Car Accident Negligence
St. Louis Attorneys Explain Your Right To Safety
Negligence is a failure to exercise reasonable care in a situation. This
standard of "reasonable care" implies that under normal circumstances,
a person is cautious and attempts to avoid the risk of a potentially dangerous
scenario. It's simply acting careless and is not considered intentional
harm. Negligence can occur in a variety of forms including:
- A momentary lapse of attention that causes a driver to rear-end another
car or cross lanes
- Disobeying traffic signals or signs
- Failing to signal when turning or changing lanes
- Driving above or below the legal speed limit
- Disregarding the weather and/or traffic conditions
- Driving while intoxicated
Essentially, when a defendant claims contributory negligence, he/she is
saying the plaintiff was also negligent and contributed to the accident.
In a situation when both the plaintiff and defendant are found to be negligent,
the jury may find that the plaintiff's negligence contributed to 30%
of the accident. Based on this percentage, the injuries and damages sustained
by the plaintiff are reduced by 30%. In a scenario where the plaintiff's
contribution reached 50%, the plaintiff is found equally at fault and
the lawsuit is denied.
Assumption of Risk
The defendant can negate any claims for negligence if he/she can show that
the plaintiff chose to enter into the dangerous situation fully aware
of the potential hazards. This implies intentional behavior and dismisses
the As a result, the lawsuit is denied.
Millikan Wright, LLC Personal Injury Attorneys
Negligence is a complex area of law so leave it up to the experts at Millikan
Wright, LLC. If you have been injured in a car accident, speak with an
experienced personal injury lawyer to learn your rights. Don't let
your insurance agency push you around and receive the compensation you deserve.