Frequently Asked Questions

Truck Accidents

Traumatic brain injury (TBI) occurs when a sudden physical assault on the head causes damage to the brain. A closed injury occurs when the head suddenly and violently hits an object, but the object does not break through the skull. A penetrating injury occurs when an object pierces the skull and enters the brain tissue. Brain injury can happen in a car, fall or motorcycle accident. This type of injury most often occurs when sudden impact with a dashboard, window, a severe fall or outside object at high speed happens.

 

 

If someone you love has been killed in Missouri as the result of someone else's negligence, you may be eligible for compensation in a wrongful death claim. However, there are specific rules on who is eligible to make a wrongful death claim in Missouri. If you have questions on whether or not you can make a claim, you can get the advice of a wrongful death attorney.

The only person who can make a wrongful death claim is the deceased's personal representative. This representative must make the claim on behalf of the deceased's estate, and on behalf of each individual survivor. In this case, survivors may include:

  • the deceased's spouse,
  • the deceased's children;
  • the deceased's parents;
  • the deceased's blood relatives; and
  • in some cases, their adoptive relatives.

Under Missouri statutes, survivorship is to be determined at the time of the deceased's death. Furthermore, statutes specify what type of damages each type of survivor may recover. In a Missouri wrongful death claim, damages may include the deceased's medical expenses, their funeral and burial costs, and specific losses that were suffered by the survivors.

If you want to file a wrongful death claim or want to know more about who can act as a deceased's personal representative, call us for a FREE case review at 314.344.0800.

You have already been in an accident, sustained serious injuries, and may be unable to work. Now your credit could also be damaged because you can’t pay your medical bills.

If you have sustained injuries in any kind of accident, then you are bound to have thousands of dollars in unpaid medical bills. But the fact is, no matter who was at fault, you are still accountable for your medical bills. If your bills go unpaid, your credit could be damaged.

If you have health insurance, then you need to ensure that your bills are paid through that policy, as health insurance companies receive a discounted rate on services provided. Your insurance company will then be reimbursed from your settlement, leaving more money for you.

If you do not have health insurance, then you need to contact a St. Louis accident attorney at Castle Law Office-314.344.0800. These situations can be very complicated, and you don’t want to be stuck with medical bills that should be paid by the negligent party.

Not necessarily. It is not always clear what has truly happened after an accident. In some instances, it may look as if the driver was not wearing a seat belt. If the seat belt was defective, however, it may have come off during the accident, leading to the death of the driver. That is why it is essential to keep the car for proper inspection after an accident. Not everything is as it seems when it comes to accidents. It is always best to contact an attorney experienced in auto defects to truly understand what may have happened during an accident and if you are entitled to compensation.

A: No, you need to be patient. Even if you think a quick settlement will help you pay off your bills, it is in your best interest to give it some time. Waiting will help you make sure you've made all the right moves.

A: Different states have different time limits on how long after an accident you can pursue your claim. An experienced injury attorney can help you make sure you file a claim in time, so you receive the treatment and care you deserve.

A: Yes! You need to take note of anything you saw the other driver doing while driving. If the other driver who caused you to get into a car accident was driving distracted taking note of this can help prove details in your Missouri car accident case.

A: Missouri, as well as many other states throughout the nation, have laws that prohibit the idling of tractor trailers and other vehicles for more than a few minutes at a time. Many of these laws were enacted to prevent the spread of dangerous emissions, as well as to cut down on the amount of fuel that is wasted form idling.

But for many of these states, there seems to be a catch-22. While cutting down on emissions is an important issue, so is the quality of sleep that truckers are receiving. By not allowing truckers to idle their trucks during sleep periods, they could be exposed to dangerous temperatures and unfavorable conditions, which may lead to a lack of quality sleep. This lack of sleep may then be apparent when the driver is behind the wheel the next day. It can contribute to a lack of focus, irritability, and an increase in Missouri tractor-trailer accidents.

In Missouri, it is true that truckers are not allowed to idle for more than five minutes per hour, except in certain circumstances. One such circumstance is when they are on a government-mandated rest period. This way, truckers receive the adequate amount of sleep that they need to drive safely on the roadway the next day.

If you have been injured by a tired trucker, you need to consult with a Missouri injury lawyer.

A: According to the National Highway Traffic Safety Administration (NHTSA), there are three types of distractions:

  • Visual: Taking your eyes off the road.
  • Manual: Taking your hands off the wheel.
  • Cognitive: Taking your mind off the road.

Distracted driving is defined as any non-driving activity that a person engages in while operating a motor vehicle. This includes things like texting, talking on a phone, eating, and daydreaming. In a nutshell, distracted driving consists of anything other than the necessary actions for driving your car.

The NHTSA has found that 80 percent of accidents are caused by some sort of driving distraction. Most of the time, these accidents occur when someone reaches for something while the vehicle is moving.

