Friday, March 27, 2015

In the following scenarios, use the framework for identifying business/legal issues to identify, explain and provide a solution for each: Example 1: A delivery driver is completing his daily route and is approaching an intersection which allows him the right of way on a green light. He must suddenly brake for a pedestrian who walked out in front of his truck and proceeded to walk across the street against a red light. The delivery truck driver fails to stop in time and hits the pedestrian causing serious personal injuries. Example 2: A delivery driver is completing his daily route and is approaching an intersection which signals a red light for him to stop. He does so, but when the light turns green, the vehicle ahead of him does not proceed. The delivery truck driver becomes agitated and accelerates, hitting the vehicle ahead of him, causing personal injury to the driver of that vehicle. Example 3: A delivery driver is completing his daily route and during a severe snow storm, his truck slides off the road and hits a corner store causing severe property damage and injuring an employee.

The legal issues that each of these examples raise is responsibility for the accident and the resulting liability that responsibility entails. The cause of the accident is one of the key factors in tort law.
The first example has a pedestrian who was jaywalking. Without having a right of way, the jaywalking pedestrian is the one who caused the accident, and they will be the one responsible for covering any losses and injuries resulting from the accident, including their own.
The second example involves a truck driver who got angry and deliberately caused a car accident. Because it was a deliberate act, the truck driver was responsible and will be liable for any injuries that were caused. Additionally, because the accident was deliberate, the truck driver might even be made to pay punitive damages—damages that go above and beyond compensating the injured parties and are made to punish especially bad actors for egregious conduct.
While the first scenarios are fairly straightforward, the third example is complex and would be very fact intensive to determine who was at fault. Drivers are responsible for driving reasonably safely in the situations they find themselves, including inclement weather. If the truck driver was driving in a way that would have been safe for sunny and clear conditions but unsafe for snowy conditions, then the driver would be responsible for the accident and would be liable.

No comments:

Post a Comment

Summarize the major research findings of "Toward an experimental ecology of human development."

Based on findings of prior research, the author, Bronfenbrenner proposes that methods for natural observation research have been applied in ...