According to the National Transportation Safety Board, an auto accident occurs every ten seconds in the United States. Not surprisingly, auto accidents are the most common type of personal injury cases filed with our courts. Most Accidents Caused by Negligence Automobile accidents cases are generally decided using the law of negligence. Negligence is generally defined as the failure to use reasonable due care to avoid a foreseeable harm to a person, place or thing. A person who negligently operates a vehicle may be required to pay any damages caused by his or her negligence, either to person or property. Generally, people who operate automobiles must exercise "reasonable care under the circumstances." Failure to use reasonable care is the basis in most lawsuits for an award of damages caused by an automobile accident. Courts consider a number of factors in determining whether or not a driver was negligent. Examples of these factors include, but are not limited to, the following:
- Inattention to the actions of other drivers
- Driving too fast or too slow
- Disregarding weather, road conditions or traffic conditions
- Failure to observe traffic signs or signals
Accidents Caused by Intentional or Reckless Conduct Accidents may also be caused by intentional or reckless conduct by a driver. An example of an accident caused by intentional conduct of the driver would be a road-rage accident. An example of reckless conduct by a driver would be when a person drives unsafely, with willful and wanton disregard for the probability that their driving may cause an accident. Another example of intentional or reckless conduct by a driver is driving under the influence of drugs or alcohol. Accidents Caused by Product Defects or Other Factors Accidents may also be caused by factors that are completely unrelated to the conduct of a driver. For example, under the laws of product liability, an automobile manufacturer or parts supplier may be responsible for a defect in a vehicle, or a component of the vehicle. A products 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. Accidents may also be caused by other factors beyond the driver’s control. Some examples of these factors include:
- Improper design or maintenance of the roadway
- Malfunctioning traffic signals
- Poor lighting
- Failure to provide proper warning of construction or other road hazards
- Trees, utility poles or other hazards that obscure a driver’s field of vision
Accidents Caused by Drunk Drivers According to a 2005 National Highway Traffic Safety Administration (NHTSA) report, alcohol-related motor vehicle crashes kill someone every 31 minutes and nonfatally injure someone every two minutes. Unfortunately, drunk drivers can be uninsured or underinsured, and have few assets to pursue in a lawsuit. Under limited circumstances, it may be possible to seek recovery from the person who provided the alcohol to the driver. Under California law, a bar, liquor store or restaurant may be responsible for damages caused by a person’s drinking if it sold alcohol to an obviously intoxicated minor. Cal Bus & Prof Code § 25602.1. California law does not impose liability on social hosts who serve alcohol in a social setting, such as at a party or at their home. California also does not have a “dram shop act” (“dram” was once a common term for “liquor”); California law does not impose liability on those who sell alcohol to people of legal drinking age. Cal Bus & Prof Code § 25602. |
