Motor Vehicles Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Motor Vehicles.
One of the nation’s largest used car dealers has agreed to settle with the Federal Trade Commission over allegations that they failed to disclose important safety information regarding used cars for sale.
Truck drivers and the companies for whom they work must follow stringent guidelines regarding the hours that they can work. Violating these rules can subject the truck driver and trucking company to fines and potential civil liability.
Traumatic brain injuries are often the result of personal injury accidents. They may be caused by negligent or intentional actions. They can also lead to serious consequences.
As more and more areas crack down on distracted driving, a new theory may hold other individuals partially liable for accidents caused by distracted driving. This theory is referred to as “remote texter liability,” and involves the assessment of whether a person not in the vehicle who texts a driver should share in the responsibility of the accident.
If you were on your phone at the time of a car accident, you may assume that you caused the accident by being distracted. While this is sometimes the case, it is not always. Therefore, it is important that individuals who are in such predicaments protect their legal rights and understand the legal consequences of certain actions.
Traumatic brain injuries are some of the most serious injuries that individuals can sustain in accidents. It is important that they receive a proper diagnosis and start treatment as quickly as possible.
The role of discovery in motorcycle accident cases, the importance of expert witnesses, and what happens at trial.
Between 2009 and 2014, the number of pedestrian deaths in the United States grew by 19 percent, far outpacing the number of total traffic deaths (which only grew by 4 percent). Florida was once again listed among the top states for pedestrian deaths nationwide. As the number of cars on the road increase and distracted driving becomes a more prevalent issue, this trend may continue to worsen.
Distracted driving is a dangerous activity because it removes a person’s focus while operating a machine that is thousands of pounds. Due to the increasing concern over this action, distracted drivers may be subject to civil liability and criminal reprimand.
Anyone who has ever been involved in a car accident knows that it can be a traumatic, stressful experience, especially when someone is seriously injured.
The dangers of distracted driving are well known and cited. When truck drivers get into wrecks because they are distracted, tragic results may arise.
In some cases, motor vehicle accidents are not caused by an act immediately before the accident, such as speeding or turning in front of oncoming traffic. Instead, some motor vehicle accidents are caused because of the vehicle’s mechanical failure.
Drowsy driving has significant impacts on a person’s ability to safely operate a vehicle. Taking this risk means that a drowsy driver may also be taking the risk of causing an accident and being found liable for the injuries that result.
Accidents happen every day. The successful resolution of a case often depends on the actions that the victim takes immediately after the accident.
According to the Federal Motor Carrier Safety Administration’s 2013 report, there were over 3,300 fatal truck accidents for the most recent year that statistical data was available. Given the vast disparity between the size of the commercial truck and the other vehicle involved, such accidents are often serious.
Thousands of people die every year in accidents involving semi-trucks. Most often the victims are people in passenger vehicles that are ill-equipped to withstand a collision with a vehicle many times its weight and strength.
Toyota Motor Corp. has recalled 1.1 million sport utility vehicles (SUVs) in the United States after the auto company was put on notice that during a car accident, the rear seat belts in certain RAV4 models can become slashed by metal seat-cushion frames, leaving passengers unprotected.
It is standard practice for a truck driver to get paid by the number of miles he or she logs, a practice that many proponents believe creates an incentive for the driver to avoid safety concerns in order to get paid more.
If you’re feeling squeezed by bills stacking up after an auto accident, you should know that it’s not just you. This happens to a lot of people after being injured in a car wreck.
Traffic camera tickets are increasingly common and leave many wondering what to do about them. They are primarily issued for running red lights and for speeding. Most people pay them but many claim they are illegitimate and shouldn’t be paid. So what is the best approach to handling a citation by mail?
By Cantor Crane
Every car accident is different and has the potential to leave the driver and their passengers with serious injuries. These injuries can lead to life-long issues that the victims must contend with for the rest of their lives. Even though each accident is different, there are some very common injuries that occur during a car accident, regardless of how the accident happened.
Consulting an experienced personal injury lawyer immediately after an accident can ensure the accident is analyzed appropriately and the injury claim proceeds in a manner that will guarantee a reasonable resolution.
Worry less about how you are going to get paid after an accident and contact a workers compensation attorney and receive the compensation you deserve.
