In Pennsylvania, any number of traffic deaths is too many. According to Lehigh Valley Live, there were almost 1,200 motorist and pedestrian deaths on roads and interstates in 2018. The unfortunate fact is that if those involved had simply paid attention to their actions and followed the laws, they probably could have prevented many of these deaths.
After any motor vehicle accident, law enforcement, insurers and attorneys all play a part in determining liability for the event. This could decide who will pay for a fender-bender or who is responsible for causing the death of another.
According to FindLaw, common law includes four types of liability:
Negligence is, by far, the most common factor in car crashes. Like a sense of carelessness, negligence can appear in a person who does not pay attention to road conditions or surroundings. A general disobedience concerning traffic laws could also constitute negligence, for example: running a red light, failing to yield right-of-way or using a cell phone while driving.
Recklessness & Intentional Misconduct
Recklessness and intentional misconduct are similar types of liability. When people knowingly act with blatant disregard for the safety of others on the road, it is reckless. Intentional misconduct, more simply stated, is doing something illegal on purpose. Extreme speeding and driving under the influence are both examples of reckless driving or intentional misconduct.
Parties that have added responsibility to keep the public safe, such as vehicle manufacturers, auto repair technicians or hazardous materials drivers could be responsible for an incident under strict liability. Due to the implied nature of their duties, outcomes are often partially their fault even if they did not actually cause the accident.