Every year millions of people are injured in motor vehicle accidents many very seriously. In fact, according to the National Highway Traffic Safety Administration, every 10 seconds someone in the United States is involved in a
car accident. In 2005, there were an estimated 6,159,000 police reported traffic crashes, in which 43,443 people were killed and 2,699,000 people were injured. Other startling facts are as follows:
- Motor vehicle crashes continue to be the leading cause of injury death in the United States for people ages 3 to 33.
- Motor vehicle crashes took the lives of 2,348 children (ages 1 to 15) and 6,964 teenagers (ages 16 to 20) in 2005. Older adults (over 65) continue to be a high-risk age group for motor vehicle fatalities.
- In the United States, 4,881 pedestrians died from traffic-related injuries and another 59,119 pedestrians sustained non-fatal injuries in 2005.
- In 2005, 33% of traffic fatalities were alcohol related; either the driver or an affected person (e.g., a pedestrian or a bicyclist) had a blood alcohol concentration (BAC) of at least 0.08 gram per deciliter (g/dl).
Automobile accidents are generally decided using the law of
negligence. A person who negligently operates a vehicle may be required to pay for injuries and property damage caused by his or her negligence. Generally, people who operate automobiles must exercise “reasonable care under the circumstances.” Failure to use reasonable care is the main argument in most lawsuits for damages caused by a negligent driver.
Courts have to look at a number of factors to decide whether a driver was negligent. Some examples of these factors include, but are not limited to, the following:
- Disregarding weather or traffic conditions
- Disobeying traffic signs or signals
- Failing to drive on the right side of the road
- Driving too fast or too slow
- Driving under the influence of drugs or alcohol
- Failing to signal while turning
A driver may also be liable for an accident caused by intentional or reckless conduct. A driver who is reckless is one who drives unsafely, and with total disregard to the fact that their driving may cause an accident. In some cases, accidents are caused by outside factors beyond the driver’s control. For example, under the law of product liability, an automobile maker or supplier may be responsible for injuries caused by a defect in the automobile, or a component of the automobile. Not many years ago, Firestone was involved in litigation due to a defect in their tires.
When a consumer or user is caused physical harm by a defective product, he or she may wish to bring a products liability suit against the manufacturer or retailer of that product.
If a manufacturer of a product creates a defective product either in developing, designing or labeling the product the manufacturer is liable for any injures the product causes, regardless of whether or not it is determined that the manufacturer was negligent.
If a mechanic does not properly repair a vehicle, and the failure causes an accident, the person who improperly repaired the automobile, along with the repair shop, may be liable for injuries sustained. Poor design, maintenance, construction, signage, lighting or other highway defect, as well as improper striping on the road’s passing lanes, a sharp obstruction or problem with the roadway that affects drivers’ vision, or poorly placed trees and utility poles can also cause serious accidents. Other factors such as poorly maintained roads and malfunctioning traffic control signals can contribute to the cause. Finally, if an accident is caused by an intoxicated driver, a bar or social host may be liable for damages sustained if they served an obviously intoxicated guest, who then drives and causes an accident.
Tarpon Springs Law Firm - Lucas Green Magazine
