CAR ACCIDENTS | Theories of Liability

Negligence

Deciding whether a driver was negligent in a motor vehicle accident can be difficult. Sometimes you may feel that another driver, a cyclist, or a pedestrian didn't use a reasonable amount of care, but you may not know exactly which rule or rules he or she broke. An experienced personal injury lawyer will be able to help you determine if another person was negligent. The attorney will consider many sources, including state traffic laws, police reports and the statements of witnesses to the accident.

Courts consider many variables in making a determination that a driver or another person was negligent. These variables may include:

    Failing to follow traffic signs and signals
    Disobeying traffic laws
    Driving on the wrong side of the road
    Neglecting to signal a turn
    Driving faster or slower than the posted speed limit
    Ignoring traffic or weather conditions
    Driving while under the influence of alcohol or other drugs

Recklessness

A driver may also be held responsible for an accident if he or she acted recklessly. Reckless driving is driving unsafely, with "willful and wanton disregard" for the possibility that such action will cause an accident. Reckless drivers intentionally disregard the possible consequences of their actions while driving. For example, a driver may be found reckless if he or she threatens or harasses another person while driving out of "road rage" and causes an accident. 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." Criminal charges may also result.

Between 1990 and 1997, almost 13,000 people were injured or killed in car accidents that were caused by aggressive driving, according to studies by the National Highway Traffic Safety Administration (NHTSA) and the American Automobile Association. Another NHTSA study shows that dangerous driving by others, including speeding, is considered a threat by 60 percent of drivers. Approximately 30 percent of these drivers felt that their personal safety, or the safety of their families, was threatened in the past month. Sixty-seven percent of these drivers felt that their safety was threatened during the past year.

Aggressive drivers are those who speed, tailgate, move quickly from lane to lane, flash their headlights excessively and use other dangerous driving techniques. Police officers and traffic safety officers are increasing efforts to catch and punish these aggressive drivers. Aggressive driving is defined by the NHTSA as "a progression of unlawful driving actions," such as:

    Speeding, which can be either going faster than the posted speed limit or driving too fast for current conditions
    Improper passing by either failing to signal, using an emergency lane to pass, or passing on the shoulder of the road
    Improper or excessive lane changing
    Failing to signal a turn
    Failure to yield to oncoming traffic

The NHTSA offers the following tips on how to avoid an accident with aggressive drivers:

    Get out of their way; do everything in your power to get out of the way of an aggressive driver
    Don't let your pride get the better of you; don't challenge the aggressive driver by speeding up or trying to hold your place in your travel lane
    Avoid eye contact; sometimes looking at an aggressive driver can make them even angrier
    Avoid gestures; ignore any rude gestures made towards you and don't make any gestures yourself
    Report seriously aggressive drivers to the police. Remember to pull over to the side of the road, however, if you use a cell phone.

Third Parties

Drunk Drivers

In the past year, over one million people were injured in alcohol-related motor vehicle accidents and every 30 minutes, someone in the US dies in an alcohol-related accident. In a drunk driving accident, the drunk driver will be held responsible for the injuries and damages that he or she caused. In addition, in many states, a bar or a person who hosted a social event or party may also be responsible for these damages if they served alcohol to a patron or guest who was obviously intoxicated. However, holding the bar or host responsible doesn't relieve the drunk driver from their obligation to pay for the damages. There are many laws covering liability and an experienced personal injury lawyer will use these laws to take into account everyone who may be held liable for your injuries, including people or business that you might not have considered.

Contact a Kansas car accident lawyer representing clients in Emporia, KS today to schedule your free initial consultation.

Product Manufacturers

Sometimes motor vehicle accidents aren't caused by either driver involved, but by a defect or malfunction in one of their automobiles. If this type of accident occurs, the manufacturer or the supplier of the automobile or automobile part may be held responsible under the law of "products liability." Products liability law governs lawsuits brought by consumers against sellers of a product for selling a defective product, which caused an injury to the consumer. Manufacturers that create a defective product, either in the designing, manufacturing or labeling stages, can be held responsible for the injuries caused by the product. Under the law of products liability, it doesn't matter if manufacturers are negligent or not, they are still responsible for any injuries caused by their defective product.

