Motor Vehicles Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Motor Vehicles.
They’re massive, heavy, cumbersome, they don’t turn easily, they have blind spots, move in a jerky fashion, have to frequently back up and they can be deadly. They are unlike other trucks because their movements are unpredictable and erratic, and that’s even if the driver is properly trained and attentive. The dangers of garbage, waste, trash and recycling trucks to pedestrians, children playing, the elderly, people walking dogs, talking to neighbors, getting the mail or driving cars are real.
What can you be compensated for if you were a passenger who was injured in a car accident?
The unique risks landscaping trucks pose to children, the elderly and other pedestrians and bicycle riders who cannot get out of the way fast enough is particularly worrisome when landscaping trucks barrel down at them in a residential neighborhood. Causes include inexperienced drivers, poor training, and mechanical failures. Complexities for attorneys include the need for truck safety experts in litigation and insurance issues.
The most recent recall affects BMW X3 and X4 SUVs from the 2015 model year and X5s from the 2014 and 2015 model years.
America has come a long way and made major improvements from certain aspects of its history of racism and discrimination…after all, we have elected a black president twice, and have countless people of color holding high public offices and positions of power and esteem among the various professions. However, make no mistake: racism is very much alive and continues in America. People of color feel it every day.
Although social media is an amazing tool that people can use to share ideas and keep in touch, social media can destroy your chances of winning a personal injury lawsuit.
Obtaining representation after a ride-sharing accident can be an important first step for those injured in a crash.
Bicycle road rules exist for our safety. Breaking them endangers not only yourself but also those around you. Safety laws for bicyclists in Los Angeles are very carefully considered. This is a city of roads, streets, highways and all other kinds of places for wheeled vehicles to operate.
One common question from bicyclists is that of liability in the event that the rider is doored. This is an accident that occurs when someone in a parked car opens their door into a lane where a bicyclist is riding and strikes the bicyclist, often causing serious injury.
If you contract Zika, you may have the legal right to recover damages. But you also may have legal liability if you don’t protect others from catching Zika from you.
The terminology "car accident lawyer" does not automatically invoke visions of a personal injury lawyer, although the two phrases are synonymous. Typical car accident claims involve both injury to body and damage to the car. These types of claims are the same yet separate cases in an insurance settlement.
Rental Car Accident Insurance offered by car rental companies, as well as the rental car insurance coverage on your personal car insurance policy and from credit cards is a confusing maze, even for personal injury attorneys in California. However, once you understand what you have and what to purchase when you rent a car rental, you should be confident if you are in a car rental accident in California, you and your passengers will be covered for your injuries and any rental car damage.
"Full Coverage" is one of the most common myths of insurance. Learn where your gaps may be, and how to better protect yourself after an accident.
Social media has become a cornerstone of communication. Before mentioning your accident online, know how social posts can impact your personal injury case.
Navigating the landmines of a personal injury claim by yourself can be devastating. When you represent yourself in these claims, your decisions are influenced by your emotions, pain and suffering, not to mention the lack of knowledge. Therefore your decisions will be emotionally driven and these are the worst kind of decisions. A personal injury lawyer can help you in your time of need, they know the ins and outs and the laws that govern these types of claims.
As the world advances in technology and new types of treatments are available, other issues may occur with a rise in complications. As applied to the medical world, cutting edge treatments may mean a significant risk factor in calculating personal injury amounts in compensation or for medicine that has just become available.
The number of car sharing injury accidents in California will grow substantially as car sharing becomes a $7 billion business globally over the next decade. For automakers, car sharing and ride sharing are a way to hedge their bets as car owners choose to use Uber or Lyft ride sharing services and car sharing services and abandon car ownership. For cities it’s a way to take thousands of vehicles off the road. For accident attorneys and personal injury lawyers in California it’s the future.
For Texans, the effects of the North American Free Trade Agreement (NAFTA) are not only visible in an invigorated economy but also in the physical dynamic of increased commercial traffic.
Self-driving cars will undoubtedly become a widely-acceptable new technology in the near future. But, as with any new technology, mistakes can happen. In this case, dangerous car accidents that could ruin lives are a possibility, even though computerized cars are meant to make driving safer. And the manufacturers of these autonomous cars are pushing for protection from lawsuit through federal preemption. Here's why this could be a serious problem for drivers of autonomous cars.
Earlier this year The Indiana Supreme Court Was Asked Whether Medicare, Medicaid, and HIP payments could be introduced as evidence of the reasonable cost of medical treatment. Their answer is a surprise to most injury lawyers in the state and does damage to personal injury cases where payments for treatment were provided by a state-funded insurance program.
