Missouri Car Crashes: Negligence of the Other Driver When Given Citation

Negligence per se is a legal doctrine used in Missouri car crash cases where a driver's violation of a traffic law is considered evidence of negligence. Here's a breakdown of the elements you'd need to establish to claim negligence per se in your Missouri car crash case:

Elements of Negligence Per Se:

  1. Statutory Violation: There must be a clear violation of a Missouri traffic statute or ordinance. This could include things like speeding, failing to yield, running a red light, driving under the influence (DUI), or following too closely.
  2. Class of Person Protected: The violated statute or ordinance must have been enacted to protect the class of people you belong to. For instance, speeding laws are designed to protect all drivers and pedestrians on the road.
  3. Type of Harm: The injury you suffered must be the type of harm the violated statute or ordinance was intended to prevent. For example, a statute against following too closely aims to prevent rear-end collisions. 
  4. 4. Proximate Cause: The violation of the statute must be the proximate cause of your injury. This means the violation must be a direct and substantial factor in causing your accident and injuries.

Important Considerations:

  • Not Automatic Liability: Even if you establish all the elements of negligence per se, it doesn't automatically guarantee you'll win your case. The at-fault driver might have a defense, such as sudden emergency or unavoidable accident.
  • Comparative Fault: Missouri follows a comparative negligence system. This means any fault you share for the accident will be deducted from your damage award.
  • Traffic Violations Not Always Applicable: Not all traffic violations qualify for negligence per se claims. Minor infractions or parking violations typically wouldn't apply.

Benefits of Negligence Per Se:

  • Easier to Prove Negligence: In negligence per se cases, you don't have to spend time and resources proving the other driver acted unreasonably. You just need to establish the statutory violation and its connection to your injuries.
  • Stronger Case: Evidence of a traffic violation strengthens your case and can make it more difficult for the at-fault driver's insurance company to deny your claim.

Here are some resources that can help you with further research:

  • Missouri Code of State Regulations - Chapter 115 - Traffic Rules: https://revisor.mo.gov/main/OneSection.aspx?section=304.015 (This website provides the official Missouri traffic laws)
  • Finding a Personal Injury Lawyer in Missouri: https://mobar.org/ (The Missouri Bar Association website can help you find a qualified personal injury lawyer in your area)

Disclaimer: This analysis is for informational purposes only and should not be considered legal advice. It's always recommended to consult with a qualified personal injury lawyer in Missouri to discuss the specifics of your car crash case and determine if negligence per se applies to your situation.

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