Is a girl obligated to financially assist the car owner because she caused his car to overturn and him to sustain injuries?
This issue involves some detail: 1. If the girl standing in the street was the primary cause of the accident, such that the driver could not avoid her, then she guarantees what resulted from that, whether damage or harm to persons or property. 2. If the driver could have avoided the girl without an swerving that would lead to overturning, but he over-swerved and his car overturned, then the girl bears no guarantee. 3. If the accident was a result of shared fault between the girl and the driver, for example, if the driver could not avoid her except by swerving while driving at excessive speed, then they both bear responsibility, and experts estimate the guarantee between them.
For a guarantee to be established, three conditions must be met: the existence of an aggression, the occurrence of harm resulting from this aggression, and a causal link between the aggression and the harm. The fundamental principle is that the direct perpetrator is liable even if not an aggressor, whereas the indirect cause is not liable unless they were an aggressor or negligent. If a direct perpetrator and an indirect cause converge, the responsibility falls on the direct perpetrator, not the indirect cause, unless the indirect cause was an aggressor and the direct perpetrator was not. If two different causes converge, responsibility is borne by each according to their proportion of influence in the harm. If they are equal or their proportion of influence is unknown, then responsibility is equally on both.
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- 21294
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