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Where Does "Fault" Come From?
Posted by Anthea Mumby
Feb 02, 2012
Driving a vehicle is a privilege, not a right. When we operate a vehicle, we have the responsibility and obligation of maintaining complete and total control of the vehicle at all times. We are also expected to operate the vehicle in a safe manner and adhere to all rules of the road.
Unfortunately, there are times when people ignore the rules, become distracted or make decisions that do not turn out the way they had hoped. These things are essentially what causes all accidents. Accidents are called "accidents" because though we may not always be driving exactly as we should be, people generally do not drive with malice, or the attempt to cause injury or damage.
That said, determining fault does not mean determining intent. A collision will always have at least 1 person who is at fault, but will seldom have someone who had intent. It is this separation of intent and fault is where most of the confusion and upset is generated.
When a driver is told they are at fault for an accident, they sometimes feel that they are being told that they intentionally did something wrong, or somehow chose for the accident to occur. This, however, could not be further from the truth. In fact, most accidents happen because, as mentioned, people become distracted or influenced by external factors or make split second decision that turns out to have unpleasant results.
Failing to maintain complete control of your vehicle is the most common reason collisions occur. Take for example a driver on an icy road. If you fail to maintain control of your vehicle on the ice, you are responsible for the consequences, including any collisions that result. If you swerve to avoid an animal or an out of control vehicle, and as a result lose control of your vehicle, you become responsible for the damage you cause. Because driving is a choice we make, we assume the responsibility to maintain full control of our vehicle each and every time we drive. If external factors exist that causes us to question our ability to have that full control of our vehicle at all times, then our choice becomes to either accept that risk and the consequences of our actions, or to choose not to accept the risk and thus not drive.
Distractions account for another good portion of accidents. Many things can startle and distract a driver from giving their full attention to driving. Spiders on the rear view mirror, children in the back seat, the sun in your eyes, the end of your CD, your cell phone … these are all things that can deter our attention from the road long enough for us to get into an accident. While we cannot turn off the sun, or the world around us, we can usually take preventative measures to reduce the effects these things have on our ability to focus on the road. Turning off the cell phone, pulling over before tending to children and wearing good sun glasses are all simple things that all of us can do to help cut down on distractions.
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