Lost Wages After a Auto Accident – St. Louis Attorney

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There are times when injuries are so severe in a car accident that a person is unable to perform in the same capacity as they did prior to being hit. If you are unable to return to your former position at work for an extended period of time due to your injuries related to the car accident and the need for medical treatment, and your employer lets you go, you might have recourse for your lost wages. If an employer can’t go the extended time without your services and needs to hire someone to take your place, then it might be possible for you to get compensation.

If you lose your job because of the injuries you sustained from an accident, then you may be able to pursue a claim against the other driver. If you should lose your position at work, you can claim special damages. Special damages typically include things like loss of wages, income, benefits, business opportunities and profits. You will probably be awarded the amount that you would have received if you didn’t have to take time from work. A loss in special case claims is calculated from the date your medical condition is stable, and you can return to gainful employment, to the date of your injury.

See: Reimbursement for Lost Income: Unable to Work Due to Car Accident

It is also possible for you to claim general damages. They are things like future loss of earnings and whatever capacity to earn money you had prior to the accident. To recover for these types of future losses, you have to show that you would have had the potential to make the earnings you are claiming. A more subjective amount, the court will decide how much earning potential you had before you were injured in the accident. They will likely compare how much you will earn after your disability versus your capacity if you weren’t injured.

If you want to sue for your lost job, you will need to provide proof that your medical condition was the result of your not being able to return to work and the subsequent loss of your job. That will entail a physician’s note, a disability slip, and any other medical proof that you have related to your condition and injuries. The letter should generally state specifically that your loss of job was directly related to your injuries.

There is something called a damages cap, however. It is the maximum amount that you can collect on any lawsuit that you initiate. In Missouri, there is a cap related to non-economic damages which is what job loss would typically fall under. So, before you sue, make sure that you weigh what it will cost to go through a potentially long court case versus the maximum you can be awarded due to your non-economic damages if you win.

If you lose your job due to an St. Louis auto accident injury, you might be able to recoup for your loss earnings and wages both during your recovery time, and if you are disabled, into the future. To ensure that you are compensated fairly, it is imperative to have the help of a St. Louis car accident attorney to help you through the complexities of a court case. Call (314) 361-4242 for a free consultation.

St. Louis Car Wreck Lawyer Discusses Backseat Safety

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Passengers depend on the driver to avoid car accidents. They are at serious risk of suffering injuries if a crash happens, especially if they are not buckled up properly at the time the collision occurs. Recently, the Governors’ Highway Safety Association published a report that highlighted the risks that backseat passengers face when they are not wearing a seat belt. The report shows that many people suffer severe injuries because they are not wearing a seat belt. In this post, our St. Louis car accident lawyer will discuss this issue in detail.

Unbuckled passengers face high risk of car accident injuries

According to the Governors Highway Safety Association, each year, hundreds of unbuckled adults in the rear seats of cars are killed and hundreds suffer serious injuries. In 2013, 883 passengers in the age group of 8 and above were killed in a car accident when they were in the back seat without wearing a seat belt. The GHSA estimates more than 400 passengers who were killed in car accidents would have been alive if they were buckled up at the time of the crash. The fatality risk is three times higher for a person in the back seat who is not wearing a seat belt at the time of the crash. So, your chances of getting killed in an accident are significantly higher if you choose not to wear a seat belt while riding as a passenger in the backseat of a car.

Quite surprisingly, despite the importance of wearing a seatbelt in the backseat, as many as 32 states do not have strong requiring backseat passengers to wear seat belts. This contributes to myths that backseats are safer than the front seats and it is not really important to buckle up when you riding in the backseat. Due to such misconceptions, only 78 percent of the adults admit that they wear a seatbelt in the back seat while 87 percent wear it when they are riding in the front seat.

The GHSA also indicates that the risk to backseat passengers is even higher during the holiday season, because many people take road trips and are unconcerned with whether or not the adults and children in the backseat are buckled up or not. They also believe that the risk of injury has also increased with more people using ride sharing services.

St. Louis Car Accident Lawyers

If you have been injured in a St. Louis car accident as passenger or driver, you may have a claim for compensation from the party at fault. Give us a call 24/7 at (314) 361-4242 to learn more about your legal rights and schedule a free consultation with an experienced car accident attorney in St. Louis.

St. Louis Car Accidents Caused by Elderly Drivers – Auto Accident Attorney

As of 2012, the number of licensed U.S. drivers in the age group of 65 years or older was nearly 36 million.

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Statistics also reveal that on average, around 586 people suffers an injury from road accidents every day in the United States. The good news is that elderly drivers can reduce the risk of getting involved in a road accident by taking some simple steps.

Senior Citizen Driving Statistics

In 2012, around 214,000 elderly people suffered injuries and over 5,560 elderly adults lost their life as a result of car accidents. This translates to around 586 injuries and 15 deaths per day. It is also interesting to note that the number of licensed elderly drivers increased by around 34 percent between 1999 and 2012.

Was Age the Cause of the Accident?