Automotive Technicians

Another situation in which the drivers in a motor vehicle accident may not be held responsible for the accident is where an auto technicians didn't correctly repair one of the vehicles and the improper repair caused the accident. If an incorrect repair job caused an accident, the auto mechanic may be found negligent. If the auto mechanic is negligent, the mechanic and his or her employer may be held responsible for the injuries and property damage that the accident caused.

Government Bodies

Variables unrelated to the drivers or vehicles involved in the accident may also contribute to an accident. These factors may include poorly designed or maintained roads, broken traffic signals, road construction, or obstructions that make it difficult to see the road properly, such as signs, bad lighting, trees or utility poles. If one of these variables causes an accident, government bodies that control these things may be held responsible for any damages. However, there are special rules involved in suing the government. An experienced personal injury lawyer will be aware of these rules and will be crucial in enabling you to win your lawsuit.

No matter what the situation is with your accident, it is crucial to the eventual success of your lawsuit that you take steps to investigate your accident, protect evidence, and obtain the professional opinion of doctors or other experts about any injuries or damages that you have suffered. If you have been in a motor vehicle accident, a personal injury lawyer will be able to assist you with all of these things. An experienced personal injury lawyer will also be able to decide the best method to help you recover compensation for your injuries or property damage.

Injuries and Damages

In general, a person who is injured in a car accident can be compensated for the actual costs of their medical expenses, property damage, economic damages (such as loss of income), as well as physical and emotional pain and suffering. Lawsuits over motor vehicles accidents can be very complex. In order to get the amount of compensation to which you are entitled, you should speak with a personal injury attorney who is experienced in motor vehicle accidents and compensation.

Damages

In all negligence cases, including car accidents, the injured person may be compensated for the costs of medical and rehabilitative services, physical and mental pain and suffering, lost income (both past and future), permanent injury or impairment and permanent scarring or disfigurement. Other damages that are typical in motor vehicle accident cases include physical property damage, reasonably foreseeable medical expenses, and loss of enjoyment of life. Just because you had a previous injury does not necessarily bar you from being compensated for new injuries. An injured party may still be compensated for worsening or exacerbating an old injury. A good way for a person injured in an accident to document how his or her injuries affect their life is to keep a diary or journal that describes how the injury affects him or her every day as well as his or her immediate family. This diary or journal will be helpful in determining the type and amount of compensation that is appropriate.

Damages for Family Members

In addition to compensation received by the person injured in the car accident, the injured person's spouse may also be eligible for compensation. A spouse can recover for harm to the marital relationship, known as "loss of consortium." Generally, both the husband and the wife ask for this type of compensation. Loss of consortium refers to any harm to the martial relationship that was caused by the accident. This harm may include loss of the spouse's love, companionship, reassurance, affection, consolation, moral support, sexual relationship, ability to have children, as well as the spouse's physical assistance in operation and maintenance of a home. Loss of consortium does not have to be permanent, it can also be temporary.

Insurance

Generally, the person injured in an accident will be compensated by the insurance company of the driver who was responsible for the accident. If that driver does not have insurance or if he or she does not have enough insurance coverage, the accident victim's own insurance will cover his or injuries through an uninsured or under-insured motorist clause. Other insurance policies, such as the insurance policies of employers or family members, may supply additional benefits to the injured person. In some states, an injured person may receive some compensation for their injuries, even if the accident was partially his or her fault. If you have been in an accident, a personal injury lawyer experienced in motor vehicle accidents will help you review your insurance policies and determine the amount of compensation to which you are entitled.


Kansas personal injury lawyer / attorney representing clients in Emporia, KS, auto injuries law firm - If you would like to schedule a free initial consultation regarding your personal injury case, please contact the Eschmann & Pringle, P.A at (800) 952-0566 or complete our inquiry form.