All Missouri injury lawyers know that along with liability, the concept of "Duty of Care" is an important factor when attempting to negotiate a fair auto accident settlement. Duty of Care is a core concept, one that allows our society to keep functioning.
This phrase refers to our obligation to behave in a way that will not cause injury to anyone else. As a part of this responsibility, we must obey the law, and act in a manner that doesn't impose on others' safety.
It is easy to apply this concept to driving. When behind the wheel, we have a duty of care to follow the speed limit. We also have a duty of care to avoid driving when we're under the influence of alcohol or drugs. We all know that making irresponsible driving choices can create serious consequences for other drivers, or even the other passengers in our car.
If duty of care is not upheld, that infraction is known as "breach of duty." In the case of car crashes, there is a clear breach of duty if someone fails to use a turn signal, to stop at a stop sign, to obey the speed limit, etc.
In a Missouri personal injury claim, the party who committed the breach of duty is negligent and therefore liable for the auto accident.
In most traffic accidents, there is a duty of care that applies, but it isn't always related to another driver: perhaps the city failed to fix a road, for example. Sometimes, accidents happen when there is no breach of duty at all--just an unfortunate accident caused by circumstances that couldn't be controlled (i.e., bad weather, etc).
Even after it's been established that someone's breach of duty caused an injury accident, that is not the end of the subject. Causation is another factor that must be considered: the attorney or insurance company representing the at-fault driver will try to prove that some of the fault was not their client's. This is not usually an attempt to avoid paying any damages, but to try and show that the victim was also somewhat negligent. If they can prove it, it will drastically lower the amount they have to pay out.
Both injury attorneys and insurance companies are well aware there isn't always one single cause of a car crash. This point factors heavily in personal injury lawsuit negotiations: causation will directly affect the amount of your personal injury settlement.
Because there can be so much money involved, personal injury claims can be contested and involve intricate issues of liability. Don't try to go it alone in anything but the most minor auto accident. In other words, if you've been in a fender bender and no one is hurt, it's perfectly fine to exchange insurance information with the other driver and let the insurance companies handle it. However, if there are injuries involved, it's in your best interest to seek the services of a Missouri auto accident attorney.
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