Motor Vehicles Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Motor Vehicles.
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.
As the Volkswagen Emissions Scandal continues, owners of the diesel engine vehicle can take action by filing a class action lawsuit.
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.
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.
Most people who use social media as a means to communicate are aware of the obvious dangers and pitfalls associated with its use.
The tragic 2014 truck accident that left 30 Rock comedian Tracy Morgan with a serious brain injury may be the incident that prompts federal legislators to adopt tougher safety standards for trucks driving on highways and interstates.
Motor vehicle accidents comprise a large proportion of personal injury cases. Determining which party is liable for the accident requires a careful analysis of the claim. Before a party is entitled to receive compensation for a motor vehicle accident, the plaintiff must be able to show specific elements.
Yo-yo financing is sometimes a result of spot delivery purchases in which a buyer uses in-house financing and drives off the lot with a new vehicle before the actual deal is finalized. This potential scam occurs in Minnesota and throughout the country and leaves subprime borrowers in a vulnerable position.
When an officer stops you, it can be a scary experience. It can also be particularly troubling when you find yourself stopped for something that seems bogus, like the officer claiming he or she could not see the date on your license plate. Is such a thing required? Can you be stopped if the officer cannot see this information?
Anyone who owns a diesel-powered, four-cylinder Volkswagen may be contemplating legal action against the carmaker after revelations that the company cheated emissions testing. This has left car buyers stuck with a car they apparently enjoyed driving enough to purchase, but that probably has rapidly declining resale values and is doing much more damage to the environment than they originally believed.
This type of car buying scam gets its name from purchasers who are sold vehicles “on the spot.” The dealership says that the buyer has been approved for the vehicle, but he or she is later told that the financing fell through. There may be some consumer protections to help affected buyers, and there are certainly ways to avoid this common scam.
All over the news are stories about Volkswagen cheating their emissions tests to improve sales and get approval for their vehicles. This has left millions of consumers feeling betrayed, cheated, and angry. As a result, many wonder what their legal options are. Chief among those options is the question of whether to join one of the many class action suits against VW.
In order to file a claim against a driver who hit you while walking you need to prove that you were not at full fault for the accident. If the driver can prove that this was a distracted walking accident and you therefore contributed to it by not paying attention to your surroundings, you may not be able to recover as much or any of the settlement to which you are entitled.
Motorcycles are everywhere, and drivers of cars and trucks should watch out for them. A motorcycle accident is potentially more dangerous than a typical car crash. Motorcycles aren’t outfitted with airbags, seat belts, steel cages, or other typical safety features found in cars and trucks.
When a person buys a used vehicle marked “as-is,” he or she must take great care in determining what this legal definition connotes. Additionally, he or she should be aware of any legal basis that may be available if such a vehicle stops working shortly after the purchase.
Being involved in a hit and run accident can be confusing because the person who is at fault may not have been identified. However, the accident victim still has to handle other aspects of his or her case, such as seeking medical attention and initiating the claims process.
You spend days, maybe even weeks, sifting through ads and reviews, trying to find the perfect automobile for you. When you do, you seal the deal, sign the paperwork, and drive it off the lot only to discover that you have been had. What can you do?
Researchers from Canada have identified a new health risk to worry about during pregnancy: car accident injuries.
Sometimes a car buyer, especially a first-time buyer is surprised to see how much more the final price of a vehicle is after paying interest for years. Sometimes the amount of interest is nearly equal to the principal amount.
In some instances, buyers of vehicles may rely on extraneous sources when thinking about what is included in the purchase of a used vehicle. For example, they may look at a sticker produced by a third-party that describes the standard equipment that is installed with the vehicle when it is new. However, the equipment and accessories that are currently installed on the vehicle may be different, potentially causing confusion.
Question: I took my car in for service and when it was returned, my transmission was no longer working properly. The mechanic said that he didn’t do anything to it, but the vehicle was working perfectly when I left it at his place of business. I am not sure what type of lawyer I need or what I can do about the situation.
