Speeding is dangerous and deadly. If you were the victim of a speeding car accident, the negligent driver should be held responsible for their actions.
Dealing with the fallout of an accident, such as painful injuries, mounting expenses, and lost wages can be painful, frustrating, and overwhelming. When you should be focused on healing, you’re likely feeling overwhelmed by your financial burdens.
The car accident attorneys from OnderLaw, LLC can help you get through this difficult time. Our award-winning attorneys have been representing clients in your situation for decades and have won millions on behalf of our clients. We can help you, too.
Call us for a free, no-obligation consultation at (314) 963-9000. We’ll get you back on track.
What to Do if You’re in an Accident
When you’re involved in a car crash, you may feel disoriented and confused. Here is a list of things you should do following an accident.
The first thing you should do is call 911. Or if you’re unable to call, ask someone else to. Missouri law requires reporting all auto collisions if there’s an injury, fatality, or property damage over $500. If you don’t report it and drive off or walk away, that’s known as a hit and run, which is illegal.
After calling an officer to investigate the crash site, you should also take care of the following steps:
- Request a copy of the traffic crash report written by the investigating officer on the scene.
- Obtain the other driver’s name, phone number, and auto insurance information. If he or she was speeding and that’s what caused the accident, you could seek compensation from their insurance carrier.
- Take photos of the accident scene. Include pictures of skid marks, debris, your injuries, and any damage to all vehicles involved.
- Go to a hospital or urgent care facility immediately. Don’t wait for days or weeks before undergoing a medical evaluation. Treat any injuries promptly and continue treatment as long as your doctor recommends it.
- Maintain all records involving the speeding accident and harm that resulted from it. Keep receipts from prescribed medication, records from doctor visits, and records of time away from work while you were recovering.
- Notify your auto insurance company.
- Contact a lawyer right away. They will help you file a liability insurance claim with the at-fault driver’s insurance company and handle the details of your case.
Consequences of Speeding
Accidents caused by one or more drivers traveling at a high rate of speed can lead to debilitating injuries. The most common injuries include:
- Traumatic brain injury
- Broken bones
- Nerve damage
- Spinal cord damage
- Back injury
Some of those injuries are known as catastrophic injuries. They can cause permanent damage that negatively impacts your life, including your ability to perform routine tasks and return to work.
Anyone involved in a devastating situation like that needs to work on recovering and adjusting to their new lifestyle. It’s a struggle for anyone to deal with on top of worrying about additional expenses.
How Much Money Could I Get from a Speeding Accident Settlement?
The settlement amount you’re entitled to should reflect your total amount of financial losses and other damages incurred. Damages include costs resulting from your auto accident that someone else caused.
The damages injured individuals usually claim for a settlement include medical bills, lost income, and vehicle repairs or replacement. Additional damages most people are unaware they can receive compensation for are physical and emotional pain endured because of the injuries.
The factors that determine your settlement amount include:
- The nature and extent of your injury
- Medical expenses from necessary treatment
- Physical or emotional distress experienced after the accident
- Permanent injuries, such as disfigurement, scarring, or paralysis
- Duration of the recovery period
- Daily lifestyle impact, such as inability to return to work, perform routine tasks, and complete household chores
Some factors could result in a low settlement amount. If someone else’s speeding caused the accident, you could still seek compensation. However, if you sustained a minor injury requiring little treatment, you’ll most likely receive a low settlement offer.
The various factors that could minimize your compensation include the following:
- Minor injuries, such as a sprain or bruise
- Short recovery period
- Treatment received by a non-M.D. provider
- Lack of a permanent injury
- No long-term emotional or physical problems caused by the accident
- You share some fault for the crash occurring
Missouri follows a pure comparative fault rule. That means your maximum compensation depends on how much blame you share for the accident. If your total damages equal $10,000, but you share 15% fault, you can only receive up to $8,500 in compensation. The percentage of shared responsibility gets subtracted from your total damages.
