Negligence: Causes of Car Accidents

Hire an attorney for your car accident injury claim who knows the law and is familiar with the court system. St. Louis Car Accidents

Negligence comes in many forms in car accidents. In St. Louis, law firms handle violations of the rules of the road that have resulted in a car accidents or car crashes. Most of the “rules of the road” as we call them are based upon laws or statutes. If you violate a law or a statute and cause an accident, the injured party in the car accident has a cause of action for Negligence Per Se. Under the Doctrine of Negligence Per Se, a violation of a statute or traffic ordinance resulting in an auto accident is considered a form of negligence and a violation of a vehicle operators duty of care. An attorney presenting a car accident case must still submit on:

  1. Causation
  2. Damages, in addition to having provide proof regarding the Negligence Per Se of the defendant driver causing the car crash.

Defendant drivers and their attorneys in a Negligence Per Se cause of action can submit defenses such as:

  1. Plaintiff’s failure to stop, swerve, slacken speed or sound the horn
  2. Plaintiff’s failure to keep a careful look out
  3. Plaintiff’s failure to mitigate or minimize their injury by refusing medical treatment
  4. Defendant has a reasonable excuse for the violation of the law or ordinance.

Because of the 4th defense, an attorney or lawyer handling a car or auto accident injury case should never submit on Negligence Per Se alone. Always hire and attorney with experience. It matters. Hire an attorney for your car accident injury claim who knows the law and is familiar with the court system.

photo credit:jeffwilcox

Successive or Concurrent St. Louis Car Accidents

Our sole focus is on helping the victims of car accidents receive full and fair compensation. St. Louis Car Accident Lawyer

There are many examples of St. Louis car accidents where two or more cars collide into your vehicle or simultaneously cause a collision. Commonly these are called successive or concurrent car accidents. As a car attorney in St. Louis, having to deal with successive or concurrent collisions is difficult. You can imaging have to articulate the percentage each car accident or impact contributed to the damages and injuries of the plaintiff.

In St. Louis and throughout Missouri, case law has come up with a solution called the Indistinguishable Injury Doctrine. In the event of a concurrent or successive car accident where two or more vehicles, in combination, cause one indistinguishable injury to the plaintiff, then either or both defendants are liable for the entire injury caused by the multiple automobile accident impacts. This doctrine is applicable for multi-impact car crashes even if the defendants act independently. Any one act might not have caused the whole injury, or one impact might have caused it all.

Your St. Louis car accident attorney must know the law. Although in these cases the injured party and their attorney may have the option of suing any one or all of the defendants separately or all together jointly, the practice of splitting the claims may bar subsequent or later claims. As a car accident victim with injuries, your attorney should never put you at risk. Claims should always be filed jointly.

St. Louis Car Accident Lawyer

If you or a loved one has been the victim of a car accident, contact the Hoffmann Law Firm for a free and private consultation at (314) 361-4242.

photo credit: digitizedchaos