Theories of Liability

Negligence

Deciding whether a driver was negligent in a motor vehicle accident can be difficult. Sometimes you may feel that another driver, a cyclist, or a pedestrian didn't use a reasonable amount of care, but you may not know exactly which rule or rules he or she broke. An experienced personal injury lawyer will be able to help you determine if another person was negligent. The attorney will consider many sources, including state traffic laws, police reports and the statements of witnesses to the accident.

Courts consider many variables in making a determination that a driver or another person was negligent. These variables may include:

1. Failing to follow traffic signs and signals
2. Disobeying traffic laws
3. Driving on the wrong side of the road
4. Neglecting to signal a turn
5. Driving faster or slower than the posted speed limit
6. Ignoring traffic or weather conditions
7. Driving while under the influence of alcohol or other drugs

Between 1990 and 1997, almost 13,000 people were injured or killed in car accidents that were caused by aggressive driving, according to studies by the National Highway Traffic Safety Administration (NHTSA) and the American Automobile Association. Another NHTSA study shows that dangerous driving by others, including speeding, is considered a threat by 60 percent of drivers. Approximately 30 percent of these drivers felt that their personal safety, or the safety of their families, was threatened in the past month. Sixty-seven percent of these drivers felt that their safety was threatened during the past year.

Aggressive drivers are those who speed, tailgate, move quickly from lane to lane, flash their headlights excessively and use other dangerous driving techniques. Police officers and traffic safety officers are increasing efforts to catch and punish these aggressive drivers. Aggressive driving is defined by the NHTSA as "a progression of unlawful driving actions," such as:

1. Speeding, which can be either going faster than the posted speed limit or driving too fast for current
      conditions
2. Improper passing by either failing to signal, using an emergency lane to pass, or passing on the shoulder
      of the road
3. Improper or excessive lane changing
4. Failing to signal a turn
5. Failure to yield to oncoming traffic

The NHTSA offers the following tips on how to avoid an accident with aggressive drivers:

1. Get out of their way; do everything in your power to get out of the way of an aggressive driver
2. Don't let your pride get the better of you; don't challenge the aggressive driver by speeding up or trying to
      hold your place in your travel lane
3. Avoid eye contact; sometimes looking at an aggressive driver can make them even angrier
4. Avoid gestures; ignore any rude gestures made towards you and don't make any gestures yourself
5. Report seriously aggressive drivers to the police. Remember to pull over to the side of the road, however,
      if you use a cell phone.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.