St. Louis Side-Impact Collision Lawyer
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When someone else’s failure to yield the right of way causes a side-impact collision with your vehicle, you have the right to compensation for your accident-related damages, including injury-related costs and property damage expenses to repair or replace your vehicle. Let our St. Louis side-impact collision attorney handle your claim and recover your rightful damages.
Recovering Damages In a Side-Impact Accident Claim In St. Louis
Car accident injuries are costly as well as painful, especially when they interfere with the ability to return to work at the same time that medical bills accumulate. While no two claims have the same results, common damages that our St. Louis accident lawyers recover in side-impact accident claims include the following:
- Reimbursement for medical expenses
- Anticipated future medical expenses
- Out-of-pocket costs related to the injury
- Lost wages
- Future income loss or diminished future earning ability
- Compensation for pain and suffering
- Compensation for catastrophic injuries, such as permanent scarring, organ loss, loss of one of the senses, loss of limb, disability, or diminished quality of life
Wrongful death damages may be available to the closest surviving family member of a fatally injured car accident victim after a side-impact collision under Missouri’s wrongful death law.
Proving Liability in a Side-Impact Accident Claim In St. Louis
Missouri’s pure comparative negligence law holds the party that causes an accident responsible for the damages to those who sustain injuries, including in side-impact accidents. Proving liability requires evidence demonstrating the following:
- Duty of care: The at-fault party owed a legal duty of reasonable care to the injury victim, such as the duty to stop at a red light or stop sign
- Breach of duty: They breached their duty of care through negligence, recklessness, or wrongdoing
- Causation: The breach of duty directly caused the accident and injuries
- Damages: the injury victim suffered damages from the injury, like medical expenses and lost earnings
How Does the Pure Comparative Negligence System Impact My Case?
The pure comparative negligence law benefits car accident victims who contributed to the accident by allowing them to recover a portion of their damages even if they were partly responsible. In these cases, the insurance company deducts the injured party’s percentage of fault from the payout of their claim. Unfortunately, this also gives the insurer a financial incentive to assign undue fault to an injury victim to reduce the amount they must pay. For example, if you had the right of way, it may seem that the car that hit you was completely (100%) at fault. But what if their insurer claims that you were exceeding the speed limit by five miles per hour and otherwise wouldn’t have been in the intersection? By assigning you 20% fault, they could reduce a $100,000 claim to $80,000.
An experienced St. Louis side-impact collision lawyer defends against this and other insurance company tactics that could be used against you, helping to maximize your chances of recovering the full compensation available under the at-fault party’s policy limits.
What If More Than One Party Is Responsible for a Side-Impact Collision?
Another benefit of the pure comparative negligence system is that any third party that contributed to the accident can also be held liable for their percentage of the damages. For instance, if a negligent road maintenance agency failed to clear branches from a stop sign and contributed to the driver’s failure to stop at the intersection, the agency could be held liable in addition to the driver. An experienced injury attorney pursues all avenues of compensation available to a St. Louis car accident victim.
What Are the Most Common Causes of Side-Impact Accidents in St. Louis?
A side-impact collision occurs when the front end of one car crashes into the side of another vehicle. Side-impact collisions, or broadside accidents, most commonly occur at intersections but can also happen when one vehicle negligently enters the roadway and hits a car already in the lane. The most common causes of side-impact collisions in St. Louis include the following:
- Failure to yield the right of way at an intersection, either due to carelessness or intentionally running a red light or stop sign
- Pulling out of a driveway or parking lot and hitting another vehicle
- Making a negligent left turn while focusing on cars approaching from the right and hitting a vehicle approaching from the left
- Leaving inadequate braking time and sliding into an intersection
- Sliding into an intersection after a rear-end collision with another vehicle while stopped at a red light
- Slippery road conditions
- Impaired driving
- Drowsy driving
- Lack of trailer lights on a commercial truck
Poorly designed intersections with obstructed views sometimes cause or contribute to side-impact collisions. In these cases, the negligent road-planning agency could be liable or partly liable for an accident victim’s damages.
Understanding Side-Impact Accident Injuries
The side of a vehicle is its thinnest point, lacking the buffers of the front and back ends. According to the National Safety Council (NSC), there were 1,725,000 injuries and about 8,400 deaths in side-impact accidents in the U.S. in a single recent year. Common injuries in side-impact collisions include the following:
- Soft tissue injuries to knees, shoulders, and wrists
- Neck injuries
- Back injuries
- Contusions, abrasions, and lacerations
- Fractures
- Traumatic brain injuries
- Crush injuries
- Internal organ injuries and internal bleeding
- Traumatic amputations
- Facial and dental trauma
- Spinal cord injuries
Side-impact collisions are the most common cause of serious injuries to back-seat passengers, including children.
How Can a St. Louis Side-Impact Collision Lawyer Help?
If someone else’s negligence or wrongdoing caused your car accident injuries, you have the right to full and fair compensation. Unfortunately, insurance companies are not on your side and may actively work to undermine or devalue your claim unless you have assertive legal representation. Contact Miller & Hine for a free consultation and prompt action to represent your best interests throughout every step of your case.