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A sample article I penned on the the Issues of Liability while operating a motor vehicle
By Matisyahu Wolfberg, Esq.
Driving a car in America carries with it
tremendous responsibility. Besides the Torah obligation not
to hurt others, there are also several liability issues involved with
driving. Below we will discuss some of the basic issues of
liability when driving a car. Note, each state has different
laws, but there are general principles of law that apply in every
state. To be sure of the applicable laws in a given state,
one should consult with a duly licensed attorney.
The most common basis to sue a driver or
vehicle owner who caused a motor vehicle accident is under the theory
of negligence. Under the theory of negligence, the driver
causing the accident can be held liable if he injured another person or
damaged another vehicle or property by driving unsafely.
Very often however, it can be difficult
to prove that the at fault driver acted
negligently. A lawsuit and a trial may be necessary
to establish who was at fault for the accident and the amount of
damages payable for injuries and property damage.
It becomes however, much easier to prove that the other driver acted
negligently, when it can be shown that the at-fault driver had violated
a traffic law while committing the act which contributed to the
damages. This concept is known as
negligence-per-se.
The doctrine of negligence-per-se
provides that the damaged party can show the at-fault driver's
liability by establishing the following 1) that the at-fault driver
violated a law resulting in injury of damage; 2) that the law was
intended to prevent the type of injury that occurred; and 3) that the
damaged party was in the class of persons intended to be protected by
the law. The theory behind the doctrine of
negligence-per-se, is that the state has passed laws to protect the
safety of the public; and by violating the law in question, fault is
established as a matter of law and there is no need to prove negligence
by showing additional facts.
Accidents caused by the violation of
traffic laws are the most common instance of
negligence-per-se. For example, it is easy to recover damages
against one who rear-ends another vehicle while following the other
vehicle too closely. Similarly, the court will probably find
one who causes an accident while speeding, to be liable.
What happens however when both drivers
are at fault? Under Common Law, the English legal system
under which American law is based, a damaged party who was held to have
been even partially the cause of the accident, would be barred from
recovering any damages. So for example, if Jose were driving
down the street at night without his headlights and John, who was
speeding, made an unsafe turn in front of Jose, causing the two
vehicles to collide, then neither party would recover
damages. Most states in America have modified that strict
approach and have adopted in its place a damages analysis known as
“comparative negligence.” Under the new approach, when both
parties are at fault the court reduces the amount of damages that a
damaged party can recover based upon the degree to which his own
negligence contributed to his own damages. For example,
whereas under the old analysis Jose would be barred from recovering any
damages because he also caused the accident, under the modern approach,
if Jose were found to be 40% at fault, and his damages were
$1,000,000, then he would only recover $600,000.
What happens when one causes an accident
while driving a company car or when one is driving his private vehicle
during the course of his duties for an employer, is the employer
liable? In general, under American law, the employer will be
held liable for the damages caused by their at-fault employee acting in
the course and scope of his duties for the company.
Similarly, one who loans his car to another, may also be liable for
damages caused by the borrower. Depending on the
circumstances of the accident committed by the employee or borrower of
the car, the liability of the employer or owner of the vehicle might be
limited by the laws of the jurisdiction. If however the
employer or owner of the vehicle gave his car to someone whom he knew
to be a poor driver, the his liability might be unlimited.
What happens when two people or parties
caused the damage in question? For example, if it is
established that the accident was caused by both the driver of the
vehicle who was speeding, and his passenger who distracted the driver
of the speeding vehicle by blowing cigarette smoke in the driver’s
face. In such a case, the damaged party may recover all the
damages from any one of the two individuals, regardless of their
individual share of the liability. That means to say, that if
the driver of the vehicle who caused the accident is penniless, while
his passenger, who contributed to the accident is wealthy, the damaged
party may recover all the money damages from the wealthier
party. Consider however, that the wealthy passenger who got
stuck with the bill may pursue a case against his co-damager to recover
a fair portion of the money damages he had to pay to the damaged party.
Some states have no-fault schemes for
traffic accident liability, in which case different rules
apply. No-fault liability generally refers to auto insurance
programs that allow insured drivers to recover financial losses from
their own insurance company, regardless of who was at fault in an
accident. No-fault programs adopt the approach that everyone pays for
their own losses from a car accident. The goal is to cut back on
lawsuits, since fault (liability) need not be determined to recover
damages.
Finally, each motor vehicle owner should
get competent advice as to the amounts and type of motor vehicle
insurance he should have, keeping in mind his personal wealth, i.e.,
how much he stands to lose out of pocket if he does not carry enough
insurance. Different states have different minimum coverage
requirements, but the minimum is not recommended. A wealthy
person, for example, who has insufficient insurance is putting his home
at risk of being sold to pay for damages owed as the result of an
accident he caused.
In conclusion, besides the Torah
obligation not to put oneself or others at harm on the road while
driving, it is important to keep in mind that one who breaks a traffic
law and causes an accident, is usually held to be liable in
court. In addition, one must be very careful regarding which
employees he allows to drive for his company (e.g., to make sure that
they are licensed drivers in good standing.) One can also be
held liable for damages caused by relatives or friends who borrow their
car. Finally, it is important to take out an
appropriate amount of car insurance.