There are occasions where you have no chance to evaluate the surrounding risk factors. A vehicle oncoming from the opposite lane might lose control due to numerous reasons and crash to you with an enormous force. Chances of being involved in a similar situation are relatively low. However, it is a fact rather than a potential worst-case scenario. The aftermath could be unbearable for the victim as surviving a high impact crash without a permanent condition is truly a miracle. It is fair to say the victim has no contribution to the accident. As the victim’s sufferings would be hard to let go, monetary damages may be awarded to the victim to prevent unjustness.
Victim’s injuries might have long-standing effects
Injuries might be hard to deal with, but these are not everlasting difficulties. Sooner or later, the victim will be adapted to his/her post-accident life. What matters is the victim’s capacity to sustain his/her life in previous standards. The physical condition of the victim can be inconvenient to work, earn and sustain his/her life just as it was before. Additionally, life expectancy is likely to decrease. This could be sufficient to prove the victim’s post-accident psychological pain.
Financial difficulties can reach devastating amounts due to the physical incapacity of the victim. The importance of personal injury laws can easily be understandable at this point. Firstly, by imposing strict duties on individuals, the possibilities of being involved in an accident caused by the foreseeable risks, are being decreased. Then, if the accident couldn’t be avoided, the victim’s sufferings are to be minimised.
The duties are imposed to decrease the human error factor in accidents
In numerous environments, accidents can happen. It is fair to say that our lack of care is a contributing factor in accidents. The purpose of the duty of care system is to keep the order in public by imposing obligations to act responsibly. Considering the share of the negligence factor in accidents, the numbers are being decreased significantly. Your duties can be fulfilled by regularly inspecting risk factors and removing them. Sometimes the risk can be the person itself. You are obliged to hesitate to act in an irresponsible manner. As in motor vehicle accidents, certain activities involve foreseeable risks. It universally agreed that speeding and driving aggressively increases the chances of having an accident.
In workplaces, failure to respond to risk factors in time is a breach of duty of care. As the conclusions are foreseeable, the employer’s duty involves ceasing the work until the work conditions are stabilised. On the other hand, employers shouldn’t cause the risk in the workplace. In numerous work accident examples, the duties are being neglected by carrying the work on whilst the inventory isn’t suitable for the work. Certain operations should be done with specific equipment. As an example, the use of certain equipment and explosives are prohibited in boring and mining operations. Due to the high impact blast, the structure can collapse and foreseeably, harm the workers. Proceeding the work with this equipment is utterly the employer’s fault.
Accidents compensation is to aid those in need
As the breach of duty conduces to foreseeable accidents, if a duty was owed to you, it has to be performed. Failing to do so has the potential to end up in an accident that may make an impact on the victim’s physical and economic condition. After an accident, the victim has the right to sue the liable party to recover his/her loss. Additionally, being the contributory factor to a work accident as an employer may conduce to a judicial process.