Automobile accidents are one of the leading causes of accidental injury in
this country. Each year, thousands of people are killed in motor vehicle crashes
and millions are injured. These crashes are frequently caused by the negligence
of other drivers, leading to their own death or injury as well as those of innocent
victims. Motor vehicle accidents can have many causes, but they can usually
be divided into negligence, intentional misconduct, or product liability. While
it is true that accidents can be caused by a so-called "act of nature"
such as earthquakes, these are rare.
Negligence is one of the primary causes of automobile accidents. Negligent
acts occur when a driver causing an accident does not exercise reasonable care.
For example, he was driving too fast or too slowly for the conditions. Perhaps
he allowed himself to be distracted. Perhaps 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 his actions 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, may be 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. Another cause of auto 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 auto 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 liability
in addition to the drunk driver.
FAQ's on motor vehicle damage
What to do if you are in an accident
What Should I Do If I'm Asked By An Insurance Adjuster To Make A Recorded Statement?