Category: Car Accidents

Rain can cause car accidents

Preventing Car Accidents when Driving in the Rain

Spring is here! With it comes severe weather and lots of heavy rain. Springtime weather in Joplin is unpredictable, to say the least. Severe downpours and flash flooding are frequent occurrences. Fortunately, knowing how to drive in the rain can help keep you safe from a car accident.

Tips for Preventing Car Accidents when Driving in the Rain:

  • Slow Down! Rain decreases your visibility. This leads to a worse reaction time. Slowing your speed will give you a better chance to avoid a collision. The rain also makes road slick and harder to stop on. Slowing down will improve your ability to stop on a wet, slick road.
  • Back Off! Keep more distance between you and the vehicle in front of you. The rains makes it much harder to stop, so give yourself a good amount of buffer space.
  • Don’t Drive on Worn Out Tires. Heavy rains create deep puddles on the road. When you car hits one of these puddles, it can hydroplane. A hydroplane will make you car uncontrollable. The less tread you have on your tires, the more likely your car is to hydroplane. Hydroplaning is a major cause of car accidents in wet weather.
  • Turn Your Headlights On. Not all cars have daytime running lights. Whenever your wipers are on, your headlights should be on too. Having your headlights on will make your car more visible to other drivers. Remember the rain impairs the vision of all the other drivers on the road. Make yourself easier to see by turning on your headlights.
  • Replace Your Windshield Wipers. The ice and cold temperatures of winter wreak havoc on the delicate rubber on your wiper blades. A great way to prevent a car accident is to replace your wipers every spring. Do this before the Spring rains start. March 1 is a great time to replace your wiper blades.
  • Pull Over if Necessary. Don’t be scared to find a safe place to pull over if torrential rains make it too dangerous to drive. Most of the time, torrential rains will pass within a few minutes, and you can resume your trip.

At Austin Bradley Law Office, we represent victims of car accidents everyday. If you have been involved in a car accident, please give us a call at (417) 385-1338. You can also contact us through our website by clicking here. Your first consultation is always free.

FAQs from Clients Injured in Car Accidents

If you have been injured in a car accident, you likely have many questions. At Austin Bradley Law Office, we provide answers and solutions to car accident victims every day. Below is a list of questions we repeatedly receive from our clients who have been injured in car accidents:

1. Who is responsible for my medical bills?

The car insurance company for the at-fault driver is legally responsible for paying your medical bills. Keep in mind, however, that they will not simply pay your medical bills as they become due. Instead, the settlement or judgment you receive in your case should include an amount necessary to pay your medical bills. While your case is pending, your health insurer might refuse to pay medical bills it believes resulted from the car accident. Even if your health insurance company pays the bills while your case is pending, they may seek reimbursement from the settlement proceeds. An experienced car accident attorney can help simplify and solve the process of getting your medical bills paid, and may even be able to negotiate a discount on your behalf.

2. Do I get paid for time I missed from work?

If you lost money because your injury physically prevented you from performing your job, you are entitled to be compensated for your lost wages. Most insurance company require strict proof of your lost hours and wages. A good car accident attorney will know what documentation is needed and how to get it.

3. Who pays to fix my car after an accident?

The insurance company for the driver that caused the collision is required to pay for your car. If you have full coverage, you can also elect to have your insurance company pay to fix or replace your car. Your insurance will then seek reimbursement from the at-fault driver’s insurance company. Once your insurance company has been paid back, you should get reimbursed for any deductible you paid.

4. Do I have to give a statement?

You are not required to (nor should you) give a statement to the other driver’s insurance company. You are required to notify your insurance company of a car accident, however, you should hire a lawyer before you give a statement to your insurance company. Insurance companies are in the business of denying claims, not paying them. Everything you say before you hire a lawyer can and will be held against you if the insurance company attempts to deny or devalue your claim.

5. How Much Does a Car Accident Attorney Cost?

Car accident attorneys take on clients on a “contingency fee” basis. This means that you do not pay them anything unless they recover money on your behalf. In the even of a recovery, the car accident attorney’s fee will be a percentage of the total amount recovered.

If you have any additional unanswered questions, or would simply like to take advantage of our free consultation, please call our office at (417) 385-1338. We look forward to hearing from you.

 

Consult a Car Accident Attorney before Giving a Statement

After a Car Accident, Should I Give a Statement to the Insurance Co.?