Many see distracted driving as acceptable in today’s society. The rise of cell phones means that people regularly drive while talking, texting, taking a selfie, or tweeting. While people often see this conduct as acceptable, the fact of the matter is that it can result in extreme injuries such as head trauma, spine damage, paralysis, or even wrongful death. I will explain why such conduct constitutes negligence and how a victim can go about proving distracted driving at trial.
You might be asking how much your diminished value claim is worth. There are a lot of factors that go into how much your claim may be worth, and a professional appraisal is probably needed to ascertain this value, but I do know that in Ohio the potential value of your claim is probably capped.
Your local police wants to you to stop texting and driving among other actions. See ways they can influence safer driving practices in your community.
Your smartphone shouldn’t be anywhere near you when you’re driving your car. Distracted driving is one of the leading causes of auto accidents, and more often than not it’s because a driver is texting, talking on their phone, or even taking photos and posting them on social media. However, should you be involved in an auto accident, your smartphone could end up being your best friend.
Traffic alert systems are on the rise. The benefits and shortcomings of these technologies are being further explored as time goes on.
It is second nature in this age of technology to post up-to-the-minute details of almost every facet of our personal lives. We share photos, experiences, observations and opinions. But when it comes to your personal injury lawsuit, you need to be very cautious about every piece of information you make public.
Drivers in Massachusetts are required by law to have auto insurance. But it’s not enough to insure oneself. Motorists also need to insure themselves against those who have no insurance or who are underinsured.
In any legal action, individuals have the right to represent themselves in court. But just because they can doesn’t mean they should. The notion is understandable. You’re facing a mountain of medical bills. Your injury has left you out-of-work and struggling to pay your mortgage. You can’t afford a lawyer, and even if you could, why should s/he get a cut of your compensation?
Before settling your claim, it is important that you investigate a fair and accurate value for your damages.
By Foyle Legal
People who were injured at work, in a motor vehicle accident, or in other ways often financially disadvantaged and cannot afford to pay doctors to provide a medical report in relation to their personal injury claim. In this article we have discussed some ways in which injured people can obtain medical evidence regarding the claim for free.
Fiat Chrysler Automobiles NV has issued a recall of 1.4 million vehicles that may be vulnerable to hacking, after security researchers demonstrated that they could remotely take control of a Jeep.
Driving in Illinois is changing in 2016. Make sure you are up to date on the new laws and how they affect your commute.
When determining whether to hire an attorney after a car accident has occurred, these considerations are important to keep in mind.
On April 22, the Illinois House passed a measure that would eliminate red light cameras in about 35 communities, but not in Chicago.
Don't question whether or not you have a good diminished value claim; get in touch with an attorney.
At times, new accidents may affect pre-existing wounds or damage done to the body from other accidents. The new injuries may cause previous ones to become worse, or they may cause brand new issues coupled with old issues. Typically, the previous harm done to the body that may be worsened has to do with the neck, back and/or the head. In some cases, prior injuries may have long since healed. In other cases, a new injury exacerbates an ongoing issue.
If you have ever had to dispute a decision related to accident benefits under the Statutory Accident Benefits Schedule (SABS), you probably dealt with the Financial Services Commission of Ontario (FSCO). Since 1997, FSCO’s Dispute Resolution Service has served as the adjudicator for disputes between injured citizens and insurance companies.
Don't let insurance companies fool you, contact an Ohio diminished value attorney if uncertain about your vehicle damages.
The march of the so-called autonomous vehicles is on, in case you haven’t noticed. It started with driver adaptive functions that help control things like parking and stopping your car for you before you get too close to an object. The issue has already been in public discussion for a while: What do you do when computer-driven vehicle plows into the rear of your new car? A recent study by the Brookings Institution researched just this question.
In 2015, there were over 92,000 hit and run traffic crashes in the State of Florida resulting in over 19,000 injuries and 186 fatalities. The DHSMV and the Florida Highway Patrol’s “Hit and Run, Bad to Worse” campaign aims to reduce the number of hit and run crashes in Florida by educating drivers on why drivers flee, what their responsibilities are if involved in a crash, and the consequences they face if they leave a crash scene.
In March 2016, the arrival of self-driving cars, robotics and artificial intelligence systems took a major step forward with automatic breaking systems becoming standard on most cars by 2022. Liability for self-driving cars and insurance may be greatly affected by an NHTSA pronouncement in February 2016, and the end of the line for most personal injury attorneys in California and across the country is clearly in sight to the misfortune of accident victims in California and throughout the U.S.
