How Does Intentional Tort Differ from Negligent Tort?

Intentional tort differs from negligence in that in an intentional tort, one intends for that result to happen or the injury to occur. For example, when someone goes up and strikes another person, they intend to cause that injury, and so that’s intentional tort, like a battery of assault. That person made a conscious decision to do harm through their behavior.

With negligence, harm was caused because a person’s behavior fell below their standard of care. Not because they intended to cause injury. A person doesn’t mean for a car accident to happen, but because they were speeding and so was unable to stop in time. So, they accidentally caused that accident. As a result, they didn’t mean for the result to occur, but it still did. A driver has a duty to follow the rules of the road. And the harm that this person caused was because they failed to do that duty and were therefore negligent.

Another good comparison is if a person throws something at you. If someone throws something and purposely hits you with it, they have committed an intentional tort (specifically, battery). But if someone throws something which then breaks and flies into your eye, they have committed a tort of negligence. In auto accidents, many torts are the result of negligence rather than an intentional act. But you should still be as informed as possible. Consulting an attorney can assure that your situation has been examined with an expert eye and all possible torts have been identified. In an instance where your health or your ability to repair or replace your property is in question, it always helps to be thorough.

If you’ve been affected by an auto accident, give us a call at Simpson Law Group. We have experienced car accident attorneys who are here to help.