Motor Vehicles Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Motor Vehicles.
It is a usual phenomenon for claimants in motor accident claims to claim for ‘a little something extra’ following a genuine loss. This practice stems from the perception that there is nothing to lose in making an inflated or exaggerated claim. This perception has now been verified judicially.
There are a lot of road conditions that can affect the safety of drivers out on the roads. Animals straying onto roads can cause serious accidents and this is a real concern for many Missouri residents.
Many people assume that the laws regarding claims and compensation are the same whether they are involved in a truck accident or in a car crash. There are distinct differences between the two, and being able to understand those differences will help you protect your rights and best interests if you have been involved in a trucking accident.
A new texting and driving law went into effect in the State of Florida as of October 1, 2013. The new law that was passed bans texting while driving as a secondary offense only.
Accidents often happen when we least expect them. When an accident occurs due to the negligence of another driver, you are typically entitled to compensation for any damages or injuries that resulted from the accident. If you are involved in a car accident, seeking the legal advice of an experienced car accident lawyer will benefit you greatly.
We all know that texting while driving is incredibly dangerous. In fact, according to Public Health Law Research (PHLR), up to 28% of traffic collision risk is caused by cell phone-related distracted driving. Texting while driving is not only against the law, but it can also result in civil tort liability for any auto accidents caused by distracted driving.
Determining the responsible party for a car accident can sometimes be tricky. There is often a difference between who actually caused an accident and who legally is at fault. Understanding who is at fault will have ramifications on whose insurance will be required to pay for damage to vehicles and properties, and which driver might be held liable for personal injuries.
Two Orlando, Florida car dealers recently made headlines when they were caught in a scheme to defraud customers. When you buy and sell cars at a dealership, you expect things to go smoothly; expect the dealer to follow the law. But if the dealer defrauds you, what are your options?
On February 20, 2011, a teenage driver was sending a text message when he accidentally swerved across the middle line and killed the driver of a vehicle heading in the opposite direction. The incident was clearly an accident, but was the teen's action of composing text messages while driving so wanton and reckless that it could amount to criminal homicide?
On September 12, 2013, a New York City driver reportedly hit the accelerator instead of the brake as he pulled into a parking space. The result: he ran over 5 teenagers standing on the sidewalk. Fortunately, none of the teens was seriously injured. But, to the shock of many, officials announced they did not intend to press charges in what they considered a purely accidental incident.
It is a horrifying situation. You buy a car, motorcycle, or RV by financing it at the dealership. You sign the paperwork and drive it home with the dealer's blessings only to discover a few days later that the financing has suddenly and unexpectedly been denied. Now the dealer wants its vehicle back and you are left holding the bag, maybe even out a down payment or other fees as well as the cost of any aftermarket additions to your vehicle. What do you do?
For those who have either been injured by a hit and run driver, or those who have lost a loved one, it is clear that hit and run accidents can turn an already unpleasant event into a truly horrible one. For those who caused the accident then fled the scene, usually in a panic, the consequences can be severe.
Whenever you step onto a bus, whether a city bus, a tour bus, a shuttle, a school bus, etc., you are entrusting your safety to the bus driver and the owner of the bus. For some reason, we feel safe and secure on a bus; so much so that many buses do not have or require seat belts. But even when in a bus, accidents do happen.
Motorcycle accidents, though not necessarily more common than other motor vehicle accidents, can be more shocking and devastating. But, they can also be caused by some unique circumstances. A number of studies and surveys have discovered some interesting facts and statistics about motorcycle accidents:
According to the Federal Railroad Administration, approximately 3,000 train accidents occur each year in the United States, and nearly 1,000 people die each year as a result. Railroad accidents may be in the form of a collision with another train, a car or bus, or even a derailment or fire.
Virtually any civil lawsuit has one thing in common: damages. That is the injury, financial harm, or damage to property for which one is entitled to recover money from the other party. Personal injury claims related with helping drivers and passengers receive compensation for injuries they suffer in auto accidents are no exception. However, several factors can affect the amount of compensation received and the time it takes to receive it.