Driving safely is more of a responsibility to society than a simple prudence practice. However, when you do have a run-in with traffic regulations, it is always better to know what you are getting into. Few traffic misdeeds are more serious than others, therefore it is very important to know how, when and why you should challenge speeding tickets in Ontario.
There are some simple steps that people injured in a car accident can take to help maximize their recovery. Here we discuss some of the most important items that you should be cognizant of.
Due to the potential for serious damage, the trucking industry is highly regulated. Truck drivers must follow a complete set of rules regarding the amount of miles that they can drive in a day, the number of hours a day that the truck driver can travel and when they must take breaks. The large nature of commercial vehicles makes them a potentially dangerous object on the roadways. As such, truck drivers must take their stopping distances into consideration.
Pennsylvania offers a number of different insurance options in addition to the mandated personal injury protection requirement. Limited tort insurance minimizes the damages that a claimant can receive, but some exceptions allow the victim to recover more damages.
Even if you were not wearing your seat belt when you were hit by a negligent driver, you may still be entitled to recovery for your injuries from an automobile accident.Seat Belt Safety.
Will My Pre-Existing Condition Prevent Me From Getting What I Deserve From the Insurance Company in Arkansas?
In Arkansas personal injury cases, pre-existing conditions do not always prevent you from recovering from the person who caused your injury.
An 18-Wheeler Against a Car, Pickup, SUV, Motorcycle, or Minivan is Not a Fair Fight. You know that, but sometimes truck drivers act like they don’t.
Car accidents happen every day. As such, states have developed their own sets of laws to handle car accident claims. How a claim is handled primarily depends on whether the accident occurs in a fault state or a no fault state.
The heart of the bailment relationship which results when a logistics customer transfers property to a warehouse for storage is the warehouse receipt. It is much more than a receipt. It is a document of title and provides essential terms. An attorney retained to provide advice relating to damages or foreclosure of a warehouse lien needs to be experienced with the UCC and also with third party logistics contracts which are often incorporated into the warehouse receipt.
Third party logistics (TPL and 3PL) contracts are some of the most complicated agreements an attorney can draft. For the manufacturer entering into an agreement with a third party logistics provider, or a new entity providing logistics services, well-drafted and negotiated third party logistics contracts are essential to protect profits and exclude liability for damages or unforeseen additional costs.
Who pays when you are injured in an Uber accident? An attorney explains compensation for drivers, passengers and third parties.
If you are injured in an accident and want to file suit against the negligent party you will need to know where your claim should be filed. Here, we describe the venue laws in Indiana to help you make that decision.
Protecting your rights while cooperating with police can feel like walking a tightrope—one wrong move and you plunge to your doom. You should remember that even well intentioned police are nervous during traffic stops. You want to cooperate and defuse a potential conflict while not incriminating yourself or giving the police information that you do not have to share.
With the increasingly widespread availability and ownership of personal recording devices such as dash cams, there seems to be a corresponding increase in reports of police misconduct, profiling, and even outright violence occurring during what seem to be routine traffic stops.
Further to the Making Ontario’s Roads Safer Act, there are certain regulations that came into effect as of January 1, 2016. These rules apply to pedestrian crossovers and school crossings. These rules do not apply at all intersections.
Car accidents that cause neck and back injuries happen every day. When you're the person in the wrong place at the wronge time, it can be a troublesome experience.
For years, the American public has bought Volkswagens in large part due to their excellent fuel efficiency, low emissions, and environmental friendliness. Unfortunately, not only do these vehicles emit higher amounts of pollutants, but they actually expel volumes of nitrogen oxides more than 40 times greater than allowable limits in the United States.
If you are badly injured, you may wish to file a lawsuit with the goal of getting financial compensation for your pain, suffering and other expenses you now have as a result of your injury.
Did you know that in our province in 2013, more than 4000 pedestrians were injured in road accidents? Tragically, 91 of those pedestrians lost their lives in these accidents. Unfortunately, as long as there are vehicles on the road, there will always be a danger to pedestrians. But is a driver always liable for causing injuries? Is a pedestrian always cleared of fault?