Driving is like breathing for most Californians: we use our cars in every aspect of our daily lives. However, no matter how experienced you are with driving or how stringently you observe the law, you have no control over how others drive. When you or a member of your family have been injured in a car accident as a result of another's negligence, you should consult with an attorney to understand all of your legal rights and options for holding responsible parties accountable for your losses.
The 2017 new California law restricting cell phone use in cars was designed to further reduce the number of auto accidents and injuries caused by the use of cell phones. Starting January 1, 2017, it will be a violation of the California vehicle code not simply if a driver texts someone while driving but in many other instances. While the intent of the law is admirable, the new law unfortunately may do little to reduce the number of cell phone accidents and injuries.
A safety defect in the steering for Mazda vehicles has led to a recall from 2006 to 2012.
In Florida, personal injury lawsuits require that the plaintiff show that the defendant(s) directly caused or substantially contributed to the injuries at-issue. Read on to learn more about causation.
The number of deaths and injuries that occur in the United States from traffic accidents are astounding, and more than half of them involve a cell phone!
Knowing what to do in regards to insurance and covering the property damage to your car after an accident can be confusing. You have options to cover your property damage with collision coverage: go through your own insurance, or the other driver’s. Both have their pros, and both have their cons...
Car accident cases involving personal injury can be stressful, tedious, and confusing. They are not to be handled alone. A highly-experienced personal injury lawyer will be able to guide you in the right direction and ensure that you don’t make any mistakes that can hurt your case. But little mistakes can put huge dents in your car accident case. Some result from traps set up by defense attorneys and insurance companies. Here’s a list of 13 mistakes that could hurt your car accident case.
Members of the truck cartel will have to pay a fine totaling approx. 2.9 billion euros, and things could become even more expensive if damages claims brought by clients follow.
One might have thought it would be easy to settle an Uber accident claim or lawsuit in California. After all, California now requires increased amounts of insurance coverage for Uber accidents. However, there’s nothing simple in resolving an Uber car accident case and the difficulties are only going to increase substantially when Uber cars become self-driving. More than ever, victims of Uber auto accidents need experienced Uber car accident personal injury lawyers.
Many accidents have various faults and reasons behind the why and how. Though there are dangers on the road or with weather, most collisions and injuries are caused by drivers. These accidents may be through distractions, driving under the influence of alcohol or drugs, crumbling roads, dangerous weather, objects in the road and many other similar obstructions and issues.
Many drivers have cellphones in the car with them when they are travelling from one place to another. It is when they look at it, use it to text or other similar acts that accidents and injury may occur. The demands these devices place upon a person’s attention often have him or her looking at the phone every few minutes even if it has not rung or signaled incoming messages.
When an accident occurs, many victims and participants are completely unaware of what procedures, documentation and other issues need to be completed or taken care of. Without the aid of a lawyer, this information may elude those that require it most. In most instances, an accident with vehicles involved necessitates an insurance claim for damage to the car and repairs.
As the number of people texting has steadily increased, so have the number of cases involving motor vehicle accidents caused by texting while driving. The use of cell phones while driving leads to many avoidable accidents every year.
Drivers have become more aggressive on roads and in traffic for several years. This phenomenon has become one of the top issues that often leads to vehicle accidents. Outbursts of violent behavior have become commonplace in traffic jams and in rush hour.
Collisions occur at night more so than during the day for various reasons. The lack of light affects many drivers adversely, but the bright lights of other vehicles may also be a contributing factor to the extensive numbers of accidents in the dark.
There is a new piece of federal legislation being proposed that would give financial incentives to whistleblowers who expose safety defects in autos. The legislation is in response to the recent wave of auto defects, some of which were concealed by automakers for up to ten years. It would allow any whistleblower to share in the penalty payments that an auto company may be forced to make as a result of failing to disclose a known defect.
A major concern for personal injury victims is the medical bills that are inevitably incurred after being injured in a car accident.
To successfully recoup medical expenses from your personal injury insurance claim. a claimant must satisfy the adjuster that the medical treatment was necessary and that the charges were reasonable. Most injury victims have issues doing so because they do not understand the criteria by which an adjuster reviews their claim. The frustration leads to hiring a car accident attorney to prove the value of the claim. It is important to understand what is necessary to prove past medical expenses.
Since the beginning of the year, the MS Conny Schifffahrtsgesellschaft mbH & Co. KG (a shipping company) has been the subject of insolvency proceedings (Az.: 504 IN 16/15). The fund vessel MS Cornelia now appears to have been sold.
Prom is one of the most festive times of the year for high school students. For many, it is the first time that they dress up to a formal event and the first time that they may be given full freedom by their parents. While this is certainly an exciting time, it is also a time to be concerned about alcohol abuse and potential liability issues associated with the event.
