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Car Accident Negligence

St. Louis Car Accident 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
  • Tailgating
  • Driving while intoxicated

Contributory Negligence

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.

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