Question

Alex is driving down Park Avenue on her way to meet friends for dinner. She receives a text message, with a change in the evening’s plans from a sushi bar to a pizza place. Upset about the switch from sushi to pizza, Alex focuses on her phone, taking her hands off the wheel and her eyes off the road as she explores alternative restaurant menus in the group text. Alex’s car slams into Robert’s car in front of her, causing Robert’s car to veer off the road into the center median. Robert’s head hits the windshield and he sustains a concussion. Robert’s car hits a trash can. The force of the impact causes the trash can to shatter, sending the trash can fragments flying. Lily, window shopping a quarter of a mile away, is hit by the flying debris and falls, breaking her arm on the icy sidewalk. Robert sues Alex, and Lily also sues Alex. Judgment for whom in each case?

Answer 1

In the given situation, Robert may sue Alex as Alex was negligent while driving. When a person is negligent, it means that he or she has behaved in a thoughtless or careless manner, which has caused harm or injury to another person. Negligence is a legal theory often used in car accident cases. A driver must use care to avoid injuring other motorists, passengers, or pedestrians -- basically, anyone that he or she encounters on the road. If a driver is not reasonably careful and injures someone as a result, the driver is liable for injuring the accident victim.

Elements of a Negligence Claim are:

• The law required the defendant to be reasonably careful.
• The defendant was not careful
• The defendant's conduct caused plaintiff's injuries
• The plaintiff suffered losses and/or was injured

Given that Alex was negligent, Robert may sue Alex. However, there was no sign here that Robert was negligent as he too was in the middle of the accident and the loss suffered to Lily was incidental, she may not sue Robert.