In an effort to curb the disastrous results of drunk driving, more and more states have implemented laws to hold additional parties responsible for their collusion in contributing to drunk driving. These laws are often instituted when strict penalties for DUI have failed to successfully decrease the number of accidents and DUI cases.
The German railway company Deutsche Bahn must allow for more competition. The Bundeskartellamt, Germany’s Federal Cartel Office, found that the company had abused its dominant market position with respect to the sale of rail tickets.
Driving under the influence is a preventable type of offense. Accidents involving alcohol-related incidents are increasing, but the statistics about these accidents are often surprising. It is possible with more knowledge about these crimes, they may be avoided.
When a driver is texting, they are not paying attention to the road or traffic. This may lead to severe injury through negligence. Because all senses are impaired whilst texting, these actions are potentially worse than driving under the influence of drugs or alcohol.
Driving under the influence of drugs is a factor that leads to personal injury, property damage and sometimes death. When driving through traffic, it is vital that individuals avoid imbibing substances that may impair capability and judgement.
The instances of driving under the influence during the day have been increasing. It is becoming a major problem that needs to be remedied. Though nighttime impairment is still more likely, daytime driving offenses may cause much more damage and injuries.
Teenage drivers may cause severe injury or death when driving under the influence. The lack of experience and knowledge about what to do tends to lead to damages by these drivers. When individuals are driving it is best to avoid drinking in any quantity, but it is especially important for teenage drivers.
It’s all fun and games until someone slips and falls. Sometimes it’s just not your fault, and there is no way you could have avoided the fall. In cases like these you may be able to take legal action against the owner or the person responsible for the accident.
It's been a long trial and things look good. The jury seems to be siding with the plaintiff in a personal injury case. It was proven the injuries sustained by the plaintiff were a direct result of the traffic accident. But then the defense provides a Snapchat photo of the plaintiff.
Soon, self-driving cars will start making their way onto roadways across the world. The first wave of autonomous vehicles is expected to enter the market for consumers by 2020 (Stoll, John D., GM Executive Credits Silicon Valley for Accelerating Development of Self-Driving Cars, The Wall Street Journal, May 10, 2016). But as these vehicles become widespread and accidents inevitably occur, the traditional system for compensating those injured in accidents must change to consider who is liable.
Drivers who are accused of causing fatal accidents by driving recklessly will in most circumstances be prosecuted for violating New Jersey’s vehicular homicide statute, N.J.S.A. 2C:11-5. The majority of drivers prosecuted for vehicular homicide are accused of impaired driving resulting from high blood alcohol concentrations or the ingestion of drugs. In other cases, sleep deprivation may give rise to the accusation of reckless driving.
When individuals are injured by another driver, they often know to get the other driver’s insurance information and to make a claim against that policy. However, when they are injured in a hit and run accident, the claims process is often much more complicated.
Hit and run accidents occur when two or more vehicles collide and one party flees the scene with the vehicle or on foot. When an accident is impacted by one of the parties fleeing, the case can often become more complicated.
Adolescents commonly experience with drugs and alcohol during their youth. However, this can often result in serious ramifications to their development, future prospects and potential criminal culpability. Understanding these risks can help recognize and deter this conduct.
The New Jersey Tort Claims Act (“NJTCA”), N.J.S.A. 59:1-1, et seq., provides that “parties suing public entities must comply with strict requirements for notifying and suing those entities.” Feinberg v. N.J. Dep’t of Envtl. Prot., 137 N.J. 126, 134 (1994).
An April 3, 2016 collision on the southbound tracks just outside Chester, Pennsylvania fatally injured two railroad workers. The family of one of those men recently responded by filing a negligence action against Amtrak. According to the complaint filed on behalf of the worker’s two grown children, Amtrak failed to take reasonable steps to avoid the tragedy.
Facebook, Twitter, and other social media websites have become a central part of millions of American lives. Individuals share events, photos and thoughts with family and friends without consideration to the consequences that can occur in the future.
Whiplash is a common injury in car accidents that occurs when a person’s neck jolts back-and-forth in a sudden, sharp motion, most often occurring during the impact of a car crash.
Anton Yelchin, an actor best known for his role in Star Trek, was fatally injured June 19th when his 2015 Jeep Grand Cherokee rolled down his driveway, striking him and pinning him against a security gate.
In Pennsylvania alone, distracted driving and cell phone use resulted in thousands of injuries and more than 200 fatalities last year.