After a car accident, talking to the insurance company without your lawyer present is a bad idea. The insurance company for the driver who injured you will always want to take your recorded statement as soon as possible after a car accident. The insurance adjuster will tell you they are “investigating the claim,” but that is only a half-truth. They are also trying to get you to say something they can use against you to deny and defend the insurance claim.

In some instances, the law may actually require you to give the insurance company a statement. For example, if you are making a claim against your own insurance company for benefits after a car accident, you are legally required to cooperate with their investigation. Still, there is a time and place to communicate with the insurance company. Without exception, that time is after you have hired your lawyer. An experienced car accident lawyer will be able to help you prepare and get organized for your statement. A good car accident lawyer will also help you understand how to handle an insurance adjuster who is trying to get you to say something that can be used to deny or defend your claim. (So go hire a lawyer today!).

Many insurance adjusters will also tell you that there is no need for you to hire a lawyer because they are willing to settle your claim out of court. What they do not tell you is that they are going to try to settle with you for a low-ball amount. Most settlement offers made to unrepresented folks are not going fully compensate them for their medical bills, future medical treatment, lost wages, and pain and suffering. The insurance company knows it is very unlikely you will beat them in court if you do not have a lawyer. Their low settlement offer to you will reflect their confidence in their ability to win if your car accident claim goes to court.

So go hire a lawyer. It will be the smartest decision you make after your car accident.

Austin Bradley Law Office is a personal injury law practice located in Joplin, Missouri. Feel free to give us a call at (417) 385-1338. You can also send us a message through our website by clicking here.

car accident attorney

How Much is My Car Accident Case Worth?

As a car accident attorney, I get asked this question by many clients. The answer? There is no set value for a car accident case. What each particular case is “worth” depends on many factors.

Below is a list of three major factors used to value your case by both insurance companies and juries:

1. Severity of Your Injuries. The seriousness of your injuries is usually the single biggest factor in determining a fair amount of compensation for your car accident case. A car accident involving serious, lifelong injuries is going have a higher value than a case where the client had less serious injuries that fully resolved (both cases should still be pursued).

2. Amount of Your Medical Bills. The law allows car accident victims to recover compensation to cover their medical bills. Additionally, many juries and insurance companies will use a “multiple” of your medical bills to determine a fair amount for your pain and suffering. Two to four times medical bills is usually viewed as a fair settlement amount for injury victims who are represented by a competent car accident injury attorney. Unrepresented individuals are frequently offered far less. (See Should You Hire an Attorney After an Injury?)

3. Defendant’s Conduct. There is a saying in the legal community that “liability drives damages.” What lawyers are trying to say is that when a jury gets mad at the defendant (the person who injured you) for his conduct, they are more willing to allow a fair amount to compensate you for your injuries. If the defendant’s conduct was particularly dangerous, such as driving while drunk or texting and driving, a jury may want to punish him or send a message. The only way to do this is through a high verdict. Car insurance companies and their lawyers know this, and are often more willing to pay a fair amount outside of court when the defendant’s conduct was particularly dangerous.

If you have been injured in a car accident, please call Austin Bradley Law Office today at (417) 385-1338 to speak with an attorney. All our car accident cases are handled on a contingency fee basis, which means you do not have to pay us a penny unless there is a financial recovery in your claim.

Also, feel free to send us a question about your car accident through this website by clicking here.

Car Accident Lawyer

Tips for Car Accident and Auto Accident Victims

Being in a car accident can be a shocking experience. Everything happens so fast. It is easy to lose your cool and end up making a mistake that compromises your legal rights.

Below are a few basic tips you should follow after an auto accident:

1. Always call the police. The police will investigate the accident and determine who was at-fault. They will usually issue a ticket to the at-fault driver and will always create a police report. These documents will be crucial in proving the facts of your auto accident.

2. Get the other driver’s info. Make sure you copy down the other driver’s information directly from their driver’s license and insurance card. Do not rely on the other driver to write this information down for you. People who want to avoid responsibility for a car accident may attempt to give you false information. All the information from the other driver should be contained in the police report, but it is still a good idea to write the information down yourself.

3. Take an ambulance if you need one. Injury victims who need an ambulance often refuse transport because they fear a large ambulance bill. Do not make this mistake. The at-fault driver’s insurance company will have to pay the ambulance bill, not you. Do not risk your own health and well-being to save the insurance company money. Furthermore, when it comes time to pay for your injuries, that same insurance company will attempt to argue that you were not seriously hurt because you did not take an ambulance. If you end up needing surgery or other serious medical treatment, they may even attempt to deny paying for that portion of your claim because you refused an ambulance.

