Drexhage, speeding illegally, passed a car being driven safely by Dan Riley, and then swerved too closely in front of him. Riley reacted to avoid the collision he sensed by slamming on his brakes. His car skidded off the highway, spun around, and struck a heavy guardrail and post. He was injured and his car was badly damaged. Is Drexhage liable?
Yes. Drexhage's negligence was the proximate cause of injury to Riley. When ordinary negligence causes injuries to another, or even death, it often happens that no citation is issued for a traffic violation. The driver at fault may be civilly liable for compensatory damages in a tort action, but not criminally liable. However, if the negligence is extreme, or gross, verging on the willful or deliberate, punitive damages may be recovered, in addition to the compensatory damages. Criminal charges are more likely to be filed against the wrongdoer. Note, that if Riley simply skidded to a stop and suffered no bodily injury or property damages to his vehicle, he generally could not recover for his mental distress. The problem of recovery for mental distress when there is no physical contact or injury is discussed in Chapter 7, Torts.
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