Insurance, Liability, And Liability Essay

There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932).

A. A plaintiff who was injured as as result of some negligent conduct on the part of a defendant is entitled to recover compensation for such injury from that defendant.A plaintiff is entitled to a verdict if jury finds1. That a defendant was negligent, and2. That such negligence was a cause of injury to the plaintiff.

As technology in automobiles continues to improve, the debate over driverless cars has become more frequent. A self-driving car is able to move and navigate on its own using sensors and programming technology without human control. Many people believe the development of driverless cars would be beneficial because they could reduce the risk of hitting another car. The sensors and navigation would be able to avoid accidents, while drivers usually get distracted and would be able to use their time leisurely in the car. A self-driving car may allow people to drive when unable to in the past, such as children and disabled persons, and can be more cost-effective due to cheaper insurance. However, self-driving cars could be extremely expensive and can easily malfunction and therefore not always reliable, while also decreasing the safety of pedestrians and children who may attempt to use the car without permission. With new technology and distractions, driver’s minds can easily wander and become preoccupied. Technology can easily malfunction, and something as small as my phone or a light bulb will glitch frequently. I often see cars stranded on the side of the road because the engine went out or broke down; imagine how catastrophic an accident could be if a sensor in the car went out. Driverless cars are not beneficial to society because while there are favorable aspects of a self-driving car, one can malfunction and add new risks to the road, as well as potentially hurting the

The technology is so new that the legal definitions of what constitutes a autonomous vehicle is still being clarified

The case study selected for week three centers on a liability and assumption of risk case study. In this case study, Brent Thomas and George Banks are facing liability charges after Ricky Watts sustained a serious injury during hockey practice (Essex, 2016). In this situation, Thomas is the school principal, and Banks is the hockey coach as well as the gym teacher (Essex, 2016). Ricky obtained injuries after improperly blocking the puck (Essex, 2016). This case study was selected because it highlights a situation that will likely be faced by all future school leaders. Sports are popular among students, and there is inherent risk in each sporting event. A school is open to liability if they do not ensure that proper protocols are met.

"Insurance is a legal contract that protects people from the financial costs that result from loss of life, loss of health, lawsuits or property damage."(Nielson.) This protection is given to the customer in exchange for a monthly payment to the company. This is a legal contract which is known as a policy, binds the customer to the insurance company for the duration of the policy. Insurance, whether it be life, health or auto, helps customers feel safe from everyday risks that can happen in life. Most insurance is optional, although some states enforce a law that automobile insurance must be purchased in order to register a car. Automobile insurance is very important. It helps the policy holder to protect their car

Cars are now becoming much more aware and these cars are available to the general public. In 2005 there was a course for autonomous vehicles and no car completed a tenth of the course(Guerra). These cars can now park themselves, raise their wheels to avoid potholes, check if you are drifting out of your lane, check out your blind spots, they know if any object is behind you when you are backing up and most important Tesla released a car that could drive itself on highways. Eleven years ago cars like this were science fiction and in 20 years they might become commercially available (Guerra). This is the start of self-driving cars being in the hands of ordinary people and not a test group. Some people my opt out of owning a self-driving car, however they will still need to

First driverless cars are much less likely to crash. In fact “The National Highway Traffic Safety Administration estimates that between 93 percent and 95 percent of car accidents are caused by human error” (par. 5, Tribune). This study displays

Many great technological feats have been accomplished in the past few years, one of the most notable would be the creation of self-driving cars. Along with the topic of what can be done with this technology, there is also the topic of what should be done with the technology from an ethical standpoint. Self-driving cars while not perfected are worth their innumerous benefits, despite the current limitations and drawbacks. Every year there are numerous incidents where the driver is responsible for a crash or even death. A self-driving car could be the very solution necessary to solving the abundance of accidents that occur daily across the nation. There are different levels of automation ranging on the amount of the drivers control of the vehicles. This technology is already being implemented in creative and helpful ways, and has been successfully tested.

Since the beginning of self-driving cars which first began in 1925 with the creation of the Houdina Radio Control; a car operated by two cars, a transmitter, and an antenna, to now - the futuristic dream of these autonomous cars have transformed into the reality of cars we see now. These cars are nothing short of the new technology advances that have occurred over the past decade. However, with these advances many question whether or not these cars are ready to be sold, due to the fatal accident that occurred May 2016 involving the autonomous Tesla and a white truck. Due to the Tesla not being able to detect the white tractor because of technological issues, the tesla failed to stop, and since the driver was not prepared to steer, it lead to the fatal collision eventually leading to the death of the tesla owner. With the increase of these cars on the road, from companies like BMW, Daimler, Ford, Apple, Uber, and Google, this poses a serious threat to not only the people operating this autonomous vehicle but also to the surrounding drivers. I believe that autonomous cars should not be put on the road, and that these cars are not beneficial to the population.

In the recent years, the United States government has been enforcing stricter mandates on auto manufacturers to create safer vehicles, and on construction companies to create safer roadways. Matthew Jensen wrote a dissertation for the Graduate School of Clemson University titled, A Methodology for the Analysis of In-vehicle Operating Data and Design of Intelligent Vehicle Systems for Improved Automotive Safety. In his abstract, Jensen evaluated the future of vehicle manufacturing and traffic-related incidents. Of course, every year more vehicles are manufactured, which in theory means the number of miles driven in vehicles increases. He points out how the World Health Organization (WHO) found that automobile crashes was the ninth

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

As the prevalence of autonomous vehicles finds itself becoming an everyday reality of society, the legal system finds itself almost at loss and needing to adapt in order to keep up with the rapidly changing technology. National Highway Safety Traffic Administration (NHSTA) describes a level 4 autonomous vehicle as having ‘Full self-driving automation’, which is defined as ‘The vehicle is designed to perform all safety-critical driving functions and monitor roadway conditions for an entire trip.’. Therefore, the driver is not required to monitor the roads however, it is predicted that the driver will offer a destination but the vehicle will be entirely in control including safety operations. Currently, the most common cars on the roads are

One of the major incentives for developing autonomous vehicles is the potential impact on vehicle safety. In 2009, there were 10.8 million motor vehicle accidents in the US, resulting in 35,900 deaths (Census 2012). It’s estimated that over 90% of all accidents are due to

The integration of autonomous vehicles will result in most human elements of driving being removed from cars and is predicted to result in the displacement of the current automobile insurance models. The biggest challenge the insurance industry will face from the integration of autonomous is who will liable for an insurance claims. Soon, auto-insurance companies will have to bear the responsibility of cars that are predominantly independent of human influence. Determining accident responsibility will be especially difficult for companies which allow the nullification of human interference or fault in accident causes.