5 Common Questions After a Car Accident

1. I just had an accident and I am hurt. On what basis will the other motorist be responsible (also commonly referred to as negligence and liability)?

It depends on whether you can prove that negligence has occurred.

A person is liable if he or she was negligent in causing the accident. Persons who act negligently never intend to cause a result like injuring another person. Rather, their liability is a result of careless conduct or a failure to act when a reasonable person would have acted. Conduct becomes negligent when it falls under a legally recognized standard of taking reasonable care under the circumstances to protect others from harm.

2. What’s an example of negligence?

All drivers on the road have the duty to use reasonable care to avoid injuring anyone he or she encounters while driving. If a driver fails to use reasonable care, and as a result of that failure injures you, then the driver is responsible (liable) to you for those injuries. An example of negligence while driving would be rear ending someone while using your ipod or not braking in time to avoid hitting the car in front of you. (Both hands need to be on the wheel)

3. I was in a car accident, but I think I can prove it’s not all my fault. Will this make a difference with regard to what damages are awarded?

Most states now base awards on the comparative fault of the drivers. If a jury finds that you were negligent and that your negligence, proportionally, contributed 25% to cause the injury and that the defendant was 75% at fault, the defendant would only be responsible for paying 75% of your damages, or $75,000 if your damages totaled $100,000. In some states, a plaintiff may recover even if he or she were more negligent than the defendant, meaning they were negligent 51 % or more.

4.Who decides whether someone is liable because of negiligence?

Once your attorney presents the evidence, a judge or jury will decide what a "reasonable person" would have done in similar circumstances, and compare your conduct to that of a reasonable person. Would a reasonable person stop at a stoplight in your circumstance?

5. I was injured when my automobile collided with a truck driven by a delivery person. Can I collect damages from the driver or the employer?

Depending on the situation, you may be able to collect damages from both parties. You may be able to collect from the deliveryperson’s employer because the law states that employers may be held liable to third persons for acts committed by employees within the scope of their job. Although the employer was not negligent, they become indirectly liable and responsible for the negligence of its employee. If the employee was making a delivery when the accident occurred, then the employer is liable, since it was a part of the driver's job. But if the employee first stopped at a restaurant for drinks and dinner with friends, the employer may be able to escape liability.