blog home Personal Injury An Accident by Any Name Is Still Somebody’s Fault

An Accident by Any Name Is Still Somebody’s Fault

By Ramsey Prather on September 5, 2023

When it comes to the law, the word accident means an occurrence that results in injury. According to this precise legal definition, the person who causes an accident is legally liable for any injuries that result.

The common everyday definition of the word accident means an undesirable or unfortunate occurrence that may cause harm but happens unintentionally. But if someone unintentionally crashes into you because they were texting while driving, they are still legally responsible for the harm they cause.

People frequently use the word accident to describe the types of events that result from human negligence, and this can be confusing. Here’s the important thing to remember – whether we refer to it as a collision, a fall, a spill, or any other word, if you were harmed by somebody’s careless behavior, you have the right to seek monetary damages to compensate for any injuries or loss or property you have suffered.

Almost Every Harmful Event Could Be Prevented

The overwhelming majority of automobile crashes and other unfortunate occurrences that harm or kill people could have been prevented if someone had been more careful. That’s why everyone has a duty of care to take sensible precautions to prevent reasonably foreseeable events from harming others.

When someone beyond the legal limit gets behind the wheel of a car and causes a crash that harms people, we might call it a “drunk driving accident,” but the driver has clearly violated the duty of care, and they are responsible for any injuries that result.

Almost every state requires homeowners to build a fence around a swimming pool to prevent children from wandering in and drowning. Georgia and many other states also require pool gates to be self-closing and self-latching. If a pool owner fails to take the necessary precautions required by their state to protect children and a child is tragically killed, the newspapers will call it an accident, but the homeowner has violated their duty of care. Therefore, they may be held legally liable for any harm that results.

Bedsores may not seem like a big problem, but they can be fatal for bedridden patients. Bedsores are easy to prevent when diligent nursing home staff regularly attend to patients. A family can lose a loved one when nursing homes are understaffed or don’t perform the necessary procedures to prevent bedsores. This is another example of a breach in the duty of care, and the nursing home’s staff, owners, and management are ultimately responsible for preventing negligent treatment that results in fatal bedsores.

Examples of harm that results from negligent behavior that is often referred to as an accident include:

  • When motorists go faster than the speed limit
  • When delivery companies cut corners by failing to inspect vehicles and get necessary repairs
  • When boat owners fail to check smoke alarm batteries
  • When dog owners refuse to follow local leash laws
  • When automobile manufacturers make vehicles less safe just so they can reduce production costs
  • When drivers change lanes without making sure the lane is unoccupied
  • When landlords and managers fail to regularly survey their property for hazards
  • When trucking companies hire a driver with an unsafe record

Most Harmful Accidents Result from Bad Decisions

Everyone has choices to make, and many of our decisions impact the safety of others. Most of the harmful events that we call accidents occur because somebody refuses to prioritize safety. Maybe this happened because someone was lazy, in a hurry, or trying to save some money.

Business owners, managers, landlords, and manufacturers must implement protocols and provide employees with the necessary training to prevent foreseeable accidents. And citizens must act responsibly when their actions could injure or kill the people around them.

Are You Suffering from Catastrophic Injuries?

The Columbus injury attorneys at Butler Prather LLP fight to get justice for people who were needlessly harmed by others. In fact, we’ve been helping people get the money they need to get better for over 35 years.

Our Georgia personal injury lawyers have won hundreds of millions of dollars in settlements and verdicts for clients in over 30 states. We have won nine verdicts that exceed $100 million and more than 60 verdicts and settlements of over $10 million.

We treat people with respect and compassion, and we always have time for our clients. Call us at (706) 322-1990 to schedule your complimentary consultation today.

Posted in: Personal Injury

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