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

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s