It is difficult to find a trustworthy mechanic. If you have taken your vehicle into the mechanic’s shop and he or she has done more damage than repair work on the vehicle, you may have a legal cause of action. However, a lawyer familiar with property damage cases may be able to advise whether it is worth the time and expense of litigation or if an alternative would better serve your interests.
Insurance companies are not out to protect you. Instead, they want to get away with paying you the least amount possible when you've been injured in a car accident. Learn how an attorney can help you protect your rights.
According to the Centers for Disease Control and Prevention (CDC), more than one-third of adults get less than the seven to nine hours of sleep typically needed by most people.
The former Bruce (now Caitlyn) Jenner was involved in a fatal car accident on the Pacific Coast Highway last February.
The correct car seat for your child can be a lifesaver when installed and utilized accurately.
Mary Jo was injured in a crash, but the insurance company for the at-fault driver initially offered to cover less than half of her medical expenses due to her pre-existing conditions. The insurance company for the at-fault driver saw our client’s medical history as an opportunity to save themselves a few dollars. Luckily, she didn't fall for their tricks.
If you are involved in an accident that is primarily caused by a motorist who was uninsured or underinsured, you may be able to file a claim with your own insurance company. Follow these steps to ensure that your legal rights are protected.
In some instances, insurance companies may not properly respond to claims. They may delay in making payments or efficiently resolving the case. Sometimes there are legitimate reasons for this delay; sometimes there are not.
When a person is injured because of the negligence of another party, personal injury lawyers may be retained by the victim. Many personal injury lawyers take accident cases on a contingency basis, which does not require a payment of legal services unless the case settles or the jury awards a verdict. Consider the following ways that personal injury lawyers may be able to help your case.
On May 7, 2015, Governor Chris Christie signed a bill into law that amended New Jersey’s child restraint law.
Many drivers will be involved in a car accident at some point in their lives.
If you have a new car that does not work after repeated repairs, you may be entitled to compensation under lemon laws.
From time to time many Americans will experience difficulty sleeping.
With pressure from the Department of Transportation, Japanese supplier Takata Corporation has concluded that a defect exists in their air bag inflators, which has increased number of recalls to nearly 34 million.
If you suffered injuries in an accident caused by an uninsured driver, you may be able to recover compensation from an auto insurance policy’s uninsured motorist coverage, even if you are a passenger. Accessing that coverage may be more complicated for you than it will be for the driver of the vehicle you were riding in at the time of the accident.
Many parents may be surprised to find out that they are not doing everything possible to keep their children protected from personal injury in a car accident.
On June 30, 2015 the Pennsylvania Senate passed a bill, raising the minimum limit of motor vehicle liability insurance from $15,000.00 to $25,000.00.
An overwhelming majority of all motorcycle accidents involve a collision between a motorcycle and a car. In many of these accidents, it is motorist error or negligence that is the cause of the crash. There are several ways in which drivers may be reckless or careless, contributing to a motorcycle accident.
Before the introduction of the Registration and Licensing of Motor Vehicles (Amendment) Regulations, published on the 5th of June 2015, if an individual bought a car abroad and imported the car into Malta the law did not authorise the individual to use the car on the Maltese roads until the registration process was completed and until the Maltese number plates would have been obtained.
It goes without saying that car seats keep infants and children safer in car accidents when they are installed and used properly.
In May, 2015 Governor Chris Christie signed new car seat safety legislation into law.
If your child suffered injuries in an accident or an instance of medical malpractice, you know how important it is to get the help he or she needs. Protecting your child’s legal rights is just as crucial as securing the best medical care, especially if the injuries could have permanent implications for your child’s future. You may wonder when you need to make a decision about filing a claim or lawsuit on behalf of your child.
When people set up their insurance policies, they often have questions about what the different types of coverage mean and what options are best for them. The most common question we hear from motorcyclists is whether or not their motorcycle insurance policy is required include personal injury protection (PIP).
DUI laws are determined on the state level. Some states allow drivers who have been convicted of a DUI to get limited driving privileges, which is often referred to as a hardship license. However, there may be several criteria that the individual may have to meet in order to obtain such a license.
