Legal Issues and Duty of Care in the Tort of Negligence

BUSINESS LAW
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Question 1
In most cases, auto claims tend to be considerably overrepresented amongst subcategories of entitlements in the tort liability structure where the plaintiff's damages are exaggerated or generally made-up. Ruby has crashed into Peter's car because she negligibly didn't see the vehicle. When John rushes into the accident scene and sees how badly injured Peter was, he gets a shock and later collapses. It is suspected that he had a heart attack and is rushed to the hospital. This essay advises Ruby, Peter, John on their legal position.[Freeman Engstrom, Nora. "When Cars Crash: The Automobile's Tort Law Legacy." Wake Forest L. Rev. 53 (2018): 293.]
Ruby can be sued for causing the accident, particularly because it happened due to negligence. Ruby behaved in an inconsiderate manner and caused the accident, and it is for this reason that this is termed negligence. He was supposed to be reasonably careful as the law requires when encountering people on the road, whether pedestrians or other drivers. However, he did not adhere to the rule thus, he breached the duty of reasonable care. In determining whether Ruby was cautious enough, the law is going to compare his conduct with the conduct anticipated from a reasonable individual.
In a similar scenario, a reasonable person would have watched for the car that Peter was driving, slowed down, and maintained a steady speed instead of crashing into it. Ruby was supposed to be watchful and able to keep an appropriate lookout. Drivers have a responsibility in keeping alert and maintaining a cautious lookout for other road hazards, pedestrians, and vehicles. Failing to keep a good lookout is regarded as negligence.
Moreover, Ruby should also have been able to keep his car under control. In preventing the accident, it would have been better to stop quickly. There are many possible reasons that may have caused Ruby to cause the accident. Either he was driving under the influence of alcohol or was stressed or engaged in other things such as texting. Of course, to make such allegations or sue on such a basis, Peter will require evidence of the allegations. If the police were able to arrive at the scene early, or rather if Ruby was instantly arrested, the police would have been able to determine the reason for negligence.
After the comparison, the defendant's behavior will fall out of how a reasonable individual could have acted, thus the violation of reasonable care duty. Peter is the plaintiff as he is responsible for bringing the lawsuit and must show that the defendant, Ruby, was negligent. Ruby's conduct managed to cause injury to Peter, not forgetting John, who got a heart attack due to the incident. Peter is the plaintiff as he is responsible for bringing the lawsuit and must show that the defendant, Ruby, was negligent. Peter must be able to prove that the injury that he got was due to the accident and not any other previous occurrence. If Peter is able to show that Ruby was careless and negligent, Ruby will have no option but to pay injury damages.
Peter is the victim thus has the entitlement to injury compensation, car damage, as well as pain and suffering reimbursement. In case there was no attestable injuries or car damage, Peter would not be able to recover or be compensated for anything. All Peter has to do is give evidence of the injury, medical expenses, as well as the damaged car.
The first step that Peter should take is going to the hospital. This is going to ensure that he is treated and out of danger. Ruby should also make sure that Peter undergoes treatment. All the other issues can be handled later because if Peter were to die owing to the accident, that would be murder, and the case would even become overly complex. On death occurrence, Ruby can even be jailed for a lifetime.
After the treatment, Peter can then file an accident report stating the incidence of any intentions to sue. If Peter is convinced that suing is the best option, he should make sure to document the medical report, medical bill, and the time that he may have to stay at home or hospital and not report for work. This is to ensure that he is compensated for the time off too. The medical report will be used as evidence of the injury, while the medical bills will stand for the financial losses and expenses due to the accident. Both Ruby and Peter are supposed to contact the insurance company and report the accident. If not done immediately, the insurance company may object to reinstating them. Peter should hire a personal injury lawyer to evaluate the details of the case and establish the suing grounds.
If Peter was terribly injured and not in a position to sue, family members may sue on his behalf even if the accident did not directly harm them. If Peter were to die, the closely related family members would file a lawsuit on his behalf. Such people would include Peter's wife, children, his representative person, or any minor that he could have been supporting.
Ruby should not admit to the fault because any statements taken can be used as evidence in court. He should cooperate with the police during the investigation if required. Even though he caused the accident, evidence of negligence may be required. Talking to the police and telling them the truth, for instance, he was under stress, or such incriminating statements may only make matters worse.
John has no right to sue for fainting. An accident can affect many individuals, but this does not mean that they have the right to sue the wrongdoer. The only person who has the right to sue is the one who got injured. Other individuals like the witnesses and bystanders who were mentally traumatized because of the occurrence cannot be reimbursed for anything. As much as John fainted after seeing how Peter was injured, the condition is only personal. Maybe, Peter was not badly hurt, but John is not strong enough to witness such incidences, probably because of an underlying medical issue.
Still, even if Peter was badly hurt, John's painting is more of a medical issue, and there is no reimbursement for traumatized bystanders in an accident. However, if Ruby willingly wanted to contribute to the treatment of John, that would be her personal decision. If John or his family members were to file a lawsuit, Ruby has the right to dismiss the allegations on the basis that he does not have ...