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Accident Law Biography:

Source:- Google.com.pk
The word accident is derived from the Latin verb accidere, signifying "fall upon, befall, happen, chance." In its most commonly accepted meaning, or in its ordinary or popular sense, the word may be defined as meaning: some sudden and unexpected event taking place without expectation, upon the instant, rather than something that continues, progresses or develops; something happening by chance; something unforeseen, unexpected, unusual, extraordinary, or phenomenal, taking place not according to the usual course of things or events, out of the range of ordinary calculations; that which exists or occurs abnormally, or an uncommon occurrence. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence that causes injury, loss, suffering, or death; some untoward occurrence aside from the usual course of events. An event that takes place without one's foresight or expectation; an undesigned, sudden, and unexpected event.
In case of liability occuring under accident law, the following general provisions apply:
When someone gets hurt, someone else is usually at fault. It can be a simple case of someone running a red light, or a might involve a more complicated sequence of events. Some cases make it easy to figure out where to lay the blame, but most are fairly complicated. The legal system has developed a system of tests and standards to help lawyers and the courts determine who should pay in a personal injury case. The obligation to pay for injuries is known as “liability.” Liability can be shared, and there are different degrees of liability. In fact, some liability applies even if the party at fault did nothing wrong. Use the resources below to learn about how liability works and how courts determine who must pay for which injuries.
Learn About Who Is Liable?
Accident Fault FAQ
A collection of the most frequently asked questions regarding how fault is determined in accidents. Get answers to your questions about the elements of negligence, comparative fault, and much more.
Premises Liability FAQ
Answers to the most frequently asked questions about premises liability. In this section, you’ll find answers to your questions about hotel, school, city, and government premises liability law and cases.

