Vehicle Accidents Fault Theories

According to the National Highway Traffic Safety Administration (NHTSA), someone in the United States is involved in a car accident every 10 seconds. Imagine the millions of dollars in damages being litigated in courts everywhere in the U.S. Imagine also the lives lost and changed by these tragic events every minute of everyday.

There are a lot of liability theories that can be used in claiming damages due to vehicle accidents. Except for those states who implement no-fault policies, laws on negligence relating to care are the laws governing car accident claims.

In no-fault policies, individuals involved in car accidents are made to shoulder their own personal and property damages. This usually involves no-fault auto insurance systems that are required by the laws of the state to be carried by drivers for their own protection.

Under no-fault laws, in case of car accident, the insurance company of each driver shall pay for its own insureds damages up to the policy limits. This is regardless of who is at fault. This effectively limits the ability of both parties to sue each other for damages.

In case of negligence theory of fault on the other hand, the focus is on the fault of the party who failed to exercise the required care necessary under the situation.

For those who are not aware, every driver is mandated to exercise reasonable care in the operation of their vehicles. If accident happens because of the failure to use reasonable care in driving their vehicles, negligence is therefore presumed.

An individual who is proven to have failed to use reasonable care in the operation of his or her vehicle is required by law to pay for damages to the victim. The usual damages being granted to the victim of car accidents are:

1.Property damage for damage or loss to the vehicle involved in the accident;
2.Medical costs for the treatments and surgeries needed as a result of physical injuries to the victim;
3.Future medical costs, which are expected medical treatments and surgeries necessary to be undertaken by the victim;
4.Loss of earnings in case the victim loses work hours and wages as a result of attending treatments; and
5.Pain and suffering, which are granted by most states to compensate the victim for emotional trauma and physical hurt sustained as a result of the car accident.

Aside from the above, a negligent driver may even be held criminally liable under the negligence theory if such negligence amounts to willful and wanton disregard for the safety of others.

An example would be if the negligent driver operates his or vehicle in great excess of the speed limits in a residential street without care for other people.

Another example, which makes it definitely criminal, is when the driver uses his or her vehicle as assault weapon after an incident that occurred on the street like when the negligent driver was overtaken by another driver.

Finding fault is a very complicated task in the case of negligence theory. Aside from negligence of the parties involved, another contributing factor is traffic rules violations. A driver could also be treated as negligent if he or she violates a road rule leading to the car accident. If, for example, the driver ran the red light hitting another vehicle or changed lanes side swiping another vehicle, the driver is presumed negligent.

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