Missouri has a large amount of traffic rules and laws1 that all drivers on the road are expected to follow. If a driver violates a traffic law and is caught by a law enforcement officer, that driver may receive a citation and have to pay a fine or go to criminal traffic court. However, if violating a law resulted in a driver causing an accident and injuries to other motorists, they may also face serious financial consequences in civil court, as they will likely have to compensate injured victims for all of their losses.
What is “Negligence Per Se”?
When you file a personal injury claim against another driver, you must prove that the driver was negligent, which means you must present evidence showing the following:
- The driver had a duty of care to drive in a safe manner.
- The driver failed to do so.
- The failure caused your injuries.
Collecting and presenting evidence of negligence can be challenging in some auto accident cases.
However, when a driver is cited for violating a law following an accident, a legal doctrine comes into play called “negligence per se.”2 This doctrine holds that, by violating a safety law and causing injury, the driver should be found to be automatically negligent by the court. In such cases, the citation would be the only necessary evidence of negligence, and you would then only have to focus on providing evidence of your accident-related losses. In this way, an auto accident case can become simpler if the other driver is cited for breaking a traffic law.
Call the Bruning Law Firm in St. Louis for a Free Consultation with an Auto Accident Attorney Today
Drivers who break the law should be held accountable for any injuries or other damages you suffered as a result. The personal injury lawyers at The Bruning Law Firm in St. Louis know how to use traffic citations of other drivers to help you auto accident case go more smoothly and to increase your chances of recovery. Call us today to discuss your cases at 314-735-8100.
LET US GET STARTED ON YOUR ST. LOUIS CAR ACCIDENT CASE TODAY
If you or someone you care about has been seriously injured in an auto accident, contact The Bruning Law Firm today. We provide the comprehensive, professional legal representation you deserve at a time when you need it most.
Call or contact our office online today to schedule a free consultation.
References:
- http://law.justia.com/codes/missouri/2011/titlexix/chapter304
- https://www.law.cornell.edu/wex/negligence_per_se