The NHTSA is currently trying to combat the problem of distracted driving by implementing its new multi-year Distraction Plan and Research Agenda. It will further examine driver communications and electronic devices, like cell phones and GPS systems, to learn more about how the distractions from these devices affect the driver, as well as what can be done to help alleviate the problem.

A: A truck driver must keep in mind many things while on the job, one of which is safety. If a truck driver fails to take all of the necessary safety precautions, then you can be severely injured or killed. It's important to contact a Missouri injury attorney if you have been injured by such negligence.

Truck drivers often change lanes when they see a car on the side of the road for safety reasons. Many things can happen when people are nervous and stranded on the side of the road, such as an individual not paying attention to oncoming traffic and opening a door when a truck is coming. Obviously, this can cause severe injury or major vehicle damage.

Another reason why trucks often move over is because many drivers don't realize how difficult it is for trucks to slow down. If a car pulls into traffic in front of a truck, the trucker may not be able to stop or slow down in time to prevent an accident. This is also the reason why trucks need room to move to the left when slow traffic is merging onto the freeway.

 

A: First of all, if you have been seriously injured from crashing into a tractor trailer in Missouri, you need to speak with a St. Louis truck accident attorney. Without knowing the specific details of the situation, it is hard to determine what can be done in this case. However, there should have been no way that you didn't see the truck.

The National Highway Traffic Safety Administration (NHTSA) requires semi trucks to be outfitted with red and white retroreflective tape along the bottom of the sides and rear of the trailer. This tape has proven to be very helpful in preventing accidents, as it is easily illuminated by headlights, thus notifying approaching motorists of a truck's presence in the dark. If the truck in question was not outfitted with this tape, then you may be able to seek compensation for your injuries.

A: If you have been injured in a Missouri truck accident, you should not try to handle the case alone. Before speaking with the trucker's insurance company, you should speak with a Missouri accident attorney.

By first speaking with an accident attorney, you can get a good idea of how Missouri tractor-trailer accident cases are handled. you are probably not very familiar with

A St. Louis accident attorney at Castle Law Office will talk with you for free, letting you know what to expect from the case. An attorney will tell you how these cases normally proceed, what your rights are, and whether or not you even need a lawyer.

A Missouri injury lawyer can help you in many ways.

  • You will have the burden of dealing with every aspect of the accident case lifted from your shoulders.
  • An attorney will help to protect your rights and ensure that you do not do anything that will hinder your chances of receiving a fair settlement.
  • You will have access to experienced accident investigators, who will ensure that your wreck is immediately reconstructed and all available evidence is obtained.

The trucker has a team of experts fighting on his or her side, and so should you. Contact Castle Law Office to speak with a St. Louis truck wreck lawyer today.

A: Not only do you not have to talk to the other driver's insurance company, you should not talk to them without first consulting with a Missouri accident attorney.

Insurance adjusters may seem like nice people who really want to help, and this is exactly what they want you to think. Now, I'm not saying that insurance adjusters don't care or are inherently bad people, but the thing to understand about insurance adjusters is that they have a job to perform. And that job is to settle your case for as little as possible in order to protect the assets of the insurance company.

In order to do this, they may try to paint a different picture of how the accident actually happened, may try to make you admit responsibility and may try to make you feel guilty for the outcome.

A: In Missouri, it is not illegal to text or talk on the phone while driving, unless you are under the age of 21. However, a new ban, proposed by the Federal Motor Carrier Safety Administration, may prohibit the use of hand-held cell phones throughout the nation, regardless of state laws. This ban could reduce the number of Missouri tractor-trailer crashes, making our roadways safer for everyone.

Although it is not illegal, it is still a good practice to limit your cell phone usage while on the road. Anything that takes your focus away from driving can be extremely dangerous and could lead to a catastrophic Missouri car crash.

If you or someone you love has suffered serious injuries in a Missouri auto accident, then you need to speak with an attorney. Contact Castle Law Office to speak with a St. Louis accident attorney about your case.

A: Because of the sheer size and weight of a tractor-trailer, a Missouri truck crash could leave you with substantial injuries. A big-rig wreck is much different than a crash with another automobile, because more people could be held liable for your injuries, including the:

  • Truck driver
  • Tractor-trailer owner
  • Maintenance company
  • Driving agency
  • Loading company
  • Shipping company
  • Vehicle and parts manufacturers
  • Federal, state, and local road authorities

If you or someone you love has suffered serious injuries in a Missouri 18-wheeler accident, then you need to speak with an attorney as soon as possible. Call Castle Law Office at 1-866-990-8989. Our St. Louis truck crash lawyers will fight to ensure that you receive the compensation you deserve.

 

St. Louis and Missouri Attorney, James R. Brown of Castle Law represents personal injury cases involving car accidents, vehicle accidents, motorcycle accidents, pedestrian, bicycle accidents, slip, trip and fall accidents, medical malpractice, wrongful death, and child injury.