One of the most common sources of
personal injury cases is a traffic or vehicular accident. Accidents involving vehicles
are one of the most common strict liability cases. Strict liability is
term in criminal law used to describe cases where
mens rea doesn’t have to be proven. Mens rea literally means “guilty
mind”, one of the major elements that a situation has to have in
order to be called a crime. Traffic accidents result in crimes if there
is physical injury result from it, as well as destruction of another’s
property. Even if it was an accident, somebody has to take responsibility.
What is strict liability?
For a case to fall under criminal law or be called a criminal case, there
are two major elements that must be proven:
mens rea and
actus reus. The latter term describes the criminal act itself while the former describes
knowledge that the act being performed was against the law. However, in
strict liability cases like traffic accidents, even without proving
mens rea, a conviction or a settlement is reached.
What kinds of cases can come from a traffic accident?
The most common case that results from traffic accidents are personal injury.
This happens when the vehicle collides with another vehicle and can result
in injury or death. Other cases that are involved range from vehicle to
What are the most common causes of traffic accidents?
Vehicular accidents have several types: head-on, road departure, rear-end,
side collision, and rollovers. These types have different severities and
repercussions, depending on the state of the vehicle and the driver at
the time of the accident. There are different factors that can affect
them as well.
- Human factors – The human factor can refer to the drivers, pedestrians,
and any other human element involved in the accident.
- Speed – More often than not, the most common cause of a car accident
is speeding. When drivers do not follow the speed limit of the road, they
can cause an accident or even run off the road.
- Driver impairment – This factor focuses on the state of the driver
during the accident. He or she may have been under the influence of alcohol
or drugs, or even physical impairment that affected his or her vision
and motor abilities.
- Age – Young age is a factor that affects both cognitive and decision-making
skills of the driver. Younger drivers are often prone to speeding and
driving recklessly. Older drivers on the other hand can experience difficulties
with vision and reaction times, which therefore affect their ability to
- Distractions – Common distractions that cause most accidents are
mobile phones and music. Especially when the driver is texting or calling
someone, his or her full attention is not on the road and the vehicle
he or she is driving. This can lead to collision and accidents involving
If you were driving the car and got into an accident or the pedestrian
that was injured, you can get a consult regarding what case you can possibly
file (or what case could be filed against you) at Kyle Law Firm.