Can I Sue the Speeding Driver?
It’s possible to bypass an insurance claim and file a lawsuit against the negligent driver. If you’re considering suing the person responsible for your injury, you need to make sure you have substantial evidence against them.
A lawsuit is more complicated to navigate than an insurance claim. There are strict deadlines you must follow. You also have to participate in things like a deposition, mediation, and medical exam by the other party’s chosen doctor.
It’s possible to settle before your case ever goes to trial; however, if it doesn’t, the jury would end up deciding your financial award. All the factors reviewed for an insurance claim also get considered in a lawsuit.
There’s a statute of limitations for seeking compensation from an auto accident in Missouri. You only have five years from the date of the collision to bring legal action against the driver. If five years pass, you lose your right to sue.
Even though five years may seem like a long time, it takes time to gather evidence that proves the other party’s negligence. If you file a lawsuit without sufficient proof, the case could get dismissed, and you end up wasting your time and resources. You must plan for the time constraint accordingly.
How Much Are Legal Fees for a Speeding Accident Case?
A lot of people decide not to hire a lawyer because they don’t think they can afford it. They worry about their current medical expenses and the stress of adding legal fees on top of that.
OnderLaw, LLC doesn’t want to add to your financial burden. We offer an initial case evaluation free of charge. You can meet with one of our attorneys to discuss your accident and receive sound legal advice. We’ll review the details and determine if pursuing an insurance claim or a lawsuit is the right choice for you.
If you choose to hire us, you won’t have to pay any upfront fees or costs. We work on contingency. That means we don’t get paid unless you get paid. Whenever we reach a settlement agreement or win your case in court, we take a percentage of the compensation. If we’re unable to secure a favorable financial award, you won’t owe us anything.
Do I Need a Lawyer?
It’s a good idea to seek legal representation if you were the victim of a speeding accident. Accidents like these often cause severe injuries. Undergoing consistent medical treatment leads to expensive medical bills. You have a better chance of winning your case with an experienced lawyer by your side.
When you hire OnderLaw, LLC, we will help you navigate the complicated legal road. You can depend on us to take care of everything for you. A lawyer can file an insurance claim or lawsuit on your behalf and submit all the evidence related to the accident.
We’re familiar with Missouri laws related to speeding accident cases. We make sure never to miss a deadline and aggressively fight to maximize your settlement. You can feel confident knowing you and your case are in great hands.
What if a Loved One Died because of a Speeding Driver?
If your immediate family member suffered an injury in a car wreck that resulted in death, you could file a wrongful death claim. An immediate family member includes a surviving spouse, child, grandchild, or parent. If there are no surviving members of the family, a sibling could bring their wrongful death case to court.
You could seek compensation for damages related to the loss of your loved one, including:
- Funeral and burial costs
- Medical bills resulting from the deceased’s final injury or illness
- The total amount of wages and benefits the victim would earn if he or she had not died
- Your loved one’s pain and suffering experienced right before their death
- The value of any services the deceased provided to surviving family members, such as support, companionship, guidance, counseling, etc.
Unlike damages in an auto accident case, Missouri law places a limit on the damages for wrongful death cases. Actual expenses, such as medical bills, are limitless. However, you’re only allowed a maximum of $350,000 for losses, such as pain and suffering.
If you choose to pursue a wrongful death lawsuit as opposed to an auto insurance claim, the statute of limitations is three years. You only have three years from the date of your loved one’s death to sue the driver.
Schedule Your Free Consultation with OnderLaw, LLC
Call us at (314) 963-9000 today to schedule your initial consultation. We believe in seeking justice for victims of speeding auto accidents. The other person should suffer the consequences of their poor decisions.
Don’t try to handle your case yourself. Let us help you recover the maximum settlement available. We use our experience and knowledge to hold others accountable. Whether your case is small or big, you can count on us to fight resolutely for your needs.