LawIntroductionThe damages caused for property or serious injuries for the body need financial help to over come the challenges of repair and recovery. The people who operate the automobiles must show reasonable care under all circumstances. The failure of not exercising the care amounts to negligence. The person who showed negligence has to pay for the compensation of the victim. Here in this case the negligent is considered as defendant and the victim is known as plaintiff. Plaintiff has to prove that the injury or damage has been caused due to the negligence of the defendant.
The plaintiff, if proved that, can recover actual expenses associated with property damage and medical costs, economic damages and emotional and physical pain and suffering compensation. If the automobile has been insured, the insurance company will pay for the third party; the victim. If the automobile involved in the accident comes under underinsured driver, the negligent or driver may not get any insurance cover from the insurance company. Compensation for Physical InjuriesIn traditional tort law involving the compensation of damages or injuries, the culpable negligence of one of the parties is taken into consideration.
In this case as the negligent is tanker driver Usman, the plaintiffs should approach insurance company for recovery of the cost happened due to damages. As Usman’s contributory negligence is due to the inability to negotiate the bend, the whole responsibility falls on insurance company and the Cenco Ltd, which hired Usman. If the Jury supposes that the victims in the accident mentioned in the case are unattached, then the plaintiffs need to run a litigation against the organizers of the race and training camp, who did not take enough precautions to avoid the accidents.
In this case instead of taking the damage occurred to the community as a whole, if the individuals make the insurance company and the organizers of the race and training camp as defendants, then the case may help in having individual share of the damage according to the injury or loss caused. One can have reasonable compensation paid if the lawyer is able to prove that the culpability and accountability is measured according to the damage caused but not according to the acceptable behavior.
The payment of the compensation and cost assessment depends on (1) the decision of assessment of charges against the defendant and for his conduct causing injury, (2) separate decision for making compensation paid to injured, according to the loss occurred but not related to the behavior. The assessment as a consequence of particular accidents or assessment of the activity independent of involvement of individual will help the victims in the present case. As the driver Usman is not drunk, he can apply for insurance company that there is nothing to blame him.
In this case the insurance company has to pay the compensation depending on the loss occurred to the plaintiffs. At this juncture, the insurance company and Cenco Ltd may drag the organizers of the race and training camp into litigation. This may delay the settlement of claims and this delay can be avoided if the plaintiffs involve organizers of race and training camp along with insurers and Cenco Ltd. The lawyer of the plaintiff should prove that the damages, injuries or loss would not have occurred if the action of the defendant has been absent.
This makes the insurance company and the Cenco Ltd to pay for the most of the compensation. The same principle cannot be applied to while running litigation against organizers of race or training camp as it involves the action of the participants also for the damage occurred. To make use of above principle, the insurance company and Cenco Ltd can be put as defendants in one case and the organizers of race or training camp in other litigation.
As the driver Usman may or may not be able to bear the full cost of the damages and injuries occurred, the case might be strong if the defendants are combined entity of insurance company and Cenco Ltd in one case and the organizers of the race and training camp in other litigation. In this case the inability to negotiate the curve that caused Usman to plough into the cycling team can be termed as action and that unforeseen incident can be taken as the one that makes the insurance company and Cenco Ltd to pay the loss caused.