DEFENSES TO MOTOR VEHICLE NEGLIGENCE ACTIONS

Torts: Negligence: Defenses

When an owner or a driver of a motor vehicle is sued for negligence for an accident, the owner or the driver may claim several defenses in the lawsuit. Such defenses include that the person seeking damages was contributorily negligent, that the accident was unavoidable, that there was a sudden emergency, that the owner or the driver's conduct was not the proximate cause of the accident, or that the owner or the driver had an excuse.

A person who is seeking damages as a result of a motor vehicle accident is not entitled to recover from an owner or a driver of the motor vehicle if the person was primarily responsible for the accident or was contributorily negligent. Contributory negligence occurs when the person breaches a duty, which breach was the proximate cause of the accident. In most states, the person's damages will also be reduced in accordance with his or her comparative negligence for the accident, that is, in accordance with his or her proportionate responsibility for the accident.

A driver who is seeking damages as a result of a motor vehicle accident may contribute to the accident by failing to keep a proper lookout, by failing to take evasive action, or by driving at an excessive speed. A passenger who is seeking damages as a result of a motor vehicle accident may contribute to the accident by allowing an intoxicated driver to drive the motor vehicle. A pedestrian who is seeking damages for a motor vehicle accident may contribute to the accident by failing to keep a proper lookout or by crossing a street outside of a crosswalk. A failure to wear a seatbelt does not usually constitute contributory negligence because it is rarely the proximate cause of an accident.

An unavoidable accident is one that was not proximately caused by the negligence or conduct of any party. An unavoidable accident is one that is usually caused by a physical condition or circumstance, such as snow, fog, a wet payment, or something that obstructs a driver's view. However, in order for a physical condition to be considered the cause of an accident, the condition must be peculiar and not ordinary or expected. An unavoidable accident may also be caused by a driver's sudden loss of consciousness, by a sudden defect in a motor vehicle, or by an act of God, such as a flash flood. If a child who is too young to be capable of negligence causes an accident, the accident may also be considered to be an unavoidable accident.

A sudden emergency is a condition or circumstance that arises suddenly and that requires some type of action for which there is no time for deliberation. A sudden emergency cannot be the result of negligence on the part of another party. Examples of a sudden emergency include when a vehicle suddenly changes lanes in front of another vehicle or when a vehicle skids in front of another vehicle. The defense of a sudden emergency cannot be used if a driver's own negligence placed him or her in a situation that required a sudden response.

In order to be held liable for a motor vehicle accident, the conduct of an owner or a driver must be the proximate cause of the accident. If the act of another person is the proximate cause of the accident, the owner or the driver may raise the issue of proximate cause as a defense.

When a person seeking damages as a result of a motor vehicle accident claims that an owner or a driver is responsible for an accident based on his or her violation of a statute, the owner or the driver may claim as a defense that he or she had an excuse for violating the statute. Excuses for violating a statute include incapacity, not knowing or having reason to know of the statute, inability to comply with the statute, an emergency, or when compliance with the statute would involve a greater risk. A person claiming the defense has the burden of proving that his or her excuse is a legally acceptable excuse.

In the past, some states had guest statutes, which statutes prohibited a nonpaying guest in a motor vehicle from recovering damages from the owner or driver of the motor vehicle when the nonpaying guest was related to the owner or the driver. The purpose of these statutes was to prevent collusion among family members for automobile accidents. However, most states have abolished their guest statutes.