Legal Framework for Automobile Accident Liability
The determination of liability and compensation in automobile accidents is grounded in the principle: “What cannot be prevented is not liable.” This implies that if a car accident occurs without any negligence on the driver’s part—such as driving at a safe speed and taking all necessary precautions, including using the vehicle’s horn when appropriate, which demonstrates no fault—then the driver is not liable for damages or need for compensation. In cases of such accidents, it is essential to refer to relevant authorities to examine all circumstances surrounding the incident and to consult the involved parties to develop an accurate understanding of the situation, as judgments are contingent upon proper comprehension.
Liability in Automobile Accidents Resulting in Passenger Injury
In instances where injuries occur to passengers within the vehicle, there are four potential scenarios to consider:
- The accident is a result of the driver’s negligence, such as failing to check the tires or properly secure the car doors.
- The accident arises from the driver’s reckless behavior, such as exceeding the speed limit or tampering with the brakes or steering. In cases where a passenger loses their life under these conditions, the driver is liable for the following:
- The expiation for accidental homicide, which entails freeing a captive; if this is not possible, then fasting for two consecutive months.
- Compensation for any property damage inflicted during the accident.
- The requirement for the driver’s relatives to pay blood money, which will be deferred for a period of three years.
- The incident occurs due to external factors beyond the driver’s control, such as a tire blowout.
- The accident results from the driver’s attempt to avoid danger, such as swerving to dodge a speeding vehicle, which leads to the car overturning and subsequent fatalities. In these two scenarios, the driver bears no liability due to the absence of negligence or recklessness.
Liability in Automobile Accidents Involving Injuries to Non-Passengers
When injuries from automobile accidents involve individuals outside the vehicle, two situations may arise:
- Either the injury is caused by the actions of the injured party themselves, leaving the driver with no ability to prevent the incident—such as when the injured person unexpectedly throws themselves in front of the car—resulting in no liability for the driver.
- Or the injury occurs due to the driver’s error, such as running over a pedestrian or reversing into someone. In this situation, the driver is required to compensate for the damages caused, provide the expiation for accidental homicide, and the driver’s relatives must cover the blood money.