Auto Accidents Newsletters
Auto Coverage for Mass Transit Vehicles
Mass transit vehicles such as buses play an important role in carrying out the necessary activity of enabling the residents of the United States to conduct their public and private business. The sheer volume of human activity involved in mass transit operations, and the number and types of vehicles employed in mass transit around the country, create numerous issues related to the motor vehicle insurance aspects of the mass transit business.
Comprehensive Coverage
Cars and trucks can be damaged in a wide variety of ways and by a wide variety of instrumentalities, both while they are in operation and while they are parked and at rest. Comprehensive coverage under motor vehicle insurance policies has been devised in order to provide owners and operators of vehicles with protection against the risk that such damage to a vehicle will occur.
Contingency Fee Arrangements in Auto Accident Cases
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.
Exclusions for Violations of Law in Motorists Insurance
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.
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.
