Car Accident Risks in Southeast Missouri

Drivers are always at risk of accidents, and the area surrounding Cape Girardeau, Poplar Bluff, Sikeston, and Scott City has unique risks.

Some of these include:

• Collisions with commercial trucks or speeding drivers on I-55 or I-57
• Crashes in the Central Junction intersection
• Parking garage or lot accidents, such as at West Park Mall

No matter where you are in the Cape area, you can find your day completely disrupted by a collision and injuries. You want help from a SEMO car accident lawyer who understands the risks and can help evaluate your rights.

What to Do If You’re in an Auto Accident

If you feel anything out of the ordinary, you should get a medical evaluation. This is true even if you cannot see any injuries, as you might have internal injuries, including soft tissue damage or a brain injury. Medical care ensures that you begin treatment as soon as possible, as well as documents the injuries you sustained in the crash for claim purposes.

Next, reach out for legal help from a SEMO car accident attorney. While hiring an attorney might seem stressful in an already difficult time, hiring a lawyer from the start will reduce the stress you feel. We can begin seeking compensation as quickly as possible and handle every step of your case.

What Not to Do If You’re in a Car Accident

There are also some things you should never do after an accident.

Some of these are:

• Don’t apologize—to anyone for anything, as others might interpret it as an admission of guilt.
• Don’t give a recorded statement to any insurance company—you don’t want to be bound to whatever you say in that statement without consulting an attorney first, and it is too easy to say something that jeopardizes your claim.
• Don’t accept the first settlement offer—insurance company lawyers and adjusters are well known for presenting lowball first offers in hopes that your need for money and emotional stress will lead you to accept.
• Don’t talk about your accident on social media – insurance companies have investigators who might access your profiles and use the information they find to challenge your claim.

Any one of these can be used against you in settlement negotiations and, even worse, in court. Protecting yourself from these kinds of mistakes is one of the primary reasons for consulting an attorney very soon after your accident. Once you retain a lawyer, only that lawyer will speak with the lawyers on the other side.

Common Causes of Car Accidents in Southeast Missouri

Many factors might contribute to an automobile accident, but generally, car accidents result from one or more drivers’ careless or reckless behavior. The National Highway Traffic Safety Administration lists the following as common causes:

• Distracted driving has become the fastest-growing cause of accidents. It includes texting, using a hand-held device, eating, applying makeup, and using directional or entertainment devices. Reading a text takes your eyes off the road for approximately five seconds, which is plenty of time to hit another vehicle or pedestrian.
• Speeding or driving too fast for conditions, including weather, construction, and traffic
• Driving while intoxicated (DWI) by drugs or alcohol
• Fatigue can be as dangerous as drugs or alcohol
• Aggressive driving and road rage

Missouri law requires that all drivers carry auto insurance. Since Missouri is a fault-based insurance state, the insurance company of a driver who engaged in any of the above actions should cover the losses of any accident victims.

You must take action to seek the compensation you deserve, however, and our legal team can help with the insurance claim process. If a driver does not have insurance, you might need to file a claim with your uninsured motorist coverage, and you should still have the assistance of an attorney for this claim.

Typical Injuries in Car Accidents

You should always obtain medical care after a car accident. Many injuries sustained in a vehicle accident do not present as serious initially but may still cause serious and lasting harm. What you think of as a slight headache may be a not-so-minor concussion. Be sure to consult a healthcare professional and follow whatever treatment protocol you receive.

Typical injuries in car accidents include:

• Head injuries and concussions, with the potential for traumatic brain injuries potentially causing loss of cognitive and motor function. Even seemingly mild brain trauma can result in potentially fatal complications, as the term “mild” relates only to the initial symptoms and not to your overall prognosis. Traumatic brain injuries that medical professionals may deem mild can still be severe injuries resulting in serious and lasting effects and complications. If the healthcare professional diagnoses you with any type of TBI, you should remain on the watch for any symptoms of complications or lingering effects.
• Neck and spinal cord injuries, which can result in loss of motor function and paralysis; even whiplash can result in long-term pain
• Dislocated shoulders, hips, pelvis, and knees
• Sprains, strains, and tears in muscles and tendon
• Severe cuts, abrasions, and lacerations, including amputations
• Severe burns causing scarring or disfigurement
• Bruised or broken bones, particularly leg, pelvis, rib, and shoulder fractures

Whatever your medical symptoms (or lack of symptoms) after an accident, you should always seek medical care. The healthcare professionals will see more than you do and will recognize injuries that may be more serious than they seem on first impression. Once you have seen a physician, be sure to complete whatever care the doctor prescribes. The other side’s attorneys can minimize your injuries if you fail to do so.

Typical Damages in a Car Accident Case

There are potentially three kinds of damages that you may be able to recover in a car accident settlement or award. These are economic damages, non-economic damages, and punitive damages. Punitive damages punish the at-fault party and are paid to the injured party on top of compensatory damages. Courts rarely award them.

Some states cap damages in personal injury cases. Missouri only caps non-economic damages in medical malpractice claims or personal injury claims against certain governmental entities.

Economic Damages

Economic damages are those damages that represent an easily verifiable out-of-pocket loss or actual expenditure by you.

They include:

• Hospital and medical expenses
• Loss of earnings or wages
• Loss of business opportunity
• Rehabilitation Expenses
• Drugs and medical supplies
• Property damage or loss of property
• Rehab or assistive staff wages

Non-Economic Damages

Non-economic damages are more subjective and more difficult to prove than economic damages.

Among these non-monetary losses are:

• Pain and suffering
• Loss of earning capacity
• Emotional distress
• Loss of society and companionship
• Loss of consortium
• Loss of enjoyment of life

Punitive Damages

As noted above, punitive damages, as the name implies, are imposed to punish the defendant and deter others from the same conduct. To recover punitive damages, the plaintiff must receive more than nominal damages in the case at issue.

If more than nominal damages are awarded, then plaintiffs can receive punitive damages only where they prove by clear and convincing evidence—a higher standard than applies in the injury case itself—that the harm resulted from the defendant’s actual malice. In other words, the plaintiff must show that the “defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others.”

Southeast Missouri Car Accident FAQs

Below are some examples of questions our clients and potential clients ask. If you have questions about your specific case, please reach out to our office directly as soon as possible.

Contact Our Cape Girardeau Car Accident Lawyers Today

If you need a vehicle accident lawyer in Southeast Missouri, contact the firm of Cook, Barkett Ponder & Wolz today or call us at 573-410-7948 for an initial consultation and no-cost case evaluation.

As a firm, we have decades of experience handling car accident cases. Let us bring this skill and knowledge to bear on your case, whether it requires negotiating a settlement or going to court. We will work to obtain the best possible recovery available for you.