If you are in a car accident in Texas, the degree of fault plays an important role in determining whose insurance pays for your damages. If you were at fault, you can file a claim with your own insurance, and if another driver was at fault, you should be able to file a claim with his insurance. For crashes with uninsured drivers or hit and run accidents, insurance claims can get much more complicated.
Determining which party is at fault for an accident is a critical step in the process of filing an insurance claim or a personal injury lawsuit. The determination of fault has a direct connection with the outcome of a claim and case. Parties may disagree as to who was at fault for the accident, but some of the following principles may apply.
Former EPA Official: VW Plea Of Ignorance Over Dieselgate Emissions Scandal "Doesn't Pass The Laugh Test"
A former EPA official says that Volkswagen’s claims that executives at the company were unaware of the emissions cheating that led to the Dieselgate scandal “just doesn’t pass the laugh test”. Volkswagen recalled 11 million VW and Audi diesel-powered vehicles worldwide after admitting that it had installed a "defeat device" that hid the high emissions levels of these vehicles from regulators.
The legal terms of contributory negligence or comparative negligence can have a significant impact on the victim’s ability to recover for an accident. These terms can completely eliminate or reduce the amount of compensation available to the victim.
When a person is injured while a passenger in a vehicle, he or she may be entitled to monetary compensation for the damages that he or she sustained. The ability to recover and the amount of recovery is based on a number of factors.
Learn what the common injuries that come from malfunctioning airbags from Takata.
Learn about the effects of a motorcycle brain injury and tips on how to avoid injury from a motorcycle accident.
Learn what benefits there are for having a personal dash cam in your car during a car accident.
Owners of VW, Audi, Porsche "TDI Clean Diesel" Models May Qualify to File a Lawsuit over Emissions Fraud
Volkswagen admitted it fraudulently misled consumers about the emissions of its "TDI Clean Diesel" models through a defeat device that made the cars appear to emit lower levels of greenhouse gases than they actually did. Volkswagen recalled 11 million Volkswagen and Audi models in connection with the Dieselgate emissions cheating scandal. Hundreds of VW, Audi, and Porsche diesel owners have filed lawsuits against the German automaker over the company's lies and the lost value of their vehicles.
In Pennsylvania, you have a choice of car insurance: you can choose full tort or limited tort. If you choose full tort, you may sue for pain and suffering when you are injured in an accident. If you choose limited tort, you may only recover the actual cost of your injury – unless you qualify for an exception. Because limited tort offers a discount on the monthly premium, most people choose limited tort.
California has a compulsory automobile insurance system. This means that all drivers and automobile owners must have liability insurance coverage for their autos at all times when operating on California roadways. The purpose of this compulsory system is to require coverage to ensure the recovery of money damages against negligent drivers who cause accidents. What follows is an outline of the types of damages that a valid California liability policy could pay for in the event of an accident.
When you have neck and back pain from a car accident, you might be looking at not only medical costs, but also long-term consequences that include financial loss, diminished productivity, and emotional injuries. When you have suffered a neck or back injury in an accident, it is important to receive compensation for both your immediate and your long-term losses.
If you suffer injuries that require relatively minor medical treatment, you can often recover the costs associated with property damage and injuries by filing an insurance claim.
Some drivers might think it is a minor thing to drive once or occasionally with a suspended or revoked license; however, it is a serious offense that can result in fines and jail time for repeat offenders. Suspension of a driver license is usually temporary until the driver resolves the situation that caused the problem, while a revoked license is a permanent removal of an individual’s driving privilege.
It is import for drivers to understand the difference between having full coverage on your vehicle, versus have full tort coverage on your vehicle.
Every year, millions of people are involved in motor vehicle accidents. These accidents range from minor fender benders to serious accidents that cause catastrophic injuries. Knowing how to react after an accident can help victims protect their legal rights and strengthen their case. Here are a few steps to take if you are involved in an accident that is not your fault.
According to statistics compiled by Orlando regional transportation authorities, an average of 55 people are injured every single day in car accidents within Orange, Osceola, and Seminole counties. This works out to more than two people injured every hour. While most of these injuries are not life-threatening, it is always a good idea for anyone involved in an accident, no matter how minor, to seek immediate medical attention.
Has Your Health Insurance Sent You a Bill for Your PA Car Crash? When you went to the hospital after your accident, you were asked for your health insurance card. Your medical bills were sent to your medical insurance company and the insurance company paid your claim. Now your health insurance is demanding to be paid back. What is going on?
