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Date: 12-13-2023

Case Style:

Shawn T. Riggs v. Wilberta M. O'Rork

Case Number: 4:23-cv-00643

Judge: Joseph S. Dueker

Court: United States District Court for the Eastern District of Missouri (St. Louis County)

Plaintiff's Attorney:

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Defendant's Attorney: Lee John Karge, Michael D. Griffith , Tyler John Merkel

Description: St. Louis, Missouri personal injury car wreck lawyer represented the Plaintiff who sued the Defendant on an auto negligence theory.

Missouri car wreck law:

Duty of care: All drivers in Missouri have a duty to operate their vehicles safely and follow traffic laws to avoid harming others. This includes avoiding behaviors like:
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence such as:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are established, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage
Pure comparative negligence: Missouri follows a pure comparative negligence rule. This means that even if the injured party is partially at fault, they can still recover damages, with their compensation proportionally reduced based on their percentage of fault. For example, if they're 30% at fault, their damages are reduced by 30%.

Additional Points:

Statute of limitations: As in many states, Missouri has a five-year statute of limitations for personal injury lawsuits, starting from the date of the accident.
Legal resources: Consult the Missouri Bar Association or Missouri Department of Motor Vehicles for guidance and resources.

Specific Scenarios:

Here are some situations where Missouri Auto Negligence Law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in a Missouri auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:


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