Reputation for Helping the Injured Obtain the Compensation They Deserve
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"I highly recommend him as a lawyer."David Grebel has handled several cases for me, always professionally and with a positive outcome. I always felt in the loop. I felt like a person not a number.- Susie W.
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"Kindness, thoughtfulness and patience"I really appreciated Dave's kindness and thoughtfulness and especially his patience with me throughout my lawsuit.- Gladys R.
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"I only recommend NGK"Very responsive and they help you in any way they can. Michael Kruse has handled many cases for me and he is very professional and will fight for you every time.- Matthew G.
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"Helped me through the process"Initially, I was reluctant to bring a lawsuit, but Dave answered all my questions and helped me through the process. I really appreciate all he did to get me what I deserved.- Lou P.
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"I would highly recommend them."Absolute professionals of the highest caliber. There's no one else I would recommend to friends or family!- Robert K.
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"The best at what they do!!!"Dave Grebel is the go-to guy. He has handled cases for my friends and family, always with a positive outcome!- Bryan H.
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"2 for 2 batting 1000"Second time using NGK. Took care of me both times! Will use and recommend again! 5 stars!!- Tony B.
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"They were very wonderful."Dawn Schneithorst definitely worked hard for me and my siblings. She deserves a raise. They have me for a lifetime if we ever need them again.- Paige B.