Monday, August 6, 2007

Legal consequences of car accidents

As a driver, one has to be aware of the legal consequences involved in car accidents.

(Note: I have just had a car accident recently. See: http://raffysaldana.blogspot.com/2007/08/do-you-know-what-to-do-after-car.html )

Here is what Wikipedia says about this topic:

(Source: http://en.wikipedia.org/wiki/Car_accident )


"Car collisions usually carry legal consequences in proportion to the severity of the crash. Nearly all common law jurisdictions impose some kind of requirement that parties involved in a collision (even with only stationary property) must stop at the scene, and exchange insurance or identification information or summon the police. Failing to obey this requirement is referred to as hit and run and is generally a criminal offence. Most car claims are settled without using an attorney.

Parties involved in an incident may face criminal liability, civil liability, or both. Usually, the state starts a prosecution only if someone is severely injured or killed, or if one of the drivers involved was clearly grossly negligent or intoxicated or otherwise impaired at the time the accident occurred. Charges might include driving under the influence of alcohol or drugs, assault with a deadly weapon, manslaughter, or murder; penalties range from fines to jail time to prison time to death (although the death penalty is not applicable in many jurisdictions). It is notable that the penalties for killing and injuring with motor vehicles are often very much less than for other actions with similar outcomes.

As for civil liability, automobile accident personal injury
lawsuits have become the most common type of tort. Because these cases have been litigated often in the developed First World nations, the legal questions usually have been answered in prior judgments. So, the courts usually need to decide only the factual questions of who is at fault, and their percentage of fault, as well as how much must be paid out in damages to the injured plaintiff by the defendant's insurer.

Another element of liability involves the administrative fines or license suspension/revocation that may be imposed by civil or criminal authorities when a driver has violated the
rules of the road and thus the terms of a driver's license. Such complaint may be filed by a police officer or sometimes by other witnesses of an incident. In some jurisdictions such administrative penalties, may be imposed through quasi-criminal infractions; other jurisdictions do not recognize infractions and charge all violations, at a minimum, as misdemeanors or felonies."

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