Automobile Accident Liability

<P STYLE="text-indent: 2px" ALIGN="left"><B> <H1><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F01">Introduction to automobile accident liability. </FONT></B></H1> <FONT COLOR=#000000 FACE="Times New Roman" CLASS="F02">Determining the causes of an accident follows the <A HREF="autoLiabRP1.asp" TARGET="_blank" TITLE="Investigation checklist and resources.">detailed investigation.</A> The goal of this analysis is to determine how much the negligence of any party contributed to the outcome. To do this the accident needs to be reconstructed, based on the evidence found in the investigation.</FONT></P> <P STYLE="text-indent: 2px" ALIGN="left"><B> <FONT COLOR=#000000 FACE="Times New Roman" CLASS="F01">What is causation?  </FONT></B> <FONT COLOR=#000000 FACE="Times New Roman" CLASS="F02">Liability to a third party rests not just on negligence but whether the negligence actually <I>caused</I> the injury-- at least to the extent claimed. One purpose of accident reconstruction is to determine the severity of the traumatic impact. Also, the accident itself may have been caused not by the party whose negligence triggered the chain of events but by who had the last clear chance to avoid the accident. Finally, there may have been a cause that superceded, and intervened between, the negligence of a party and the accident. </FONT></P> <P STYLE="text-indent: 2px" ALIGN="left"><B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F03">Finding fault.  </FONT></B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F04">Negligence is allocated among everyone in most but not all jurisdictions. The degree of negligence as it contributed to the accident must be determined for each party. Two categories of negligence should be considered. There is likely negligence that triggered the accident. In other words, a human error set in motion a chain of physical events that resulted in the accident. There may also be negligence in failing to avoid or prevent the accident. Or there may have been a negligent failure to mitigate injuries or damages. Fault might also be assessed due to strict liability arising from a defective product or extra hazardous activities.</FONT></P> <P STYLE="text-indent: 2px" ALIGN="left"><B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F03">How is fault is decided.  </FONT></B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F04">An <A HREF="AutoRP3.asp" TARGET="self">investigation</A> of the accident uncovers physical evidence and the statements of witnesses in order to assess fault.</FONT></P> <P STYLE="text-indent: 2px" ALIGN="left"><B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F03">UM and UIM coverage.  </FONT></B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F04">If another party is at fault in an accident but cannot be identified or has no insurance, uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) stands in the place of the insurance of the other party. It would pay occupants of the insured vehicle as if it were the liability insurer for the other party.</FONT></P> <P STYLE="text-indent: 2px" ALIGN="left"><B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F03">Is the accident covered?  </FONT></B><FONT COLOR=#000000 FACE="Times New Roman" CLASS="F04">Questions of whether there is coverage often involve the status of the driver. If the driver was not a permissive user or was excluded under the policy, coverage may be affected. Such a driver would likely not be covered, but if the owner of the vehicle is not the driver there may be coverage for any separate liability the owner has. An example of separate liability of the owner would be that based on negligently entrusting the vehicle to a particular driver. Coverage issues might also be based on whether liability to a third party arises out of the use of the vehicle. As an example, a wrong might be done in a vehicle but does not involve the use of the vehicle.</FONT></P>