4. Go to the hospital if you think you sustained a serious injury. Auto accident injury victims often delay seeking medical treatment for cost reasons. As stated above, the at-fault driver’s insurance will have to pay for your medical bills, up to a certain amount. In Missouri, all driver’s are required to carry at least $25,000.00 in coverage. Therefore, there is no reason to not go to the hospital if you think you sustained a serious injury.

5. Always follow-up with your regular doctor after the accident. Hospital emergency departments only treat those who need immediate treatment. These include car accident injury victims who have suffered life-threatening or very serious injuries. Many victims, however, suffer “soft-tissue” injuries such as muscle tears, tendons tears, and herniated discs that the emergency department will not treat (and sometimes will not even attempt to diagnose). For this reason, you need to follow-up with your regular doctor as soon as possible after the accident. Report to your doctor any pain or problems you are having after the accident. He or she will be able to make sure any soft-tissue injuries are properly diagnosed and treated.

6. Do not talk to the insurance company or give a statement. We have all heard the saying that “anything you say can and will be used against you in a court of law.” This is true in car accident injury claims as well as the criminal trials we see on television. There is a time and place to communicate with the insurance company. That time is after you have talked with an attorney, not before.

7. Do not sign anything. If the insurance company sends you anything to sign, run it by your attorney first. Many time insurance companies will try to get you to sign an authorization that allows them to access all of your medical records – past, present, and future. The insurance company does not need to know your entire medical history in order to evaluate your claim.

8. Hire a personal injury attorney from the outset. Do not wait to hire an attorney. As discussed above, insurance companies will attempt to get you to make statements or sign documents that may hurt your injury case. If you hire an attorney from the outset, you will not have to worry about unintentionally compromising your legal rights. Also, make sure the attorney you hire to handle you car accident claim specializes in injury cases. A good personal injury attorney will be able to discover all sources of available insurance, maximize your recovery, and negotiate your medical bills.

9. Attend all your medical appointments and physical therapy sessions. Make sure you do your part by complying with your medical treatment. Attending your medical appointments will ensure you achieve the best possible outcome from your injuries. Additionally, if you do not complete your medical treatment, the insurance company will blame you for any lasting effects of your injury and will attempt to reduce your auto injury claim accordingly.

10. Do not discuss the accident or your injuries on social media. Anything you post to social media could be used as legal fodder against you. It is best to avoid posting pictures or anything related to the accident to your social media accounts. Also keep in mind that if you engage in any activities that violate the medical restrictions given by your doctor, and those activities show up on your Facebook page, the insurance company may find them and use them against you. Bottom line: If you do not want to be cross-examined with it in court, then don’t post it. Better yet, don’t even do it!

If you have been injured in a car accident, please call Austin Bradley Law Office today at (417) 385-1338 to speak with an attorney. All our car accident cases are handled on a contingency fee basis, which means you do not have to pay us a penny unless there is a financial recovery in your claim.

Also, feel free to send us a question about your car accident through this website by clicking here.

SNow and Ice Car Accident

Snow and Ice Car Accidents

Winter weather contributes to many car accidents this time of year. Because snow and ice make driving more dangerous, there are special rules of the road for driving in snow and ice.

In addition to obeying the speed limit and all traffic signals, drivers are required to travel at a safe speed for the road conditions. This rule often requires drivers to travel well below the stated speed limit. A good rule of thumb is that the driver must go slow enough to be able to stop suddenly if the car in front of them comes to a halt or if the traffic light turns red. In heavy snow or icy conditions, this rule requires drivers to drive very slowly, even on major roads. If a driver is traveling too fast and slides into the back of stopped vehicle or skids through an icy intersection causing a collision, that driver is responsible.

If you have been injured in a car accident, please call Austin Bradley Law Office today at (417) 385-1338 to speak with an attorney. All our car accident cases are handled on a contingency fee basis, which means you do not have to pay us a penny unless there is a financial recovery in your claim.

Also, feel free to send us a question about your car accident through this website by clicking here.

How Much Does a Car Accident Attorney Cost?

Nothing, unless you win your car accident case. A reputable car accident attorney should be willing to take your case on what lawyers call a “contingency fee basis.” This means that you pay nothing up front when you hire the car accident attorney. The lawyer only gets paid when you get paid: at the end of the case when there has been a financial recovery. The amount of the lawyer’s fee will be a percentage of the financial recovery. If for some reason there was no financial recovery, then you would not owe the car accident attorney a penny, even if he spent hours working on the case.

