Personal Injury Law

Client Toolbox - If it's an accident is it still considered negligence? The Answer.

By Steve Lombardi

If you read yesterday's post you're answering a question about accidents still being considered negligence.

Here is the short version of the facts: driver of a van sees a pedestrian walking behind him and while trying to brake mistakenly steps on the gas. The question posed is whether an accident can still be considered negligent conduct for which he can be held liable.

The answer is yes, accidents are still causable negligence. In this instance the driver of the van knows the woman is behind him. She's clearly visible to him and he's trying to brake to avoid hurting her. But she is still injured because he makes the simple mistake of stepping on the wrong pedal, the gas pedal. He, as the driver of the car has a duty to step on the brake. He has a duty to stop. He has a duty to maintain control of the vehicle-car-truck-motorcycle-atv or another vehicle he's operating. And when he fails to do so he's in violation of that duty to control it. So yes it's still negligence even though he meant to step on the right pedal.

So if you answered yes you were correct.

Full post as published by Des Moines Personal Injury Lawyer on September 22, 2008 (boomark / email).