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Motor Vehicle Accidents - An Overview
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| Cases arising out of
automobile accidents are by far the most common type of personal
injury case pending in our court system today. This is not surprising,
given that every 10 seconds, someone in the United States is involved
in a car accident, according to the National Highway Traffic Safety
Administration (NHTSA). Except in those states where legislation
eliminating fault as an issue has been passed (no-fault laws), these
cases are typically governed by the law of negligence. Generally,
people who operate automobiles must exercise "reasonable care under
the circumstances." A failure to use reasonable care is considered
negligence. A person who negligently operates a vehicle may be
required to pay for any damages, either to a person or property,
caused by his or her negligence. The injured party, known as the
plaintiff, is required to prove that the defendant was negligent, that
the negligence was a proximate caused of the accident, and that the
accident caused the plaintiff's injuries. If you have been involved in
a motor vehicle accident, you must not hesitate to seek legal counsel
from a personal injury attorney experienced in automobile accident
cases in order to best protect your interests. |
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Fault |
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As with other
types of accidents, figuring out who is at fault in a traffic accident
is a matter of deciding who was negligent. In many cases, your
instincts will tell you that a driver, cyclist or pedestrian acted
carelessly, but not what rule or rules that person violated. Fault
issues can be complicated, and an experienced attorney will look to a
number of sources, such as police reports, state traffic laws, and
witnesses, to help you determine who was at fault for your accident.
Courts look to a number of factors in determining whether a driver was
negligent. Some of these factors include, but are not limited to, the
following:
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disobeying traffic signs or signals;
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failing to signal while turning;
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driving above or below the posted speed limit;
> disregarding weather or
traffic conditions;
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failing to drive on the right side of the road; and
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driving under the influence of drugs or alcohol. |
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Causes of Automobile
Accidents |
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A driver may
also be liable for an accident due to his or her intentional or
reckless conduct. A driver who is reckless is one who drives unsafely,
with "willful and wanton disregard" for the probability that such
driving may cause an accident. A driver could be found reckless, for
example, if he or she drives in a threatening or harassing manner out
of "road rage" and causes an accident. (Criminal charges will also
stem from such behavior). Road rage is defined as "an assault with a
motor vehicle or other dangerous weapon by the operator or passenger(s)
of another motor vehicle or an assault precipitated by an incident
that occurred on a roadway."
Statistics compiled in 1997 by NHTSA and the American Automobile
Association showed that almost 13,000 people had been injured or
killed since 1990 in crashes caused by aggressive driving. According
to a NHTSA survey, more than 60 percent of drivers consider unsafe
driving by others, including speeding, a major personal threat to
themselves and their families. About 30 percent of respondents said
they felt their safety was threatened in the last month, while 67
percent felt this threat during the last year.
Traffic safety and law enforcement organizations are renewing efforts
to identify and penalize aggressive drivers-those who speed, tailgate,
zip from lane to lane, flash headlights in frustration, and engage in
other dangerous driving practices. The NHTSA defines aggressive
driving as a progression of unlawful driving actions such as:
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speeding-exceeding the posted limit or driving too fast for
conditions;
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improper or excessive lane changing;
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failing to signal intent;
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failing to see that movement can be made safely; or
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improper passing-failing to signal intent, using an emergency lane to
pass,
or passing on the shoulder. |
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Avoiding an Accident |
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If you are
confronted by an aggressive driver, the NHTSA recommends that you take
the following actions:
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Get out of the way: first and foremost, make every attempt to get out
of his
or her way.
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Put your pride aside: do not challenge the aggressive driver by
speeding up or attempting to hold-your-own in your travel lane.
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Avoid eye contact: eye contact can sometimes enrage an aggressive
driver.
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Avoid gestures: ignore gestures and refuse to return them.
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Report serious aggressive driving: you or a passenger may call the
police,
but, if you use a cell phone, pull over to a safe location. |
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Drunk Driving |
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| Every 30
minutes, someone in this country dies in an alcohol-related crash.
Last year alone, over one million people were injured in
alcohol-related traffic crashes. In a lawsuit arising from a drunk
driving accident, in addition to the intoxicated driver being held
liable for the injuries he or she caused, a bar or social host may be
liable for damages if they served an obviously intoxicated guest, who
then drove and caused an accident. The fact that the person who served
the intoxicated driver alcohol may be held liable does not relieve the
intoxicated driver of liability, however. Experienced personal injury
attorneys are aware of the many laws governing legal responsibility
and can help you identify who might be held responsible for your
injuries, including people or businesses you may not have considered. |
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Accidents that are Not
Caused by the Drivers Involved |
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In certain
cases, accidents are caused by factors unrelated to the conduct of any
particular driver. For example, an automobile accident may occur due
to a defect in someone's automobile. In such a case, an automobile
manufacturer or supplier may be responsible for injuries caused by a
defect in the automobile under the law of product liability. A product
liability suit is a lawsuit brought against the seller of a product
for selling a defective product that caused physical injury to a
consumer or user. If a manufacturer of a product creates a defective
product-either in designing, manufacturing, or labeling the
product-the manufacturer is liable for any injuries the product
causes, regardless of whether the manufacturer was negligent.
Another example of a situation where a driver may not be at fault for
an accident is where a mechanic fails to properly repair a vehicle,
and the failure causes an accident. In such a case, the person who
improperly repaired the automobile, and his employer, may be liable
for the injuries sustained under the theory of negligence.
Other factors, such as poorly maintained roads and malfunctioning
traffic control signals can contribute to cause an accident as well.
Improper design, maintenance, construction, signage, lighting or other
highway defects, including poorly placed trees and utility poles, can
also cause serious accidents. In cases such as this, government
entities may be potential defendants. Special rules apply to claims
and lawsuits brought against governmental bodies, however, and good
legal advice is critical to preserving and winning such claims. |
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Conclusion |
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| In all of the
above cases, it is essential that accident victims take prompt
measures to preserve evidence, investigate the accident in question,
and have physicians or other expert witnesses thoroughly evaluate any
injuries. If you have been a victim of an automobile accident, do not
hesitate to call upon personal injury attorneys who are skilled and
experienced in motor vehicle accident cases to assess your situation
and determine the best methods for you to obtain any compensation
available for the damages you suffered. |
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