
Negligence
is one of the primary causes of car accidents.
Negligent acts mean that the driver causing
the accident did not exercise reasonable
care. For example, he was driving too fast
or too slowly for the conditions. Or he
allowed himself to be distracted. Or he
carelessly ignored traffic signals or conditions.
There are many areas in which negligence
can occur but negligence is a failure to
be careful rather than an act intended to
cause harm. A person who is distracted and
rear-ends another vehicle at a red light
is negligent.
Intentional misconduct,
on the other hand, is an action committed
when the person knew that doing so could
cause harm and did not care, or actively
desired to harm others. A driver who drives
at a high rate of speed, cutting in and
out of traffic, is intentionally putting
himself and others at risk.
The law of strict liability
could apply in some circumstances and neither
negligence nor intent would need to be shown.
One cause of car accidents is product failure.
The Firestone tire litigation is a prime
example of product failure. In that case,
a defect in the tire caused accidents beyond
the control of drivers. The defects were
not intentional but in law the manufacturer
was responsible.
A similar situation could exist if a
repair to the car was done improperly and
resulted in a crash. In some states, in
the case of car accidents caused by drunk
drivers, the business or host who supplied
the alcohol and allowed the driver to drive
in an intoxicated condition could be found
to have a secondary liability.
If you or a loved one has suffered an injury as a result of automobile accident, call at 1-866-919-9229.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Therefore, please call right away to ensure that you do not waive your right to possible compensation.