In 2009, there were 10.8 million motor vehicle accidents in the United States. Let that number sink in for a minute. That’s 10.8 million reasons to know your rights when you find yourself in a car accident, specifically a fender bender. The name itself implies the minor amount of damage involved in such accidents.
Going back to school may be routine for some, and a fresh, exciting adventure for new students and parents, but everyone can use a refresher in back to school safety tips for on the road.
If you are injured in Illinois by someone while they are working for someone else, who is liable? For example, if you are in a car accident with a delivery truck, is the driver liable or the delivery company? This is the concept of “Respondeat Superior” and can have very serious consequences for your personal injury case.
A person who is injured in a motorcycle accident may lose a small amount of income; on the other hand, his or her ability to earn a living may be seriously impaired for life
“It’s going to have a big effect on manufacturing, on the trucking industry.” Implementation of the new weight limits changes will be completed over the next 4-5 months.
On August 7, a serious motorcycle accident in Litchfield, Connecticut, resulted in the death of an elderly motorcycle rider. The 63-year-old died at a local hospital after being involved in a traumatic motorcycle accident.
You have been pulled over but you are not sure why. You do not think you did anything wrong, but you get a ticket anyway. How do you fight it?
Buying a car is usually an exciting experience. But, when your new car does not function properly, it can be a frustrating experience. When a car dealer sells you a lemon, how can you get to the “lemonade” of a properly functioning car and possibly even receiving a cash settlement?
Have you ever seen a bike rider in the street blocking traffic and wondered whether that was even legal? Or maybe a bicyclist caused you to have a car accident by riding recklessly in traffic and you are wondering whether they will be considered a car or a pedestrian for purposes of attributing fault? Unfortunately, the answer can be complicated and depend on where you are.
Have you or someone you know been involved in a car accident? Was the accident caused or made worse by a defective part? We expect our cars to keep us and our families safe, but with a system of hundreds of moving parts, it is not uncommon for something to fail, often with dangerous results. Indeed, each year, millions of cars are recalled because of manufacturing defects or defective parts that can cause fatal car crashes.
At some point in our lives most of us will be involved in some sort of car accident. Most of these may be small fender benders, but some can be very serious or even fatal. Many people do not know what to do when they are in a car accident, and Illinois law has several specific requirements of which you should be aware.
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
In May, three motorcyclists in the Washington, DC area died within a three day period. Another motorcyclist was seriously injured. The three separate accidents lead to the three fatalities.
Oregon drivers, pedestrians and bicyclists all believe they have a strong grasp, by and large, of the rules and regulations that govern the use of our roads and highways, as well as the traffic control devices designed to protect people at busy and dangerous intersections. Unfortunately, Portland police officers are often confronted by five myths in particular the people believe to be true but are, in fact, dangerous misconceptions.
Single-bike motorcycle accidents, left- and U-turn collisions, distracted driving, and violating the cyclist’s right of way are common types of motorcycle crashes.
Dealing with insurance coverage for hit and run accidents is frustrating and complex. Here are five key facts about how insurance works after a hit and run.
Not being able to attend work after an accident can have a lot of financial consequences for a family. But if you were not at fault, you may be able to get your lost wages compensated. Sounds simple right? In many cases it is, but in some, like for those who are self-employed or contractors, it can be more complicated.
Most people believe that if they’ve been injured in an accident at work, their only viable recourse of recovering damages is through workers’ compensation. While this is true in many cases, it’s also true that a number of exceptions to this rule exist that would allow the worker to sue for damages by making a personal injury claim for an at-work accident.
Optional types of car insurance coverage that can be beneficial after a car accident include underinsured motorist coverage, medical payments, and gap insurance.
There are many reasons to consider a wrongful death lawsuit after the death of a family member. Here we've outlined some of the most common so that you can begin to understand whether this may or may not be a good step for your family.
Recently, 13 individuals were injured in a bus crash involving a Kansas City bus which flipped on to its side and slid down an embankment after a car pulled in front of the bus.
There is a pair of Rhode Island Supreme Court cases that underscore the difficult legal issues that arise in Rhode Island personal injury claims involving gun violence.