In almost all car accident cases, there will be a financial recovery, usually in the form of a settlement. In almost all cases, a lawsuit will need to filed and your case will have to be litigated before an insurance company is willing to pay full and fair compensation. In some cases, the car accident attorney may need to take your case to trial to get full compensation. Usually, cases only have to be tried if the insurance company is still refusing to pay full and fair compensation for your injuries even after the case has been fully litigated and set for trial.

If you are thinking about hiring a car accident attorney, then please see our Home Page for more information about our law office, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.

Car Accident Claims Take Time

How Long Does it take to Settle a Car Accident Claim or other Personal Injury Claim?

It usually takes about 12 to 18 months to settle a routine car accident claim or other personal injury claim, but the amount of time can vary greatly depending on the severity of your injuries, the duration of your medical treatment, and the willingness of the insurance company to offer full and fair compensation.

Several things need to happen before you will be in a position to settle your personal injury claim for a fair amount. First, you will need to give yourself time to heal from your injuries. You never want to settle your personal injury case before you have received thorough medical treatment and have a very good idea of what injuries you sustained and what your prognosis is. After you have completed or nearly completed your medical treatment, your attorney will need to order all of your related medical records and bills so that he can provide them to the insurance company with a settlement offer. If you will need future treatment for your injuries, or have suffered a permanent disability from your injuries, your lawyer may also need to obtain a written medical opinion from a licensed physician. In order to give an accurate medical opinion regarding your disability and future medical treatment, the physician will perform a physical examination and review all of your medical records and radiology films. He will then issue a written opinion, which will be provided to the insurance company with your bills and records when your attorney makes a written settlement demand.

After the settlement demand is made, there usually will be negotiations with the insurance company. This process can take several months. If, at the end of the negotiation process, the insurance company is offering to pay full and fair compensation for your injuries, then your case will settle without a lawsuit being filed. In many cases, unfortunately, insurance companies are not willing to pay a fair amount, and a lawsuit will need to be filed. The same physician who provided a written opinion about your injuries will usually testify about your injuries in a deposition. You will probably also testify during a deposition, as will the person or persons who injured you.

After all the depositions have been concluded, your case will be set for a jury trial. The insurance company may offer you a fairer settlement once the depositions have been concluded and the case is ready for trial, but that is not always case. If the insurance company still refuses to pay a fair amount, your lawyer will try your case in front of a jury, who will then allow an amount that they think is fair to compensate you for your injuries. Usually, cases that have to be tried will not be concluded within the 12-18 month time period mentioned above. Those cases can take upwards of three years to be completed. That is one reason insurance companies do not frequently offer a fair settlement early in the process. They hope they can wear you out and get you to settle your case for an unfair amount. A good personal injury attorney will be able to help you stay motivated and will fight the battle for you, resulting in a fairer settlement.

If you are thinking about hiring a Joplin personal injury attorney, then please see our Home Page for more information about our firm, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.

 

Injury Attorney for Car Accidents

Joplin Personal Injury Attorney Sees Increase in Car Accidents Over Labor Day Weekend

Labor Day weekend is the official end of summer for most of us. It is also a time that we travel to see family and friends, or maybe to get one more weekend at the lake before the weather really starts to cool down. It is also a time when an injury attorney receives more phone calls from people who have been injured in car accidents.

According to AAA’s Labor Day travel forecast, 35.5 million Americans will be packing their bags and hitting the road this weekend. The increase in the number of vehicles on the road predictably results in an increase in car accidents and car crashes. Gas prices are also down this Labor Day weekend, which will result in an increase in travel throughout Missouri and the rest of the United States. According to AAA’s monthly gas report, gas is 99 cents per gallon cheaper than Labor Day last year. Gas is also at its lowest price since 2004 for Labor Day weekend.

So enjoy the long weekend, but be mindful of the increased traffic and drive safe! And remember, never text while driving and never drive under the influence of drugs or alcohol. Also, if you can avoid driving at night this weekend, that is a great way to reduce your risk of being injured by a drunk driver.

If you are thinking about hiring a personal injury attorney, then please see our Home Page for more information about our firm, or call us today for a free consultation at (417) 385-1338. Also, feel free to send us a question through our website by clicking here.