


Probably the most common form of tort claim that is asserted are claims arising from automobile collisions. Those tort claims normally involve some careless or reckless act by one person resulting in a collision with another motor vehicle or pedestrian. Whether the operation of a motor vehicle involves actual negligence is going to depend upon how the driver’s conduct is viewed in light of the Rules of the Road as set forth either in the State code or the local Code governing traffic regulation. The Rules of the Road or traffic regulations establish the standards for operation of motor vehicles. A violation of these rules or regulations typically constitutes negligence.
Motor vehicle accidents involving common carriers (buses, taxis, trains, planes) may have a set of rules that are slightly different than what would apply in a motor vehicle accident case. Common carriers are frequently held to a very high degree of care. As such, if there is even slight negligence on their part that contributes to the injury of their passengers, then the common carrier may be liable.