Violation of Traffic Laws as Proof of Negligence

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.

Underinsured/Uninsured Motorists' Consent to Settle

Underinsured motorist and uninsured motorist provisions in many auto insurance policies contain clauses that exclude coverage if the insured, without the consent of the insurer, makes a settlement with or obtains a judgment against an uninsured or underinsured motorist who is liable for the damages caused by an accident. These clauses, which are called consent to settle, consent to settlement, or consent to action clauses, are included in the policy because the interests of an insured, who may hope to obtain a quick settlement with an uninsured or underinsured motorist and may be less concerned about the size of the settlement, often differ from the interests of his or her insurer, which hopes to recover from the liable party every possible dollar of the amounts it is required to pay out under its policy.

Impact of Riders/Endorsements on Auto Insurance Policies

A rider is a paper attached to a document that amends the document. In an automobile insurance policy, a rider can modify the conditions of the insurance policy. It can increase or decrease the policy's benefits. It can add exclusions from coverage, like a crime exclusion clause. The use of the rider means that the entire policy does not have to be rewritten if a change needs to be made. Riders are also known as endorsements, slips, or rubber stamps.

Tort Liability for Highway Maintenance

The massive collapse of an interstate highway bridge in Minnesota in 2007 has served as a stark reminder of the problems created by the aging infrastructure in the United States. Numerous less dramatic examples of the consequences of failure to properly maintain and repair highways and associated structures such as bridges and tunnels have led to the bringing of legal actions claiming damages for deaths, personal injuries, or property damage caused by such occurrences. Such actions can involve both governmental units and contractors who perform highway repair and maintenance work on behalf of those governmental units.

Liability of Car Distributor/Manufacturer in Automobile Accident Cases

When an automobile accident occurs, there can be many causes. Some causes can make a car distributor or manufacturer liable for the injuries and damages in an automobile accident case. For instance, a manufacturer can be liable for damages caused by its failure to exercise reasonable care in the design of an automobile.