Driver's Error And Traffic Collision Litigation

By Brian Rodane

Most of the litigation that is initiated by traffic accidents is due to some type of negligence on the part of one or more of the drivers. Negligent driving can take several forms, which I'll describe below. When there is confusion or disagreement between the affected motorists regarding fault for the collision, litigation often follows.

In this article, we'll discuss the principle of driver's error as it relates to vehicular accidents. I'll also explain how aggressive driving and road rage are treated by the legal system.

Circumstances Of Negligent Driving Conduct

One of the most common situations that lead to traffic collisions is the failure to yield to another motorist's right of way. For example, many intersections are not equipped with traffic lights or stop signs. A right of way does exist, but there is often confusion about which motorist has that right. In other cases, the problem is not due to a misunderstanding of driving rights; instead, it's due to carelessness. A motorist will barrel through an intersection, unaware that another car is even present.

Negligent driving can also involve a failure to observe stop signs or traffic lights. Collisions that result from such negligence often result in severe injury to one or more of the drivers. When this happens, the injured motorist should consult with a personal injury lawyer. If a settlement cannot be reached, an experienced attorney can build a compelling case during litigation.

Unsafe Or Aggressive Driving

A lot of motorists drive aggressively and as a result, increase the likelihood of causing an accident. For example, they might read while driving on the highway, or pass slower vehicles by using a lane reserved for traffic moving in the opposite direction. In some cases, a driver might suddenly realize he needs to turn, and swerve across several lanes in order to do so. The courts consider most of these cases as negligent conduct even though the driver is normally aware of his actions and the presumed risk involved with taking them.

Legal Status Of Road Rage

In cases where one or more motorists have road rage, the chances of an accident increase significantly. Plus, because road rage typically happens on freeways - where cars are traveling at higher speeds - the accidents can be severe. Most states don't currently treat road rage differently than aggressive driving. However, there are a few jurisdictions that treat such cases as assault and battery in the event of injury or property damage.

If you have been injured in a traffic accident, invest the time to speak with an experienced personal injury lawyer. Do not rely upon the other driver or his auto insurance company to offer appropriate compensation. Your lawyer can negotiate on your behalf. If the case moves toward trial, your lawyer can deftly represent your interests during litigation. In most cases, he or she will be able to secure a much higher settlement than you would be able to do on your own. - 31397

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