General Issues of Liability while operating a motor vehicle  ::: return home

 By Matisyahu Wolfberg, Esq.

             Driving a car in America carries with it tremendous responsibility.  Besides the 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 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.

New York and Northern New Jersey Traffic Ticket and Criminal Defense Attorney
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Matisyahu Wolfberg P.C. - Attorney At Law
19 Koritz Way, Suite 212
Spring Valley, New York 10977
phone (800)-768-3234
fax (877) 742-2268

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