Archive for the ‘Personal Injury’ Category
Cottage Hills Boy Hurt in Unusual Accident on I-255
An accident involving a car, a minivan, and a tow truck left 12 year old Zachary Anderson in satisfactory condition yesterday morning. On 1-255 by Collinsville, IL, a wheel lift fell off a tow truck. The wheel lift was hit by a car and then struck by a minivan, which caused it to strike Zachary. The driver, Crystal Little, and other passenger of the car, Dylan Little, had only minor injuries. Sean Reese, the driver of the tow truck, was written up for an equipment violation.
Accidents involving children are particularly heart-wrenching. My thoughts are with the Anderson family as he recovers from this tragic accident.
Since Reese was cited for an equipment violation, the Anderson family may want to consider contacting an attorney who specializes in accidents as the result of negligence. Negligence is the failure to take proper care in a situation that could cause someone else to be injured or killed. Not securing the equipment on a truck may be a sign that the operator of the truck had been negligent. If this is the case, an experienced personal injury attorney would know exactly the right evidence to collect to ensure that the Anderson family can recover emotionally and financially.
For more information, see the original article at: http://www.stltoday.com/blogzone/st-louis-crime-beat/2009/11/02/boy-12-hurt-in-i-255-accident-near-collinsville/
To contact our office, visit: http://www.castlelaw.net/contact.cfm
Accident Involving MoDOT Vehicle Shuts Down Interstate 170
Interstate 170 North has been shut down near the intersection of Interstate 70 after a Missouri Department of Transportation vehicle got into an accident. Although there are not many details that have been released yet, a post-dispatch article did report that one person was hurt, though they aren’t sure if he or she is a MoDOT employee yet.
The severity of the injuries for the injured party has not been released yet. Whatever the injury, I am hoping for a speedy recovery.
Until further details of the accident are released, I cannot speculate as to the cause of the accident. I do know, however, that if the injured person was indeed a MoDOT employee, their case could have many potential avenues to explore. For instance, there is a potential case against the opposing driver, which would be obvious, but there is also possibly a workers compensation claim and if there were any defects in the MoDOT vehicle that caused the injuries or the accident, MoDOT could be responsible. It will be vital for the injured man or woman to obtain a full accident report in order to understand the direct cause of the accident and its results. In addition, all vehicles involved should be inspected, as well as the stretch of highway where the accident occurred, to determine if there were any unsafe conditions that contributed to the injuries.
The injured person would be well-advised to contact an attorney experienced in auto defects, serious car and truck accidents and workers’ compensation in order to fully understand the accident and what he or she is entitled to.
Two Women Killed After Crash with Pickup on Skinker
Two elderly women were killed and eight other people were injured in a crash involving a church van and a pickup truck. According to an article in the Post-Dispatch, the pickup truck failed to yield to oncoming traffic when attempting to make a left turn onto Etzel Avenue. The pickup smashed into the driver’s side of the van, which set the van into a spin and killed Anner Daniels. Another woman died on the way to the hospital. Her name hasn’t been released yet.
My thoughts are with the friends and family of the two women who were killed in the accident. An accident that involves so many people is really a tragedy for the whole community. I hope this accident can bring to light the dangers of reckless driving. It will be critical for the family and friends of the injured and killed passengers to contact an attorney who is experienced in serious injuries and traffic fatalities. Even though it appears that the other driver was clearly at fault at this stage, it would benefit the parties to have an attorney who handles auto defect cases to investigate whether or not the deaths of these two women were the result of the failure of any safety features. Defective seatbelts and seatback collapse are just two possibilities that are often overlooked.
In the days after an accident, passengers will be contacted by an insurance adjuster who will attempt to minimize their ability to receive fair compensation. It will be vital for the injured parties to understand that they do not have to make a recorded statement and they must keep careful track of their injuries and losses. I wish the best for the victims and their families as they move through these hard times.
Will You Be Stuck Under a Pile of Medical Bills Too?
A friend called me recently to tell me a nightmare story about a man who had suffered serious injuries after an accident. After my three installments on insurance adjusters, I thought I’d share this story with you too.
A man came into my friend’s office. He had been in an accident and had disc replacement as a result. His injuries resulted in $80,000 worth of hospital bills. He pulled out a check he had received from the insurance company and cashed for $250.00. He tells my friend that he has not signed any release, though. However, as my friend knew, the claim was actually settled when the unsuspecting man cashed the check and he verified that with the insurance company. Turns out, the release of liability was actually printed on the back of the check. And the real nightmare is, my friend had to turn him away because he had already settled his claim for the $250.
This is just one example of what an insurance adjuster is really capable of doing. Do not ever forget their job is to pay as little out as they can on every claim. They can trap you in a recorded statement, rush to settle your claim, and send you a check that doesn’t begin to cover your losses with the release language conveniently placed on the back of the check in tiny print.
If this man had contacted an attorney experienced in serious injuries, he could’ve avoided this situation. He could’ve had the time and the resources to get the compensation he needed to cover his staggering medical bills. In my experience with cases like this, if the medical bills were all related to the accident, he should have received well into the six figure range as fair compensation. Don’t make this same mistake.
Hurry Up and Settle Your Claim…Or Should You?
So, now you know that the insurance adjuster isn’t working to help you but what other than recorded statements should you be looking out for? The adjuster may seem like he is in a hurry to settle your claim. And, of course, you comply because you are hoping the nightmare will be over. And wow, he or she is making this awfully easy and being really nice. But rushing to settle your claim may not help you get the right compensation.
What is really happening is that an adjuster is concealing that he knows injuries and losses from accidents don’t always surface until months—or years—after your accident. And he wants to settle your claim fast for three reasons:
- First, he knows you are likely confused because so many things are happening all at once.
