St. Louis Negligent Truck Driver Accident Lawyers
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If you have been injured by the driver of a commercial truck, you may be able to receive monetary damages if the other driver was at fault. In some cases, the insurance company representing the driver will simply pay for the damages without a fight. That happens far too infrequently, though, because the job of a big corporate insurance company is to limit payouts. Instead, they may claim that they are not at fault.
In most car crashes, the driver at fault was not intentionally trying to hurt another driver. Instead, the injured party is trying to prove the driver was “negligent.” Depending on how you break it up, there are generally four elements to proving a negligent driver accident case. First, you must prove there was some duty owed to the injured person. In a car crash, it is usually taken as fairly obvious that a driver has a duty to the people around her to drive safely. Second, the injured party must prove the duty was breached. Third, the person who was injured must show that the driver caused harm that he is legally responsible for. Finally, the injured party must show that he suffered actual damages.
The Dixon Injury Firm can help to guide you through this complex legal process. As skilled negligent truck driver accident attorneys in St. Louis, we have everything you need to help you seek fair compensation.
Call us at (314) 208-2808 to get started with a free case review.
Determining Reasonable Action
In a car crash case, all of the primary concerns tend to boil down to a question of whether the driver acted like a reasonable person would under the circumstances. The Restatement of Torts, which is a good source of the law in this area, says in Section 283 that for any adult, “the standard of conduct to which [a person] must conform to avoid being negligent is that of a reasonable man under the circumstances.” Juries, which are made up of a group of people from a community, will be usually asked to look at the facts of the case and determine if the driver met this “standard of conduct.” For example, was the driver going too fast on a foggy day? Or was the driver unsafely distracted by trying to change the radio station?
Is it Negligence Per Se?
There is also a concept in the law that someone violating a criminal law is indisputably acting negligently. This is called negligence per se. This rule is laid out very clearly by the Missouri appellate courts in a car crash case called King v. Morgan. That was an incredibly disturbing case where a surveyor was working on the side of a road and a when a truck came by with a bulldozer on the back positioned so that its blade stuck out almost three feet. That blade hit the surveyor causing severe injuries to his head, left shoulder, and left arm.
The injured surveyor argued that the truck driver was negligent per se, because he violated Missouri’s law in Statute Section 304.170 that limits the width of a vehicle. For that to be negligence per se, the court needed to find that: (1) the law was violated, (2) the injured person was the type intended to be protected by the law, (3) the injury was the type intended to be prevented by the law, and (4) breaking the law caused the injury. The court said that the definition of negligence per se was met, and the jury should be allowed to decide if driving the truck in violation of the law caused the injuries to the surveyor. This decision shows why a good lawyer will always look for traffic violations that make it easier to prove negligence.
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Our St. Louis negligent truck driver accident attorneys have a complete understanding of the most up-to-date Missouri traffic laws and statutes, and can use this knowledge to defend you and your loved ones during this trying time. We are prepared to fight to ensure that you and your family are adequately compensated for your lost time and injuries, as well as make sure your health and financial future are properly cared for.
Contact The Dixon Injury Firm today to speak with a member of our team.