Notes and Comments

Motor Vehicle Injuries

Not long after the automobile became part of daily life the first doubts were raised about the adequacy of legal treatment of automobile accidents.In this context and more generally we have considered the legal theory underlying the fault system and the impact on it of the institution of insurance.After we see how personal injury law actually works today,we can evaluate it.We start with some data that show the importance of road accidents in the overall picture.In 1989,in a total population of about 240 million there were some 94,500 accidental deaths,the three major categories being 46,900 motor vehicle deaths,22,300 deaths in the home,and 6,500 at work not involving motor vehicles.An estimated 9.0 million disabling injuries occurred,principally in the home (3.4 million),on the job (1.7 million),and in motor vehicle accidents (1.7 million).In 1989,accidents were the biggest killer of persons from ages one to thirty-seven,with motor vehicle deaths leading in almost every age category.Since accidents in the home frequently do not give rise to lawsuits and those on the job are often outside the tort system,the burden on the system comes overwhelmingly from motor vehicle accidents.(https://www.daowen.com)

The National Safety Council has concluded that accidental deaths and injuries in 1989 cost a grand total of $148.5 billion for all accidents,including $37.7 billion in wage losses (including loss of future earnings because of permanent impairment),$23.7 billion in medical expenses and $28.4 billion in insurance administrative costs.The automobile looms large in these figures,with the total cost of automobile accidents pegged at $72.2 billion,including $19.5 billion in wage losses.By comparison,worker injuries were estimated at $48 billion and home injuries at $18.2 billion.Property damage in automobile accidents was estimated at $26.8 billion,nearly three times the total property losses caused by fire.