Strict liability can be used in an accident claim if the accident involved a commercial vehicle or if the state's statutes permit its use. A strict liability claim is one in which the plaintiff argues that the defendant's behavior was so egregious and contrary to law, that the mere fact that the accident occurred is evidence enough of their responsibility. Use of these types of claims is usually severely restricted, mainly because they do not require much evidence of guilt.
Although individual states are responsible for establishing their driving laws, most states hold commercial vehicle drivers strictly liable for any accidents in which they are involved. This is particularly true if the vehicle was towing a trailer of hazardous materials at the time. The best example of this is a gas truck. If the truck is involved in an accident, the driver is strictly liable for the event.
Some states hold drivers who commit what they consider "serious infractions" strictly liable. This is because the defendant's actions are so egregious that they are considered to have acted recklessly or negligently in regards to the safety of other drivers.
In this case, however, the court would first have to find the defendant guilty of committing a serious infraction. Each state has different rules regarding what is a "serious infraction," but generally these include exceeding the speed limit by more than 25 or 35 miles per hour and driving while intoxicated. After found guilty of the infraction, a plaintiff could sue the driver under a strict liability claim.
If you believe that you may have a strict liability claim for an auto accident you were involved in, seek legal assistance. A lawyer will review your state's laws with you and discuss whether you can make such a claim.
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