Auto Accidents
| Violation of Traffic Laws as Proof of Negligence |
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| In an automobile accident action against a driver for damages suffered in a car collision, the driver's violation of a traffic law can be evidence of his or her negligence. The law calls negligence based upon the violation of a specific requirement of law "negligence per se." Negligence per se means that as a matter of law negligence existed. While the violation of a traffic law is negligence as a matter of law, the violation does not mean that the driver is liable unless the negligence was the proximate cause of the plaintiff's injury. Negligence is ordinarily a question for a jury. It only becomes a question of law when a court determines that only one conclusion can reasonably be drawn from the evidence. If the violation of the traffic law is treated as negligence per se, the question of negligence will not be given to the jury. More... |
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| Exclusions for Violations of Law in Motorists Insurance |
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| Insurance companies do not defend their insureds in criminal proceedings based on automobile collisions. However, nearly all automobile collisions result from infractions of traffic regulations. The fact that an insured was violating a law at the time a covered accident occurred does not relieve an insurance company's duty to defend that insured in a civil action or its duty to pay for the injuries or damages caused by the insured. More... |
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| Contingency Fee Arrangements in Auto Accident Cases |
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| When a person, who is injured in an automobile accident, needs an attorney to file a lawsuit against those who caused the person's injuries, the attorney's fees could prevent the injured person from proceeding. Most injured persons cannot afford to pay an attorney's hourly fee to bring a lawsuit to recover damages that could include medical expenses, lost wages, pain, future medical needs, and other expenses. To make litigation affordable for an injured person, attorneys in automobile accident cases do not charge an hourly rate or a fixed amount for legal fees. Instead, the attorney and injured person agree that the attorney's fee will be determined by the amount of the settlement awarded to the client. This is called a contingency fee arrangement. More... |
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| Automobile Insurance Policies: Refusals to Insure |
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| An automobile insurance company has the right to choose whom it will insure. If an applicant for automobile insurance is deemed to be a bad risk, the insurance company can refuse to issue an insurance policy. Ordinarily, the insurance company does not have to give the applicant a reason for refusing to insure him or her. However, insurance companies must act in good faith in their dealings with insureds and applicants. Although an insurance company can refuse to insure someone, they cannot refuse to insure a person for an improper reason. The same applies to the cancellation of an insurance policy. More... |
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| Manufacturing Defects in Automotive Products Liability Cases |
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| The essential things that have to be proved by a plaintiff in a products liability action against the manufacturer or seller of a car or truck are that the vehicle contained a defect that created an unreasonable risk of danger when the vehicle was used for its intended purpose and that the alleged defect caused the occurrence of a collision or similar incident, for example a vehicle fire, that resulted in the death, personal injury, or property damage for which the plaintiff seeks to recover damages. Such alleged defects in a vehicle may include shortcomings in its design, errors in the manufacturing of its numerous parts and their assembly into a complete car or truck, or failure to properly warn the purchaser or user of some danger inherent in the operation and use of the vehicle. More... |
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