Duquesne Law Review


Every man, woman and child in America will be an accident victim three times in an average lifetime. To recover for injuries sustained, the automobile victim presently must resort to the tort system. The tort system relies on the premise that one who negligently causes injury to another should compensate him for that injury. It provides full compensation for medical injuries, lost wages, property damage and the mental anguish accompanying injury in all cases where it is determined that the claimant himself was not negligent or careless. Simply, when the victim has done nothing to contribute to the accident and the injuries resulting therefrom, he is not "at fault" and therefore will be compenstated by the person who caused the accident or his insurance company. The scholarly works of the great teachers of tort law, Blackstone, Pollack and Cooley consider the right to sue for personal injury redress not only a civil right, but a basic civil liberty.

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