The period from Memorial Day to Labor Day also marks “The 100 Deadliest Days of Summer,” when the amount of car accidents involving teen drivers spikes dramatically. While studies show that in the last 20 years crashes involving teens have decreased by 51% overall, the incidence of car accidents occurring specifically in the summer months continues to rise.
New teen drivers pose risks to everyone on the road due to inexperience and immaturity.
It’s no secret that alcohol can impair judgment, especially when ingested in large quantities. When a bar, restaurant, or other establishment that provides alcohol knowingly serves a patron who is visibly intoxicated and the impaired patron causes an accident or injury, the establishment is legally responsible.
In some circumstances, one spouse may consider suing his or her spouse for particularly egregious conduct. However, whether the spouse can bring a viable claim against his or her spouse depends on the nature of the behavior, the nature of the relationship, state law and the particular circumstances involved.
Kim Kardashian may want for nothing in life, but fame and fortune are no guarantees of safety.
Commercial vehicles, such as buses and tractor-trailers, often are equipped with onboard video systems that can be used to analyze circumstances leading up to a crash.
Being touted as one of the largest automotive recalls in history, 33.8 million automobiles with Japanese Takata airbags are being recalled across the United States, Europe, and Japan.
Even a minor car accident can be extremely upsetting. It is important for drivers to remain calm and follow the law after being involved in a car accident. These important guidelines ensure compliance and protection for individuals involved in Philadelphia car accidents.
In the State of Florida, fleeing and eluding a police officer is a felony offense that carries some harsh penalties, including a mandatory adjudication of guilt and a mandatory driver's license suspension, which can range from one to five years. This article outlines the proscribed conduct, the varying degrees of this particular offense, and its associated penalties.
Some auto accidents seemingly result in only damage to two or more vehicles and no injuries to the drivers or passengers. What is common, however, but not often acknowledged, is that plenty of car accidents also lead to traumatic brain injury (TBI). The force of two or more cars colliding can do plenty of unseen damage, the result of which could lead to a person’s financial ruin.
Are you an American citizen who has been charged, tried, and convicted of a DUI? Do you have interests in travelling outside of the USA to your northern neighbor: Canada? Find out whether or not you can Enter Canada if you have been convicted of a DUI.
When accidents occur on the road, we all know that the first thing you do is call the police to report the accident, exchange insurance information, and document the scene. But, what do you do when an accident occurs on private property? Who is liable, especially if the other driver leaves the scene?
What Should a Car Owner Know Before Negotiating with an Insurance Company When a Car Has Been Totaled?
If your insurance company informed you that your car has been totaled, you may wonder if you have any recourse to challenge this decision or if the amount they’re willing to give you is fair. Before you sign any kind of release, or even a check from the insurance company, you need to know what options you have.
National studies have shown that the primary cause of death in the workplace is distracted driving. Distracted driving can be caused by drivers using a variety of hand-held or hands-free mobile devices.
Walmart has reached a settlement agreement with Tracy Morgan in a lawsuit filed by Morgan after a Walmart truck crashed into his limo on the New Jersey Turnpike and left him with a traumatic brain injury (TBI.)
Earlier this year, the Federal Railroad Administration (FRA) debuted a new public safety campaign intended to increase enforcement and safety awareness at railroad grade crossings.
The physical state of being drowsy or tired can severely compromise a motorist’s ability to function efficiently and safely while driving.
Did you know that a collision with some type of wildlife occurs, on average, every 39 minutes?
For most parents handing over the car keys to their teenager can be both a freeing experience, and a very scary one.
In 2013, over 10,000 people in the U.S. were victims of fatal car accidents involving a driver who was under the influence of alcohol or drugs.
Obtaining a driver’s license is an exciting milestone for both the newly licensed teenager and their parents.
Individuals who drive while drowsy increase the risk of causing serious car accident injuries.
Attorneys frequently receive questions regarding defective used cars. All too often, people purchase a used vehicle with verbal assurances that everything works fine and that it will be quite reliable, only to discover that neither is the case. What can you do when this happens to you?
Cases involving train accidents and resulting injuries have a number of significant differences from other personal injury cases. By being aware of the following information, you can make a more informed decision about whether to pursue a train accident case.
