Traffic crash liability determination: Danger and Dodge model |
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| Affiliation: | 1. Traffic Police Headquarters of Jiangsu Province, Nanjing, China;2. Urban Transport Research Center, School of Traffic and Transportation Engineering, Central South University, Changsha, Hunan 410075, China;1. Toyota InfoTechnology Center, 6-6-20, Akasaka, Minato-ku, Tokyo 107-0052, Japan;2. School of Culture – Information Studies, Sugiyama Jogakuen University, 17-3, Hoshigaoka-motomachi, Chikusa-ku, Nagoya 464-8662, Japan;1. Department of Civil & Environmental Engineering, King Fahd University of Petroleum & Minerals, Saudi Arabia;2. Department of Civil Engineering, University of Bahrain, Bahrain;3. Center for Environment & Water, Research Institute, King Fahd University of Petroleum & Minerals, Saudi Arabia;1. Department of Civil, Structural and Environmental Engineering, Engineering Statistics and Econometrics Application Research Laboratory, University at Buffalo, The State University of New York, 204B Ketter Hall, Buffalo, NY, 14260, United States;2. Transport Research Institute, School of Engineering and the Built Environment, Edinburgh Napier University, 10 Colinton Road, Edinburgh, EH10 5DT, UK;3. Department of Civil, Structural and Environmental Engineering, Stephen Still Institute for Sustainable Transportation and Logistics, University at Buffalo, The State University of New York, 241 Ketter Hall, Buffalo, NY, 14260, United States;4. Public Safety & Transportation Group, CUBRC, 4455 Genesee St., Suite 106, Buffalo, NY, 14225, United States |
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| Abstract: | By proposing a systematic set of rules for traffic crash liability determination, this paper attempts to prove the feasibility and practicability of legal liability in handling traffic crashes. Two sequential elements are identified for crash occurrence, i.e., the occurrence of a dangerous situation and failure in dodging the dangerous situation. A Danger and Dodge model is subsequently established for liability determination in a traffic crash. By investigating the basic mechanism of a crash occurrence, the specific contents of causalties and the effect of the parties’ acts in traffic crashes are specified. Based on the theories of social adequancy, the principle of reliance and the duty of care, the study further proposes to use the “peril” of a dangerous situation and the “possibility” of dodging the dangerous situation to appraise the effect of the parties’ acts upon a crash occurrence, with the rule of the “pattern deciding effect”. The proposed approach would be very helpful to the concreteness of the determination of liability in a traffic crash. Two case studies are presented for demonstration. |
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| Keywords: | Traffic crash Determination of liability Danger and dodge Pattern deciding effect Rule of determination |
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