Proof in a Negligence Case
An overview of the role of proof and evidence in negligence cases. Learn about direct and circumstantial evidence, the doctrine of res ipsa loquitur, and other concepts related to proving negligence.
Social Host Liability
Under the laws of most states, social hosts can be held liable for injuries caused by party guests who drank to excess. In this section, you’ll find information about state social host liability laws, underage drinking, and more.
Premises Liability: Who Is Responsible?
Under premises liability, the owner or occupier of a piece of property is held liable for certain accidents and injuries that occur on the property. Learn about the types of accidents and conditions that can cause premises liability to arise.
Governmental Premises Liability Claims
When a person is injured by a defect or condition on public property, the government may be liable. This section contains information on sovereign immunity, the Federal Tort Claims Act, and other issues related to premises liability claims against the government.
Injury Claims Against the Government
If your personal injury suit involves a claim against a federal, state, local government entity, or a government employee, you will most likely need to follow strict guidelines in bringing a lawsuit, including the requirement that you file a "notice of claim" within as few as 60 days after your injury. This is because governments and their subdivisions are usually entitled to what is known as "immunity" to liability and lawsuits, meaning that they cannot ordinarily be sued without permission.
Most governments have enacted laws that contain rules for filing an injury claim against them, and through these laws (usually called "Tort Claims Acts") federal, state, and city governments have conditionally given up or "waived" immunity to legal liability for an accident or injury. Note that if you do not follow the rules in these law (including giving the government prompt notice of your injury claim), you will lose the right to receive any compensation for injuries caused by the government.
The Notice of Claim
If you are involved in any accident in which a government agency or employee is involved (even in a minimal role), you should file a notice of claim as soon as possible, regardless of whether the government's fault is clear at the time.
The claims process differs from state to state, but generally the purpose of filing a notice of claim is to make the government aware that you suffered an injury, and to give the agency or entity a chance to respond to your contentions before you may file a lawsuit against the government. Your claim will either be accepted (which is rare) or denied by the government (most common). If your claim is denied, you are then free to file a lawsuit and attempt to hold the government liable through the civil court process. It may help to think of the notice of claim-filing requirement as a prerequisite to any formal civil lawsuit that can later be filed against the government.
For specific information about the requirements and procedure for filing a government-related injury claim in your city or state, call or write to the government agency that was involved in the incident. If you are unsure which branch of government may ultimately be responsible (i.e. city, county, or state), it is always best to err on the side of caution and submit a claim to each agency that may be at fault (to any extent) for causing your injuries.
Government-Affiliated Organizations: a "Gray Area"
Knowing when the government is involved in an accident or injury is not always clear in every personal injury claim. For example, suppose you are involved in a car accident with a vehicle driven by an employee of an organization that is not an official state agency, but the organization is funded in part by the state of California and operates in an office building owned by the state. After the accident, whether you are required to adhere to the California Tort Claims Act in pursuing a claim for your injuries will depend on whether the organization is an "arm of the state" for purposes of immunity to liability. As mentioned above, it is always best to err on the side of caution and submit a notice of claim to any government branch or government-affiliated organization that may be at fault in your case.
The complexity of bringing a lawsuit against the government, including the need to comply with statutory requirements in filing a notice of claim for injury, make the assistance of an experienced attorney a valuable asset in any accident or injury case in which a government entity may be at fault. Go here to learn more about getting an attorney's help with your claim.
Premises Liability Claims Against the Government
One of the most common premises liability situations occurs when a member of the public is injured by a defect on a public sidewalk or roadway. For example, many accidents occur when traffic lights or signs malfunction, are obscured, or are not present at all. Another example is where a local government entity is performing roadwork involving an excavation or obstruction of the roadway, and someone is injured due to the change in the road's surface or traffic flow. Finally, a very common situation is where someone is injured when he or she trips and falls due to a defect in a public sidewalk. In these cases, it would seem clear that the governmental unit responsible for maintaining the road or walkways should be held legally responsible to the injured party.
Traditionally, however, governmental entities enjoyed what is known as "sovereign immunity," which establishes complete immunity of the government from being sued and found liable in a lawsuit. State and federal governments have reduced this broad sovereign immunity over the years, however, by passing laws that limit the immunity of government entities in certain situations. These laws vary from state to state, but most are modeled on the Federal Tort Claims Act, which is a federal law waiving the sovereign immunity of the federal government under certain circumstances.
The Federal Tort Claims Act
Congress enacted the Federal Tort Claims Act (FTCA) in 1946. Prior to that time, the federal government could not be sued for a personal injury, wrongful death, or property damage caused by its employees unless there was a specific act of Congress explicitly authorizing such an action. Today, the FTCA allows individuals to recover against the federal government for personal injury, wrongful death, and property damage caused by the negligence of a federal employee, acting in the scope of his/her employment.
A person is generally found to be acting within the scope of his/her employment if his/her conduct was authorized by competent authority (for example, a supervisor or a standard operating procedure), and was serving, at least in part, a governmental purpose. If an individual is injured by the act or omission of an independent contractor retained by the federal government, the government might be held liable for the contractor's negligence if the plaintiff can show the government had the authority to control the detailed physical performance of the contractor, and to exercise substantial supervision of its day-to-day activities.
The only type of relief allowed under the FTCA is money damages for a specified amount. Federal law governs the procedure for pursuing a claim against the federal government under the FTCA, but the substantive law of the state where the negligent act or omission occurred will determined the government's liability. Under the FTCA, an individual must make his/her claim, in writing, within two years after it becomes apparent a cause of action exists. Submitting a written claim is a prerequisite to bringing a lawsuit against the federal government, and the failure to do so would likely result in the dismissal of a suit against the government.
State Government Immunity Laws
An individual wishing to bring a premises liability claim against a state or municipal government entity will be bound by the state's government immunity laws. Many state immunity statutes limit liability for premises defects; some do this by establishing a relatively low standard of care owed to those on government property. For example, some state immunity statutes require that the government exercise that level of care which a private person would owe a licensee on private property, rather than the "ordinary care" standard that has been adopted by most states for actions between private parties. In addition, some states create different standards of care depending on they type of defect at issue, and whether the injured party paid to use the property.
Several state immunity acts limit governmental immunity where a case involves a "special defect," which is a premises defect that is more dangerous than most because it presents an unusual and unexpected danger. A special defect is typically a condition that endangers ordinary users of a highway, road, or street, and usually does not have to have been created by the government entity to require the government to act to prevent injuries. For example, if a storm knocks a tree into a roadway, the government might be held liable for injuries resulting from the tree's presence if the government knew or, in the exercise of reasonable care should have known, of the problem.
Finally, as with claims against the federal government, state immunity statutes have written notice requirements and notice of claim requirements, with which an injured party must comply prior to filing a lawsuit against a government entity. Each state's rules vary as to when these notices must be given and what they must contain, so it is important to speak with an attorney regarding the law in your state.

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