- Second, he can settle the claim for a lowball offer because your injuries haven’t fully surfaced.
- Third, he doesn’t want to give you a chance to talk with an experienced attorney.
What if your back starts to hurt next week and you have to miss work? What if your neck injury becomes so bad that you need surgery? If you’ve already settled your claim, the response from your insurance company will be good luck since you already signed a release of liability.
An experienced serious injury attorney will know that you have to keep track of your injuries and losses until you are healthy again in order to get the fairest compensation. At our office, we offer a very unique accident diary for you to know what information is important to keep and which facts could be vital to the success of your claim. If you have been injured in an accident, it is crucial for you to contact an attorney who understands how to make the best claim possible.
Why Shouldn’t You Sign Anything After An Accident?
One of the most common mistakes I see every day is the inability for accident victims to truly understand what the insurance adjuster is trying to do. When you’ve been in an accident, keep in mind that the adjuster works for the insurance company. As sincere or sympathetic as they may seem, the adjuster is not there to help you. They want to gather the right evidence to minimize the money they must pay you.
One way that they do this is by getting access to your past records. An adjuster will give you a release that he or she asks you to sign so they can look at your medical records from the accident. If you sign the release, you are allowing the adjuster to not only access your medical files, but in most cases, any file from your past – medical, employment and driving records just to name a few.
It is therefore important not to sign anything before speaking with an experienced personal injury lawyer. In addition, whether you hire a lawyer to help you or not, be completely truthful about your past injuries and prior accidents. The insurance adjuster has access to all of this information and if you are dishonest, it can destroy your case.
Want to avoid this mistake and more? Contact an experienced personal injury attorney that knows these common traps and can help you navigate your way through the legal system and fight your battles for you.
What Is the Role of the Insurance Adjuster?
After you get into an accident, you are contacted by an agent from the insurance company. His job is to gather the facts and evidence from you, other witnesses, police reports, and hospital records to report back to his employer. The facts and evidence that he gathers are used to negotiate how much money you can receive when you turn in your claim for damages and injuries.
His job is to make the lowest offer possible.
I’m sure this comes as no shock. The insurance company wants to pay you as little as possible and the adjuster, as the company’s agent, gathers the knowledge to do so. Business is just business, after all.
Why is it important to speak with a lawyer after your accident?
Many things run through your mind after an accident. Am I or one of my passengers hurt? Is my vehicle damaged? Who should I call?
But there are many things that may be important to your situation that you are not thinking of.
• What should I say to the insurance adjuster?
• What will it cost me to miss days from work?
• Should I sign a medical lien?
• Should I be writing this information down?
You are not always thinking about the mistakes you could be making that could cause serious damage to your chances of getting a fair insurance settlement—and rightly so. You should always take care of yourself and your family’s needs first. Unfortunately, that may not be enough to get a fair settlement from the insurance company.
You also may damage your case by trying to interpret laws on your own. Insurance adjusters and their companies rely on your inability to understand the legal options. They usually try and settle a claim before it even goes to court. Is that really what is best for you and your family?
You may not always need an attorney for an accident, but at least knowing your rights is a vital step in recovering the time and money that you’ve lost after an accident. Your best bet would be to get a free consultation with an office that can determine whether your case requires serious legal counsel. Even if you don’t need a lawyer, do you really want to take the chance of not knowing?
Norm Stewart’s Granddaughter Killed in Auto Accident in Columbia
The granddaughter of legendary basketball coach Norm Stewart died in a car accident on Saturday in Columbia, Missouri. Around 3 a.m., Jennifer Stewart crashed into a tree at, what appears to be, a high speed. The vehicle caught file and Jennifer was dead when police arrived on the scene. According to police, Jennifer was not wearing a seat belt.
My thoughts go out to Jennifer’s family during this painful time. Jennifer was only 29 years old. Tragedies involving young people strike a certain chord in the hearts of parents everywhere. Since the crash did not involve any other drivers, it will be important for Jennifer’s family to look elsewhere for fault.
Until the final police reports come back, the cause of the accident cannot be properly identified but there are some other factors surrounding her situation. Jennifer was driving an older Jeep, which could be reason to suspect a deficiency with her vehicle. She was also driving a curve at the time of the crash which lends itself to many theories on the physical conditions of the scene.
Whatever the cause may be, it will be vital for Jennifer’s family to find it and get the proper justice for this tragedy. They would be well-advised to contact a personal injury attorney who specializes in traffic fatalities.
Texting Ban Goes Into Effect for Young Missouri Drivers
One month ago today, I wrote an article on the new texting while driving ban in Missouri. I also included the news in my newsletter. The law went into effect on Friday and it seems to not been met with much opposition. That is not to say there aren’t questions on where this law will take us—but mostly everyone can acknowledge that it is a dangerous habit.
More staggering statistics have been released in support of the law. According to an article from the Independence Examiner, a study showed that 80% of all traffic crashes involve some form of distraction to the driver. There is no doubt that texting is a distraction, considering the 5-10 seconds that is usually required when reading or sending a text.
Missouri is the 23rd state in the country to make a move against texting. And the ban carries real consequences—a fine of up to $200 and possible points on your license due to its status as a moving violation.
Perhaps the more staggering number is the amount of Google results I got this morning for “Texting While Driving Accidents in Missouri.” Page after page of results has news stories about accidents interlaced with news on the new law. As a serious injury attorney, I have paid particular attention to the damages texting while driving can cause.
If you have been the victim of an accident with a driver who was texting, there is now more solid ground for your defense. Because this is now a legal violation, it changes the nature of your case and the likelihood that you will receive fair compensation. If you have been in an accident, it is vital that you contact an auto accident attorney immediately.