Basic Liability Rules in Tort Claims

A tort is an action or omission that results in injury to another person. Under certain circumstances when a tort occurs, the victim has a legal right to sue for his injuries (damages). The various liability rules in tort claims require specific information for building a strong personal injury case.

The Rules of Liability

Three circumstances must be present to succeed in an injury claim:

1. The party responsible for the accident must have had a legal duty to act in a manner which would have prevented the injury.


2. The party failed to act in that manner, breaching his duty.


3. As a result of the breach of duty, someone is injured and suffers damages.

Types of Torts in Accident Cases

There are three types of torts in accident cases:

1. Negligent
2. Intentional
3. Strict liability

Negligent Torts

A negligent tort occurs when a person has a duty of care to protect someone from harm and fails to act in a way that supports that duty. As a result, the person who was supposed to be protected is injured.

Intentional Torts

An intentional tort occurs due to the fact that a person has a legal duty not to intentionally harm another person. When someone ignores that duty and purposely injures another person, his actions are intentional. These cases usually involve some element of criminal prosecution.

Strict Liability Torts

A strict liability tort occurs when a person or corporation has a legal duty to act safely and breaches that duty. Negligence and intention do not matter in strict liability cases. Proving the action or omission that caused the injury is enough.

In a case like this, the fact that the car's driver shouldn't have been driving at night is irrelevant. The truck driver never should have been carrying that extra weight. Comparative negligence (see more below) is irrelevant in strict liability cases. The company and truck driver are both strictly liable.

Proving Negligence

The first hour after an accident is the most important. If you're the victim of a car accident, you cannot presume the other driver will take responsibility for the accident. No matter how clear his liability may seem, you must protect your interests. Making the right decisions after an accident is vital to your claim, and proving liability requires taking action.

Tools for Building the Case

Building a strong liability case relies on the strength of the proof. Think of it as similar to building an impenetrable fortress. The stronger the materials you use, the more impenetrable your fortress will be. The four tools needed to build a strong case are:

• Police reports
• Witness statements
• Photographs
• Your notes and diagrams

When police officers respond to an accident scene, their first duty is to see if anyone is injured and call fire and rescue if necessary. Their next step is to secure the area around the scene to keep the involved people and witnesses safe and preserve the site. They also mark evidence and sometimes take photographs.

The Accident To-Do List

No one plans on being in an accident, but a little preparation can make a big difference. Create a to-do list of what you should do in case of an accident and keep it in your glove compartment or console.

Here's a free accident report form to make recording information easier after an accident.

If you're ever involved in an accident, this list will guide you through a step-by-step process to help you prove liability. Follow it, and you'll be sure to collect the information needed to prove the other driver's negligence.

1. Call 911 and ask for police assistance.


2. Get the other driver's contact and insurance information.


3. Collect the names and contact information of witnesses. Have them write down what they saw. Ask them to date and sign it.


4. Use a camera or your cell phone to photograph the scene. Include the position of the cars, any damage and debris that may have fallen off the cars, skid marks, and damages to anything else in the area, such as bent signs or dented guard rails.


5. Ask one of the officers for the service number of the police report so you can get a copy in a few days.


6. Write down other information you think will be helpful.

Traffic Tickets

Traffic tickets issued to an at-fault driver are extremely valuable in proving liability. The other evidence (witness statements, photographs and diagrams) are important tools, but a police report showing the other driver violated a traffic law can seal the deal.

Tickets for excessive speed, failing to yield, disobeying a traffic signal and entering an intersection can all help prove negligence. An at-fault driver will have a hard time overcoming the significance of a traffic ticket.

No-doubt Tort Claims

While traffic citations lend strong proof of liability in tort claims, they aren't absolute evidence of negligence. Certain types of accidents require little, if any, supplemental proof. These accidents are considered no-doubt liability. Here are some examples:

Rear-end collisions are seldom contested. That's because there are very few defenses to such collisions. (An at-fault driver can't make a believable excuse by saying a car suddenly appeared out of nowhere or purposely backed up so he could hit it.)

In this case, liability is usually clear and uncontestable, but you should always follow through as if liability was unclear. Some drivers are convinced they couldn't be responsible for any accident, ever. They blame the other driver for stopping too fast, or for having brake lights that weren't bright enough to see, or some other excuse.

Crossing-an-intersection collisions are also seldom contested. In 99 percent of these accidents, drivers heading in one direction down a roadway have the clear right of way. Collisions normally occur when a driver thinks he has time to cross an intersection before the other car gets there. This mistake in judgment can cause terrible crashes.

Drunk driving collisions are another type of accident that is seldom, if ever, contested. A driver arrested for driving while intoxicated or impaired has little credibility and no excuse.

Comparative Liability

Most states recognize some form of comparative liability, also referred to as comparative negligence. This means if you're in an accident and you have some fault, even if that fault is minor, your damages may be lessened proportionately.