Arrested for DUI? Is your license suspended? Your suspended license MUST be appealed. Georgia requires any Georgia DDS appeal to be filed within 10 business days, and this is a HARD deadline.
With the recent approval of Maryland’s car safety disclosure laws, car manufacturers will no longer be permitted to punish dealers for sharing information about any safety or defect information with potential buyers. While some states allow car dealers to provide information about safety issues if customers request it, Maryland takes this one step further by allowing dealers to disclose this information to anyone who buys a car from the dealership.
Star Trek actor, Anton Yelchin, was fatally injured on June 19,2016 when his 2015 Jeep Grand Cherokee rolled backwards and pinned him against a brick pillar and metal security gate at his California home. The accident is still under investigation; however, a safety recall was issued in April for the 2015 Jeep Grand Cherokee.
Insurance companies play an important role in the aftermath of a car accident. In some cases, the accident victim must make a claim against his or her own insurance company. In other cases, the claim is made against the insurance company that insures the party responsible for the accident. Regardless of the circumstances involving the accident, the person involved in the accident may consider taking the following steps:
In today’s world of smart phones and instant access to information through various video formats, it is easier than ever to record someone without their knowledge. Due to its accessibility and ability to use it easily, video surveillance is often used to assist in various legal proceedings, including defending against personal injury cases.
When summer approaches, air travel and road transportation increase to a great degree. Due to the volume of vehicles on the road, accident statistics soar during these hotter months. The potential of summer month accidents increases the closer the season approaches. The collision issues affect both those traveling as well as those just driving to work, home or to entertainment facilities.
Crude oil trains are responsible for transporting this important resource across the country. Given the flammable nature of the product and the high demand, transporting this product can be dangerous.
Highways, expressways and major traffic areas are often undergoing construction. Some states have roads constantly being repaired while other states have reparations only occasionally. Due to erections in the road, truck traffic, construction cones and other machinery or decaying ground, the roadways are much more dangerous than other areas. This causes construction zones to be associated with a higher number of accidents.
The dangers of crossing railroad tracks is a very real threat for some individuals. Pedestrians and vehicles sometimes wander into the railroad intersections, causing pedestrians and occupants to become grievously injured or lose their lives. It is always important to follow safety procedures when crossing the road, when traffic poses an issue and when dealing with potential rail cars.
Accidents between a pedestrian and a car can be some of the most dangerous kinds of vehicular incidents in terms of the possibility for serious personal injury or death. The weight and momentum of a vehicle, combined with the lack of protection inherent to being a pedestrian makes it so that even a low speed collision can cause grievous injuries to the people involved.
Facial injuries can be devastating and traumatic. In the personal injury context, they are different from other types of injuries; the very appearance of a scar, a wound, or disfigurement may need to be compensated. Much more than visible damage to other parts of the body, facial injuries can cause emotional distress, affect quality of life, or require reconstructive surgery. How does a personal injury case function or change when the injury is to a victim’s face?
After suffering injuries in a car accident, a person may seek compensation or coverage for the medical bills related to these injuries, either from their own insurance company or from a third party insurance company. Whichever insurance company a person is dealing with, there may come a point in the claims process where additional medical information is requested by the insurance company.
These eleven tips would be good to share with anyone who occasionally has a drink and later drives a vehicle of any type.
97 Reasons to Fight a DUI charge; DUI Penalties; DUI Consequences; and Pleading Guilty = 100% Chance of Losing
For the past 30 years, an average of 1.5 million American drivers have been arrested for driving under the influence of alcohol or DUI drugs. In the states lacking a first offender act for DUI, no pretrial diversion and where no expungement of a DUI conviction is possible, fewer than 15% of all accused drivers avoid conviction. Three key factors determine who that 15% will be: (1) a defeatist attitude of the client (2) hiring the wrong lawyer and (3) lack of full information on DUI consequences.
No criminal court in Georgia processes more driving under the influence cases than the Atlanta Municipal Court. Atlanta DUI lawyer explains how the court moves its misdemeanor criminal cases and traffic tickets (including DUI) faster than all other traffic court locations in the State, instant information needs to be found online, by those issued traffic tickets in the Atlanta GA traffic court. City of Atlanta misdemeanor arrests start in the Municipal Court of Atlanta, including drunk driving.
The safety of children is paramount when traveling in any vehicle. The number one reason children under eighteen lose their lives is due to traffic collisions. With the right steps, many of these deaths can be avoided. The steps drivers take may assist both the children and themselves.
Entire vehicles and specific auto parts are recalled often due to defects. Some sources state vehicle recalls happen almost every single day. Information regarding vehicle defects is often available and sometimes mailed to owners of the recalled vehicles. Despite this information, many owners and operators of these vehicles fail to repair the defect or avoid the recall entirely.