When to settle and how to negotiate the best possible settlement are common questions following a motorcycle accident. When someone experiences a motorcycle accident and is injured, the parties responsible for causing the accident will be responsible for medical expenses, lost wages, damages for pain and suffering, and additional accident-related damages.
Fatal car accident statistics can help residents avoid deadly car crashes in West Virginia.
If you are having trouble settling your car accident case with the other driver's insurance company, you may be thinking of filing a lawsuit in court. Before you start with the preliminaries, there are a few things to expect. There area also alternatives to settling your case in court.
A crash involving a tractor-trailer and a Toyota Tundra pickup has left one dead, one seriously injured. The crash is one of many catastrophic accidents involving passenger vehicles and commercial trucks, leading many to question whether safety regulations for truck drivers are being followed as closely as they should be.
Last June a Missouri man sustained moderate injuries when he was involved in an accident with a semi-truck on Missouri Route 79 near Hancock St. in Foley, Missouri. The accident happened on June 19, 2012 around 10:30 am.
The “Florida Ban on Texting While Driving Law” is set to go into effect on October 1, 2013 and has already come under criticism for being too weak, leaving a lot to be desired in the realm of enforcement.
Here some good advices regarding your behavior during a sobriety check by the police to avoid you being catch off-guards.
Leaving the scene of an accident is against the law in Florida. To help illustrate the relevant laws, check out the following hypothetical examples:
Unlike speeding tickets, which are considered to be civil violations a reckless driving charge is defined as a criminal offense and comes with more, and more severe penalties. One will not be able to simply pay a fine and move on with their life if they are charged with a willful or wanton act.
Louisiana tops the nation for auto insurance rates for the second year in a row. According to an industry study produced by a website named Insure, an insurance industry website, Louisiana drivers pay an average of $2,699 annually for their car insurance. Michigan and Georgia are ranked at two and three and currently the nationwide average for insurance premiums is roughly $1,500 annually.
Car accidents are an unfortunate fact of life for most people. Often these accidents are minor, resulting a minor injuries. However, serious car accidents occur every single day. Unfortunately many of these accidents are fatal.
While people frequently use the terms “reckless driving” and “careless driving” interchangeably, there is actually a huge difference between these two offenses in Florida.
A hit and run accident in South Carolina can be a serious offense for both minor and adult drivers. There are several instances in which leaving the scene of an accident will incur penalties and fines.
Rollover accidents comprise only 3% of all vehicle accidents in the U.S. but most of these involve SUVs. There are no strict laws that prohibit the use of these types of vehicles and their inherent features and design do not offer a high level of security to its passengers, and so drivers should be extra careful when driving SUVs.
If you have received a careless driving ticket in Broward or Miami-Dade County, you probably got the ticket due to being involved in an automobile accident where the officer investigating the accident found you to be at fault or the cause of the crash. A careless driving charge in Florida carries a four point penalty against your license. If you pay the ticket outright, these points will be assessed on your license, which will cause your car insurance rates to increase.
Car accidents are an unfortunate fact of life. When an accident is the result of another's negligence or recklessness, the law holds the person responsible. When the accident is due to defective car parts, there are responsible parties that should be held accountable too.
As a cyclist and bicycle accident victim advocate, the author has learned several lessons over the 20 plus years he has been riding and practicing personal injury law. On this article, you will find some of the tips he would like to offer to victims of bike accidents.
When a motorcycle accident is caused by drunk driver crash the consequences for the victim may be more serious.
What do I do if I get pulled over and have had a little bit too much to drink and think I’m about to be arrested for driving under the influence?
The latest traffic accident statistics released by the Nebraska Department of Roads show a downward trend in fatal accidents.
Oftentimes people assume that they do not have to file a police report if they are involved in a minor accident. But if you plan to seek compensation, filing a police report strengthens your case.
Hit-and-run has become epidemic in our country and especially in California. According to a recent article, California has the highest hit-and-run accident rate of any state in the Union, and many of those are motorcycle accidents. Motorcycle crash attorneys represent the victims of these accidents and help them recover damages for their injuries, pain and suffering.
