“An Act of God”, in legal terms, usually refers to a force of nature, such as a storm, tornado or hurricane, or floods or winds. There seems to be a misconception about acts of God when it comes to personal injury and property damage. Many people assume that an injury or damage that occurs due to an act of God automatically carries no liability. This is just not the case.
In some incidences, while the damages are directly created by an act of God, the underlying cause is negligence. For example, let’s say a house is built with such substandard workmanship that a typical storm causes it to fall apart. Even though the storm is an act of God, the builder may still be held liable if it can be proven that his inferior building practices were also responsible for the damages.
Another tragic example involves an incident at a summer camp on Long Island, New York in 2004. While waiting for a bus to take him home, a 4 year old boy was killed when a branch from a nearby tree fell and struck him on the head. Questions were raised about whether the property owners had properly maintained the grounds, as the branch had fallen from a tree that was decimated and rotted by carpenter ants. Similarly, the recent tragedy where 4 boy scouts were killed in an Iowa tornado raised questions of liability of the adult leaders in charge of the campout, as severe weather alerts had been issued for the area but the adults in charge did not evacuate or leave the camp grounds.
In cases of injury or damage involving acts of God where negligence may be underlying, it’s always a good idea to consult with an accident lawyer who will help you sort through the questions and will explain your rights.
By: Terri Polk
Posts Tagged ‘Misconception’
Acts of God – Accident Lawyers Can Still Help
January 28th, 2010A Glimpse on Car Accidents in California III
January 18th, 2010
Preventive Measures
Nobody can tell where and where an accident may happen. Despite your strict implementation of precautionary measures, you are still prone to being involved in a car accident. Your only option is to stay home and to avoid driving on those busy streets, but certainly, it is impossible to accomplish.
However, in case you got into a confrontation with a negligent driver, the NHTSA has some recommendations that you may consider:
Avoid his or her track and do your best to keep a safe distance from his or her vehicle Forget your pride and maintain your temper. Do not provoke the other party in a speeding battle on roads. This will only aggravate the situation and further put both of you in a risky situation. Never engage in an eye-to-eye contact with the other driver. This may only trigger a misconception that you are challenging him or her. It is also advisable to avoid making gestures and refuse returning them. If you think that you cannot control the situation, put your car in a safe area and report the incident to the police who are duly authorized to castigate any aggressive driver.
Dealing with the Car Accident
As mentioned earlier, accidents happen when we least expect it. Thus, it would be better for us to know, beforehand, the proper steps to do in case of an accident.
Keep yourself away from further danger – some incidence of car collisions result in explosions so it would be better to vacate your car after removing it on the road track and go in a safer place. Determine the extent of your injury and seek immediate medical treatment by calling 911. Never let any incompetent individuals to handle the situations. Remember or better yet list down the facts about the other driver including his name, address and contact information. Get the licensed plate number and model of the car that struck you. Limit your statements and give information about the accident only to the police. It is also vital not to accept any fault from the incident fro it may just prevent you from filing charges against the other party in the future. Have your insurance company informed about what had happened. Seek the aid of an experienced auto accident lawyer in filing the proper lawsuit against the negligent driver.
Conclusion
Car accidents do happen and driver negligence is the main reason of such occurrences. Nobody then is guaranteed of safe travel since you can never be sure when these irresponsible people would appear on the roads. The least thing that we could do is to still abide by the traffic rules and understand the steps on how to handle these situations. If you suffered any injury from it, invoke your rights and have a credible lawyer to assist you in bringing your case in court.
We have credible resources regarding auto accidents, as collated by our firm’s well versed Auto Accidents Lawyer CA for your further information.
By: Rainier Policarpio