• Personal Injury
• Car Accident Negligence

Car Accident Negligence

Negligence is simply doing something a normal or reasonable person would not do, or failure to act in a way an ordinary or reasonable person would in similar circumstances. This standard of "reasonable person" basically implies under normal circumstances, a reasonable person is cautious and will use care to avoid the risk of injury to himself and to others. This broad definition of negligence encompasses many possibilities including:

• A momentary lapse of attention which may cause a driver to rear end another, cross a center line, fail to yield , or run a stop sign
• Disobeying traffic signals or signs
• Failure to signal when turning or changing lanes
• Driving above or below the speed limit
• Disregard for weather and/or traffic conditions
• Tailgating
• Driving while intoxicated

Contributory Negligence

Essentially, when a defendant claims contributory negligence, he/she is saying the plaintiff was also negligent and may have contributed to the accident. In a situation when both the plaintiff and defendant is found to be negligent and this negligence resulted in an accident, the jury in the case 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 will be reduced by 30%. In situations where the plaintiff's contribution reached 50%, the plaintiff would be found equally at fault and the lawsuit will be denied.

Assumption of Risk

The defendant can negate any claims for negligence if he/she can show that the plaintiff chose to enter into a dangerous situation fully aware that the situation was risky. Since this implies intentional and not negligent behavior, this rarely applies in car accident claims, but in appropriate situations, this may be asserted by defendants.

Obviously personal injury can be a complex area of law. If you or a loved one has been injured in a car accident, you should speak with an experienced injury lawyer to learn how the law applies to your specific incident. If you work with the insurance company on your own, you may end up waiving your rights to future compensation and further legal action - especially if health problems develop later that are related to the car accident.

Contact us online or call 314-621-0622 for a FREE Consultation and learn how the law applies to your specific situation. Our unique combination of experience and education can make a difference.