We’ve all been there: felt the panic rise over us when we see flashing lights in our rearview mirror; felt the anxiety of getting pulled over even if we think we are doing nothing wrong. The truth is, most of us have been or will be pulled over for a traffic infraction at some point in our lives.
Like it or not, cell phone use is a part of life in the 21st century. People use their phones for everything regardless of rules against their use in cars, public transportation, and certain public spaces like gyms, restaurants, and churches. Statistics have shown that driving a car while using a cell phone can cause accidents.
If you’re prone to using your phone behind the wheel, you could end up driving yourself out of money. There will be a maximum $1K fine and three demerit points for drivers who text, email or talk on handheld phone
The Center for Disease Control (CDC) reports that nine Americans are killed every day in car accidents involving a driver distracted by an activity such as eating or using a cellphone.
After the Amtrak train derailment in Philadelphia last month, the victims of the accident are beginning to seek compensation for their injuries.
There are thousands of personal injury attorneys available to assist victims who are injured in accidents that are caused by negligent individuals and entities. However, there are vast differences between lawyers. Before hiring a personal injury attorney, interview several and inquire about the following matters.
Every year, individuals are injured due to the negligent acts of others. These types of claims involve individuals who have been injured because of accidents. These accidents could have been prevented. A successful negligence lawsuit provides monetary recovery for the victim and punishes the careless person or entity responsible for the accident.
On November 20, 2014, Bill 15, titled the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, received Royal Assent in the Ontario Provincial Parliament.
Bill 15, entitled An Act to amend various statutes in the interest of reducing insurance fraud, enhancing tow and storage service and providing for other matters regarding vehicles and highways, S.O. 2014 C.9, (short title: Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014), has recently received Royal Assent and will be coming into force in the Province of Ontario. This Act is divided into 5 schedules, each addressing a particular issue and amending related legislation.
If you were in a car accident in Pennsylvania and learn that the other driver at fault does not have insurance, can you still recover for your damages?
Drowsy driving is one of the most significant traffic safety hazards American motorists face.
Nearly every state in America bans drivers from texting behind the wheel in effort to reduce distracted driving accident injuries.
Over the last two decades, highway speed limits have been slowly increasing around the country, particularly in states west of the Mississippi.
Because the weather is beautiful, more and more of our Harley-riding friends have taken to the streets and highways on their motorcycles.
Recently, PennDOT participated in the National Work Zone Awareness week, a campaign aimed at increasing drivers’ awareness to the dangers facing road workers.
DUI accidents are the most preventable type of car accidents; however statistics for DUI accidents remains shocking.
Advocates for motorcycle and highway safety feel that something must be done to develop and enforce stricter helmet laws across the country.
If you are involved in an accident, being able to take pictures of the scene can make the difference between winning or losing your case. Photographs can help provide a more objective perspective to the case, whether the accident is a motor vehicle accident, a slip and fall injury or another type of injury.
When scanning through ads for used cars, it is not uncommon to spot a few amazing deals that come with a small caveat: “salvage title.” What is a salvage title, how will it affect you as a buyer, and what rights and guarantees will you have if you decide to purchase such a vehicle?
Educating teen drivers on the dangers of texting while driving is an invaluable lesson they need before they are driving independently.
US Cities are increasingly adopting an approach to traffic accidents, originally developed by engineers and safety experts at the Swedish Transportation Administration in 1997 called, “Vision Zero.”
It is common for many New Jersey insurance holders to have only a basic understanding of their insurance policies, the benefits, and special or exclusionary provisions.
After being involved in a motor vehicle accident, it is important that you or someone with you be able to establish an accurate depiction of the scene. This is so vital that many insurance companies included a disposable camera as one of the items in their emergency preparedness handouts to clients. Now, with the advent of modern technology, many people have cameras in their possession at a moment’s notice.
Tires that are used on tractor-trailers are typically designed to handle a maximum speed of 75 mph.
There has been an overwhelming number of pedestrian deaths in New Jersey Shore communities in recent years.
In the past ten years, the number of teens killed in car crashes has dropped by half.
According to court records, the number of tickets issued in New Jersey for safety violations has been steadily increasing since 2009.