A DUI in Oregon is actually a DUII, which stands for driving under the influence of intoxicants. Drivers who are found operating a vehicle with a blood alcohol concentration (BAC) of .08 percent or higher are considered legally drunk, whether they have shown impairment of driving abilities or not.
The Council on Alcoholism & Drug Abuse reports that approximately 16,000 alcohol-related traffic accident deaths occur every year in the United States. According to the Centers of Disease Control and Prevention (CDC) and the National Highway Traffic Safety Administration (NHTSA), alcohol plays a role in about one out of every three traffic fatalities.
Per the National Highway Traffic Safety Administration (NHTSA), any automotive part that “poses a risk to motor vehicle safety” can be viewed as defective. The manufacturers of defective products which result in the injury or death of consumers who use them as directed can be held legally accountable under strict liability laws.
New Mexico Department of Transportation has released traffic accident statistics for 2010, which show distinct trends.
Federal Court of Justice Reported to Have Clarified the Characteristic of “Carelessness” in Transport Law - Germany
The Federal Court of Justice (BGH), with its decision of 25 March 2004 (I ZR 205/01), is reported to have clarified the characteristic of "carelessness" of a freight carrier.
In 2009 there were more than 89,000 people that were injured in car accidents in Illinois. In addition, 911 people were killed in fatal car accidents. After an Illinois car accident, it is important to consult an experienced personal injury attorney before negotiating with the insurance company for compensation.
So you’re the lucky recipient of a traffic ticket for speeding, running a red light, or some other traffic violation in Fort Lauderdale. Now what?
Florida lawmakers inched closer to a statewide ban on texting while driving and may finally be joining the 39 other states who have already banned it.
Most people are very aware of the dangers of drinking and driving, but texting while driving is becoming just as serious a threat on our public roadways.
When a family member has been seriously injured, it is possible to bring a claim for yourself - to compensate you for the damage to your relationship and any loss of services. This is called a loss of consortium, and this type of claim is usually pursued by spouses.
Pop quiz: You’ve just been pulled over by a police officer and issued a Broward or Miami Dade traffic citation.
It can take a lot of information to analyze a crash. Data gathering should begin as soon as possible.
From the tragic Station Night Club fire came a decision from the Rhode Island Supreme Court discussing R.I. Gen. Laws § 12-28-5. See Derderian v. Essex Ins. Co., 44 A. 3d 122 (R.I. 2012).
Whether due to impatience, inattentiveness, or ignorance of the law, every day thousands of Florida drivers pass stopped school buses on the road.
Despite the pressure to most truck drivers to deliver in a timely manner over very long distances, the solution to staying awake and free from fatigue may be as simple as a cup of coffee, as reflected in the results from a recent Australian research. Instead of taking harmful prescription drugs that may lead to side effects and even road accidents, it may be better for truck drivers to limit their solutions to regular intake of caffeine.
Felony traffic offenses are the most serious type of criminal traffic offenses.
Accidents caused by aggressive driving behavior have been happening with increasing frequency over the years. This article explains what the law views as aggressive driving, the risk that such behavior poses to others on the road, and outlines the penalties for it.
A freeway accident on March 27th, 2013 involving an SUV and a bus injured 11 people. Only minor injuries were reported from the crash, which occurred at about 7:30 a.m. Reports indicate that a municipal bus and an SUV collided on an on ramp in Riverside, CA - further details as to the cause of the crash remain unknown. The bus was carrying a total of 29 passengers.
Drivers are wearing seat belts more than ever and it is resulting in the risk of being killed or severely injured in an automobile accident by at least half.
Numerous studies have been carried out nationwide to tackle the question: Do higher speed limits affect the rate of traffic accidents and fatalities? Unfortunately, there is no one answer set in stone.
By unanimous vote, on March 7th the Florida State Senate approved Senate Bill 52. This bill imposes a ban statewide on texting when driving. Unfortunately, there have been bills like this one that have passed the Florida Senate, but went on to fail the House of Representatives. Out if 50 states, there are 39 that already have bans on texting when driving and this includes the District of Columbia.
