I refer to vehicle “collisions” or “crashes” rather than vehicle accidents because the term ”accident” implies that no one was at fault for the incident of two vehicles colliding. According to the Merriam Webster online dictionary, an “accident” is defined as “an unforeseen and unplanned event or circumstance” However, in proving negligence, four elements must be proven at the time of trial, i.e., duty, breach of duty, causation, and damages. The issue of foreseeability arises out of the element of causation. When a driver runs a red light resulting in a collision, it cannot be properly stated that the collision was an “accident” because a reasonable person could foresee that running a red light may cause a collision and the person running the red light did so intentionally, thus it was not an unforeseen or unplanned circumstance. We have traffic laws which are designed for the safety of the motoring public and pedestrians. When a driver chooses to ignore a safety rule, that driver has intentionally decided to take the chance of placing other drivers at risk. This is a conscious choice, not a situation over which said driver has no control. A collision resulting from a driver’s choice to ignore safety rules is intentional and not an unforeseen or unplanned circumstance. Thus, the resulting collision is not an “accident” but rather an intentional act arising out of driver’s choice to ignore the safety rules and place others at risk.
In a vehicular collision you may suffer a variety of losses. Those losses may include physical injuries, brain injuries, psychological injuries, the death of a person, and property damage. The monetary losses may be substantial and may include medical expenses and loss of wages or potential income. However, the losses do not stop there. A person’s family will also be impacted. The injured party may not be able to assist in supporting their family. They may not be able to assist in household maintenance or even in caring for their family. The injuries may temporarily or permanently restrict a person from the activities which give them joy and satisfaction in their life. And most certainly the injuries will negatively impact the relationships with family and friends. The law is intended to make a person whole. However, since the law cannot repair injuries, the law utilizes monetary compensation to make a person whole thus each injury suffered and each loss sustained should result in a fair compensation for said loss. I am here to make sure that we understand all of your losses and seek the proper compensation for each loss you have suffered. Each case is a battle with the adverse and their insurance company. I will represent you with the utmost vigor and seek the appropriate compensation for your losses.