Car Accidents

Motor vehicle accidents can be caused for any number of reasons, but the most common causes are speeding, not paying attention, distractions inside the car, including cell phones, driving too fast for weather conditions, failing to yield, and a failure to obey traffic signals.

In the U.S. alone, 2.7 million people were injured and over 36,000 were killed in motor vehicle accidents in 2018.

Please see “What Should I Do If I’m Hurt in an Accident”.

Yes. Insurance companies and at-fault drivers are prone to argue that if there is insignificant or even non-visible damage to an automobile in an accident, this automatically means that physical injury to the occupant cannot result. This is simply not true. Just as a person can walk away from a terribly damaged vehicle without any injuries, an occupant of a vehicle with little or no visible damage can sustain injury. When any motor vehicle is struck at any speed, forces are put in motion which can cause injury. Furthermore, some people are more prone to injury given pre-existing conditions such as spinal stenosis and degeneration, in which even a minor amount of force can cause an injury to become symptomatic and painful.

Common distractions inside a motor vehicle which can lead to accidents and collisions include cell phone use, adjusting a radio dial, children, eating and drinking, exhaustion, unfamiliarity with an area, text messaging, and applying makeup.

We should all encourage others to drive safely and to minimize any distractions while driving. First, you should know where you’re going and how you’re getting there. Second, you should never eat or drink inside your car. Third, we should all encourage others not to use cell phones while driving. Of particular concern is texting others while driving. Some municipalities and states have passed legislation banning such activity.

Anyone who contributes to causing a motor vehicle accident can be sued for damages. Missouri is a pure comparative fault state. This means that even if someone is 99% at fault, he or she can still recover 1% of his or her damages. Oftentimes, vehicles are owned or operated by businesses or used during the scope or course of employment. Under such circumstances, the owners of the vehicle can be pursued for damages via vicarious liability.

Recovery for injuries and damages in motor vehicle accidents depend on a number of factors. Such factors include but are not limited to, the liability of the parties, comparative fault, the nature and extent of injury, the amount of lost wages, credibility of witnesses, the underlying facts, insurance coverage, and the collectability of a judgment. Unfortunately, there is no mathematical formula that determines the value of each individual claim. However, when your damages become reasonably certain, Mr. Cox can discuss potential values with you.

Your first priority should always be receiving appropriate medical treatment. After this, it’s never too soon to contact an attorney. You must keep in mind that your case has a statute of limitations, or a time period within which you must file suit in court or be forever barred from any recovery. Even if you are well within the limitations period, timely legal advice can be critical.