I recently received a comment to a blog post where the writer quoted the bumper sticker “I can slam on my brakes and sue you.” In this post is my response:
Misunderstanding of Tort Law. As the great jurisprudential scholar Oliver Wendell Homes says: “The law should make common sense.” Well it does when we legally analyze the slam on my brakes and sue you statement. In this situation the brake slammer loses the lawsuit. The law does not provide an automatic recovery to one who is rear ended. In fact under tort law a person who slams on her brakes for no reason (except to bring a lawsuit) loses and is responsible for the damage to the following driver. On top of this the brake slammer will not be covered by her insurance. This is because auto insurance insures against negligence not against an intentional wrong.
Force of a Rear End Collision. The writer of the comment fails to recognize the force and resulting injury potential in a rear end collision. A rear end collision can cause serious injury to both drivers. All of my clients in rear end collisions would give back their recovery in exchange for their pre-injury condition. Added to this is the moral issue of intentionally causing a collision, in a misguided attempt to abuse the law, and causing injury or damage to an innocent fellow human being.
Some People Actually Believe This. As a personal injury lawyer trying automobile collision injury cases to juries it is important for me to recognize there are people who believe the statement of our comment writer. In my next jury trial I will ask potential jurors if any agree with “I can slam on my brakes and sue you.” This will allow me to identify jurors who believe most lawsuits are a meritless attempt to get money. Once identified I will go into the thought process with the potential juror which may lead to a successful challenge for cause. “Given your feeling that personal injury lawsuits are often meritless, do you agree it will be fairer for plaintiff if you sit on a jury in a different type of case?” If challenge for cause does not work then a peremptory challenge will have to be used.
Happy and Sad. I am happy to have seen and thought about the slam on my brakes comment as it will allow me to better engage during jury selection. I am sad a person may actually think and believe this. No competent personal lawyer would represent such a person. First, the brake slammer is liable in tort. Second, there will be no insurance coverage to pay as automobile insurance covers negligence not intentional tort. Third, there is no consideration for the other guy who is injured/damaged because of a misguided attempt to abuse the law. Finally, the brake slammer could and should face criminal charges for vehicular assault which means jail time.
Post Footer automatically generated by Add Post Footer Plugin for wordpress.
Remarkable This really is one of the most informative web sites I’ve ever come across.
The best blog. A thumbs up for you for posting it.
Sincerely,
Fred
96
I enjoyed reading this blog. I want exellent information like this for my own.
Great synopsis of commenting and how to very well written and all that link love you just poured out, great post, if this was a forum you would have a sticky on this.
Thanks for a good post. Love this source.
Will visit it again for sure!
This is a great site. Good clean interface and nice informative articles. I will be coming back, thanks for the great article.
Great site here, also it was a good read. Appreciate it!
I have been reading your blog posts frequently because of its compelling content. Regards.
Thanks for a nice article. Love this website.
Good entry. And I do think you are right on insurance.
Nice article dude!
Great synopsis of commenting and well written. If this was a forum you would have a sticky on this.
Ideal post!
Nice post!
Good post!
Nice post!
Hope, that you wouldn’t stop writing! Keep on!
This maner of writing is perfect! Keep on!
Nice article brother!
Ideal blog!
This maner of writing is perfect! Keep on!
Good post!
A thoughtful opinion and ideas I will use on my blog. You obviously spent some time on this. Thank you!
Nice post!
Perfect post!
This is a great site. Good clean interface and nice informative articles. I will be coming back. Thanks for the great article.
I agree with you totally.
Nice topic bro!
I bet, that this is one of the greatest blogs.
I came across your blog, i think your blog is awsome, keep us posting.
Useful info. Thanks so much, finally a decent website with good information in it.
I found your site on delicious today and really liked it.. i bookmarked it and will be back to check it out.
I love your site keep it up man! Keep it comin’!
Nice post!
Good blog!
This is a great site. Good clean interface and nice informative articles. I will be coming back in a bit, thanks for the great article.