Just because you suffered an injury from an accident involving an elderly driver does not mean that the elderly driver was at fault. The age of a driver does not automatically make him or her accountable for an accident. Fault is determined after a thorough investigation, including:

•Whether the elderly driver is suffering from any illness or medical condition that could be relevant to the accident.
•Whether the driver has any problem with vision or eyesight.
•Whether the driver was advised against driving by a physician.
•Whether the driver had difficulty recognizing signals due to any cognitive problems.

Claiming Compensation After a Car Accident

If you get injured from a car crash caused by an elderly driver, you could be eligible for claiming compensation. You are entitled to receive compensation for your medical bills, lost earnings, out-of-pocket expenses, and pain and suffering. Consult a St. Louis car crash attorney to make sure you get maximum compensation from your losses. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242.

Preparing Your Automobile for a Safe Summer in St. Louis

Each season in St. Louis brings its own set of unique driving challenges and summer is no exception.

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As the temperature begins to rise, there are more drivers and bicyclists on the road. This is the time when staying focused on the road and your surroundings is of the upmost importance in order to avoid an accident. If you or a family member are injured in a car accident, call our St. Louis car accident attorney.

Prepare Your Car For the Summer

Part of spring cleaning should always include a tune-up of your car. Missouri winters are rough on cars and you need to ensure that your tires, fluids, and brakes are all in perfect working order. One of the most important engine parts to inspect is the radiator and cooling system. Cars can overheat in the summer, and you do not want to be on the side of a St. Louis highway waiting for your radiator to cool down.

Do not forget about the windshield wipers in the summer. Late afternoon showers can take a driver by surprise, and without wipers that are in good working condition, will leave you blind on the road. Change out the blades if you notice that your wipers are leaving your windshield with streaks, rather than clearing it of unnecessary water.

Drunk Driving in the Summer

Drunk driving still plagues St. Louis roadways and drunk driving increases in the summer time. To reduce your risk of being struck by a drunk driver, stay off of the roads late Friday and Saturday nights. If you are out and notice a car that is being driven erratically, keep a safe distance and notify authorities immediately.

Distracted Driving

With vacation plans to make, barbecues to plan, and outings to the lake on your mind, it is easy to get distracted when driving during the summer. Remember to keep both eyes on the road and both hands on the wheel, with your full attention on what is happening around you. Texting and driving has become just as dangerous as drunk driving, so avoid the temptation by putting your phone out of sight when you drive. If you do have an important call or text to make, pull over onto the side of the road, take care of your personal business, and then put your focus back on the road.

If you do find yourself the victim of a car accident in St. Louis this summer, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 to help you file a claim for compensation.

Safety Tips for Child Pedestrians

Children tend to be impulsive and energetic and do not always think about their own safety.

Car Accident Involving a Child

Studies have indicated that approximately 20 percent of child car accident fatalities involved a pedestrian child. These accidents generally happen during the hours when children are going to or from school. Children tend to be impulsive and energetic and do not always think ahead about their safety. In most cases, these impulsive reactions result in minor scratches or bruises; however, when a child is playing in close proximity to a road, then a careless action can have devastating consequences.

Protecting Our Children From Harm

As a parent, we wish to watch over our children at all times, protecting them from harm. We teach them safety habits to keep them safe when we are not with them. Listed below are safety tips for walking on the road to help keep your children safe.

Pedestrian Safety Tips

• A green light does not mean that it is absolutely safe to cross the road. Always use caution while crossing a street. Stop and scan the intersection for vehicles making a right turn at a red light or cars that disregard a red signal.

• A cross walk is not always safe. Drivers are required to stop at cross walks when there are pedestrians waiting to cross. However, because not every driver follows traffic rules, wait for vehicles to come to a full stop before stepping onto a cross walk. Look left-right-left to check for any incoming vehicles.

• Just because you can see the driver of an incoming vehicle, it does not mean that he or she can also see you. Children, being small, can easily be missed by drivers who are not paying much attention on what is ahead or by drivers of large vehicles. Be extremely cautious when walking in front of or behind vehicles.

• Wearing bright colors at night does not ensure that drivers will be able to see you in the dark. Avoid walking on the road at night. If you must be a nighttime pedestrian on the road, carry a flashlight while walking on the road or wear retro-reflective clothing. Walk on the left side of the road so that you can see the incoming traffic.

Never run across the street while trying to beat the traffic. Running or darting across a street is extremely dangerous. A driver may become confused and fail to take evasive action when a child suddenly darts ahead, resulting in a catastrophic situation.

Injured by a Negligent Driver

If your child has been injured in an accident caused by a negligent driver, contact an experienced St. Louis traffic accident lawyer. Call The Hoffmann Law Firm, L.L.C. at (314) 361-4242.

Distracted Driving: Major Cause of Accidents

Distracted Driving: Major Cause of Accidents

Quite often, we hear news about motor vehicle accidents caused by distracted drivers. It is no surprise that the biggest cause of distraction among drivers is the use of cell phones.