The Florida Department of Highway Safety and Motor Vehicles or FDHS in a press release shows that Florida’s hit and run fatal auto accidents, over the past two years has increased.
Most car accidents are straight-forward and liability is easy to understand. But did you know that there are more factors than the two drivers? The accident could have been caused by a faulty car, or a poorly designed intersection, or even bad weather. Before contacting the insurance company, make sure you understand the real cause of your accident.
Not every case needs a lawyer. If your case is small, you may be able to negotiate with the insurance company yourself. We don't often recommend this, as it can be very difficult even with a small claim to work with the insurance company, but it is possible.
Car accidents make up the majority of personal injury cases in the U.S. court system. They are an unfortunate fact of life as the majority of American's drive cars. If you or a loved one is involved in a car accident due to another person's negligence or recklessness, the laws in Missouri and Illinois holds them responsible.
The best way to curb speeding sometimes lies in enforcement, rather than relying on individuals to monitor themselves.
A recent school bus accident in San Bernardino seems to back statistics that most school bus crashes are head-on collisions. Elderly couple driving a Jeep struck the bus after running a red light. Fortunately, no kids were on the bus. Unfortunately, the bus driver and the elderly couple in the Jeep were hurt.
At time it is customary to assume that when you crash into the car in front of you, the fault is all yours to take. That may not always be the case, and here is why.
You met with a motor accident, and your medical expanses were covered by insurance. Are you entitled to claim from the wrongdoer as well? The answer would appear to be a resounding yes, but it is not so simple...
The driver of a semi truck got lots of attention on the morning of March 18th, 2013 when he drove for about 10 miles in the wrong direction on an interstate. Police dispatchers were first alerted to the wayward semi a little after four in the morning, when motorists began calling in handfuls to report the truck, which many reported forced them to swerve in order to avoid a collision.
While recent statistics show a drop in vehicular accident fatalities over the past ten years, the most common cause of road accidents needs to be given some attention. The combination of speeding and aggressive drivers is the main factor involved in motor accidents and state authorities need to implement more effective measures to help prevent these accidents. For now, individuals may turn to their personal injury lawyer in seeking compensation for pain and injury resulting from these accidents.
The state of Arizona has extremely harsh penalties for DUI convictions. Starting in 2012, the Arizona legislature passed a bill to lessen some of those penalties.
A motorcycle rider was killed on Thursday, March 7th, when the driver of a car attempting to make a turn entered the rider’s path - the rider, who was wearing a helmet, was just 21 years old and died later of his injuries. This accident occurred in Bradenton, Florida and is the second fatal motorcycle accident that the city has experienced in a week.
A speeding trucker is responsible for causing a chain reaction that caused traffic to back up for hours. According to reports, the at fault semi truck driver was navigating a ramp too fast when the truck tipped onto its side and slid across the highway, blocking every lane on that side of the expressway.
Leaving the scene of an accident with out stopping to to engage in the required procedures after an accident can lead to serious federal consequences for that driver.
When a person is injured in a motor vehicle accident, the medical bills quickly pile up and the challenge of paying for them can be financially devastating. That's why it is important to understand when you need to pay, and under which circumstances the other driver is responsible for taking care of the repair and healthcare-related bills.
It is estimated that one in seven drivers in the United States are consistently operating motor vehicles without insurance coverage. This article discusses the rise in uninsured motorist accidents and the need for people to review their insurance coverage to determine that they would be able to receive monetary compensation from their own carrier in the event of an accident with an uninsured driver.
The Miami Herald recently published a story by Texas A&M University's Transportation Institute who reported that the Urban Mobility Report for 2012 issued its annual report showing the region of Broward, Miami/Dade, and Palm Beach counties as having a rating of eleventh of the fifteen worst traffic congestion for urban areas.
Its estimated that every 17 years, we will be in a car accident severe enough to report to our auto insurance company.
In less than a minute, the high-end headlights could be popped out with a screwdriver, leaving owners and lessees with vehicles that can’t lawfully be driven and that cost thousands of dollars to repair.