American vehicle purchases tend to sway back and forth between large vehicles to compact vehicles. Consumers are also fascinated with using ATVs as recreational items for personal and family use.
Automotive crashes continue to be one of the main reasons for American deaths. After seeing a decline in traffic fatalities for many years, 2015 saw an uptick in accidents. Many factors contributed to a higher number of accidents.
Many teens and young adults report drinking even when they have not reached the legal age limit of 21. If a teen consumes alcohol and then causes injury to another, other individuals may bear responsibility for the actions that followed consumption.
By Kaass Law
Insurance company may use Colossus to determine how much to pay you for your personal injury claims. What type of information do insurance companies input into Colossus? Spine Treatment, Medical Aids, Neck Collars – Different types of neck collars are treated differently, Treatment Gaps, Pre-existing Condition, Degree of aggravation, Future Medical Bills, Hospital Treatment, Pain, Depression, Anxiety, and other information.
Accidents involving multiple vehicles happen each day in various states, and it only takes a moment to cause irreparable damage. Numerous factors play into the root cause of these collisions and the determination of liability.
Many may ask themselves if a lawyer is necessary after any type of collision. When injuries and damages are minor, individuals may avoid seeking a legal representative. Some believe there is no reason for hiring a lawyer, and others may not know they are entitled to a lawyer after accidents. However, it is important to contact a professional when any type of accident ensues.
Many forms of public transport are used each day in various cities around the world. They allow faster travel and easier convenience than cars on many occasions. Just as cars and trucks encounter damage through collisions, trains, buses and even light rails may encounter the same issues.
Trains tend to carry many people when transporting individuals to destinations. Though accidents are not very common, a derailment may occur for various reasons. When these incidences arise, many passengers may become injured.
Every day, people are subjected to certain hazards while commuting to and from home, work, school and other locations. These hazards exist on the roadways as well as through other forms of transportation.
Every year, more than 2 million individuals are injured in automotive accidents. Some of these individuals choose to handle their car accident claims on their own. However, making this decision can lead to irreparable harm and subject them to certain risks, including:
Many accidents involving vehicles are the fault of a driver or specific factors dealing with passengers, behavior, other drivers or conditions caused by drivers. In other instances, road issues may cause collision or accident on its own.
Many accidents occur through defects, negligence and accidental circumstances. While this holds true with most collisions or crashes, there are some factors that increase the rate of injury or damage on the road. These factors are characteristics of individuals that may increase the possibility of an accident or those that are likely to be distracted while driving.
Car accidents have been one of the leading causes of death during the last decade. Though the number of deaths has varied each year, the number of individuals who have lost their lives has been high in the United States. Damages and injuries cost billions in medical bills, medication, treatment and surgeries every year.
Subrogation is the replacement of a person or group of people by another in respect of a duty or coverage claim, supplemented by the allocation of any supplementary rights and duties. In application, this allows insurance companies to direct claims liability to other parties.
In an effort to prevent truck accidents by increasing visibility, Samsung has developed a “safety truck” that has a wireless camera mounted on the grill at the front of the truck.
Rear underride guards on the backs of trucks are installed to prevent cars from becoming wedged underneath tractor trailers in the event of a rear-end collision.
New Jersey car insurance is essential to protecting you and your loved ones in the event of a car accident. Insurance policies can cover damage to your vehicle, individual medical injuries to you and your passengers and even damages to the other vehicles and individuals involved in the accident, if you are determined to be at fault.
Each year the U.S. Department of Transportation National Highway Traffic Safety Administration (NHTSA) compiles and releases crash data, and New Jersey car accident lawyers say the preliminary results for 2015 are cause for alarm.
Thousands of travelers are injured in traffic accidents each year. Though the amount of injuries fluctuates from year to year, the problem is still an issue. Many passengers are harmed along with the driver, but in some instances only the passenger is the one with wounds.
According to statistics released by the National Highway Traffic Safety Administration (NHTSA), inattentive drivers in New Jersey are responsible for the majority of fatal car accidents in the Garden State.
Memorial Day has become the unofficial start to summer in the United States, and with it comes an increased risk of car accidents involving drunk drivers.
For more than 10 years, Washington D.C. officials have been installing cameras on traffic lights in an effort to enforce local speed limits. But according to residents living in the D.C. area, there is one speed camera that has been a source of frustration as many consider it to be a blatant speed trap.
As the weather gets warmer, more motorcyclists will share the roads with other drivers. While it is always important for motorcyclists and drivers alike to be alert and practice safe driving habits at all times, early spring is a good time to bring special attention to motorcycle safety.