A situation may arise in which you lend your vehicle to a family member, neighbor, friend or roommate. While you may agree to lend your vehicle to someone else, you likely do not anticipate that you will be legally liable for their actions. However, situations exist in which your insurance coverage will be utilized for a claim or in which you are legally liable for damages that result from this third party’s actions.
After you’ve been injured in a car accident (or other accident), the first thing you should do is make sure that everyone who needs medical treatment gets it. But once the dust settles, there are four things you should keep in order to make sure that when the time comes, the insurance company pays you what your case is worth.
Even car accidents that cause only minor damage to vehicles can cause significant bodily harm. When injury does arise from another person's negligent act, it is critical that medical attention and documentation. But who is going to pay for all those doctor bills? More importantly, when are they going to pay? Lawsuits take time to prosecute and can leave doctor bills piling up! Fortunately, many doctors will provide treatment on a lien basis.
Despite concerns from the Department of Transportation, police and a large number of respondents in a recent poll on truck safety, Congress is considering a bill that would allow trucks to increase in size and allow drivers to work longer hours without a mandated break.
The latest controversy in the trucking industry is whether or not Congress is going to approve a bill that will allow 33-foot long trailers to operate on highways.
The process of determining liability following a truck accident can be much more complicated than in other accident cases.
Although airbags are used to safeguard the driver and passengers when involved in a car accident, but when defective, they can cause serious harm.
Volkswagen and Audi ‘Clean Diesel’ Owners See Decline in Vehicle Value Following VW Emissions Recall Scandal
Used sale prices for Volkswagen and Audi "TDI Clean Diesel" models have fallen sharply in the wake of VW's admission that it lied to consumers about the performance and emissions levels of these vehicles. Volkswagen announced that it would recall about 11 million VW and Audi diesel vehicles following the disclosure that the German automaker had installed a "defeat device" on these models in order to hide their high pollution levels.
Texas has more fatal car accidents involving alcohol than any other state. An approach focused on punishment and not education has not been effective in reducing the statistics.
Volkswagen To Recall 500K VW, Audi Cars in U.S. Over 'Dieselgate' Emissions Scandal After Allegations of Fraud
Volkswagen will recall 11 million VW and Audi "TDI Clean Diesel" vehicles worldwide - including 500,000 in the U.S. - after admitting that it had equipped these vehicles with a "defeat device" that was designed to conceal their high pollution levels. Volkswagen is facing thousands of lawsuits from diesel-powered vehicles owners whose cars have been implicated in the recall.
The city of Denver has completed a six month study concerning the use of body cameras on police and they have created and released a draft policy to the public.
As the Volkswagen Emissions Scandal continues, owners of the diesel engine vehicle can take action by filing a class action lawsuit.
A unique California law disallows general damages such as pain and suffering to uninsured motorists involved in traffic collisions within the State. It applies strictly to the driver the automobile and not its passengers. It applies whether or not the collision was caused by the uninsured motorist. Some exceptions apply and are explained in this article. If you have been involved in a car, truck, bus or other motor vehicle accident, do not rely on this as legal advice. Consult a lawyer ASAP.
When involved in a traffic crash, a driver has a duty to remain at the scene, provide certain information, and render aid if necessary. A violation of these requirements is a criminal offense, the severity of which depends on whether property damage, personal injury, or death result from the accident.
Last month, tire maker Continental recalled over 12,000 tires in two recalls for risk of tread separation and air pressure loss.
If you have been seriously injured in an auto accident contact an experienced personal injury lawyer for the most help.
Your insurance agent may be a friendly individual and perhaps even someone with whom you socialize on occasion. But no matter how friendly or sociable your agent is, the insurance company he or she represents can be your worst enemy following a personal injury or automobile accident. Despite popular slogans and advertisements, insurance companies will routinely attempt to settle a claim for as little money as possible. After all, it is the way they make money.
Cameras are always rolling in Hollywood, and recently they captured real-life drama between two motorists.
By DiTomaso Law
The Association of American Railroads claim stating 2014 was “the safest year on record for the railroad industry” is under scrutiny by train safety advocates. Five train accidents, including the catastrophic Amtrak train derailment in Philadelphia, have occurred this year.