Automobile Accidents

Most people are not aware of the fact that motor vehicle accidents are the leading cause of injury and death in the United States.  Americans collectively drive almost three trillion miles per year and each year, about three million people are injured or killed.  According to the National Highway Transportation Safety Administration

• 3,000,000 people were injured in motor vehicle accidents
• 41,300 died in motor vehicle accidents
• 40% of the fatalities were alcohol related
• 2,600 children under the age of 15 were killed in motor vehicle accidents
• 7,500 young drivers (16-20) were involved in fatal crashes
• 3,000 motorcyclists were killed
• 4,700 pedestrians were killed
• Improper use of seat belts accounted for 63% of the fatalities.

The general test of ordinary care and skill applies to a vehicle operator unless a statute specifies a standard of conduct.  Minor's are held to the same standard as adults. In many cases, the rules of negligence apply to accidents involving automobiles and motorcycles.

A driver who exercises due care is entitled to assume that others will obey the law and use ordinary care. A person facing a sudden emergency is not required to use the same judgment and prudence that would be required in the exercise of ordinary care in a nonemergency situation.

Negligence and not strict liability normally governs the liability of a driver who loses control of a vehicle on suddenly and unforeseeably losing consciousness or function.When it comes to pedestrians, the driver of an automobile must use greater care because of his greater capacity for causing harm.