ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

Is negligence the basis of auto collision cases?

In general, yes. Automobile collisions, the area in which many personal injury actions arise, provide a good example of how the concept of negligence works in our tort system. Tort law with respect to auto accidents works differently depending upon the state in which you live. That is because some states are "fault" states and others are "no-fault" states.

In a fault state, you have a negligence claim if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise such reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses.

In a no-fault state, the insured person's insurance carrier pays for the insured's damages, no matter which driver was at fault.