In keeping up with their end of this tort arrangement, in many
cases liable drivers find that the state mandated minimum level of auto liability insurance is not sufficient to cover all the financial costs of dealing with the accident, even while it only addresses the costs borne to the other vehicle and driver.
Not exact matches
Except in the
case of excessive force or cruel and unusual punishment, a teacher or other member of the instructional staff, a principal or the principal's designated representative, or a bus
driver shall not be civilly or criminally
liable for any action carried out in conformity with State Board of Education and district school board rules regarding the control, discipline, suspension, and expulsion of students, including, but not limited to, any exercise of authority under s. 1003.32 or s. 1006.09.
As a Level 3 system, the
driver is still
liable for where the car goes, and that's likely to be the
case for some time.
«Tuesday's Three Burning Legal Questions Main N.J.
Case Considers Whether Sender of a Text Is
Liable for Injuries Caused by Distracted
Driver»
In all
cases, however, if a
driver neglects their duty of care to operate their vehicle in a reasonably safe and careful manner, and if this act of negligence causes the crash, this
driver can be held
liable for any damages that result.
If the total amount of insurance coverage carried by their
driver is not enough to cover their total damages, they may have to settle for less than what their
case is worth — unless the other
driver is
liable to them for what has happened.
However, trucks are almost always commercial vehicles, which means that, in many
cases, it is not simply the
driver who is
liable for the accident.
I blogged sometime ago about a New Jersey
case where a Court found that someone sending a text to someone else who he knows is driving can be held
liable — along with the
driver — for the resulting crash and injuries caused to others.
Because there are multiple parties that may be
liable in a truck accident
case, such as the truck
driver and the trucking company, there may be multiple insurance companies with which you may make a claim.
In these such
cases there are usually conflicting duties between two
driver under the Motor Vehicle Act that might make either or both partially
liable.
In some
cases, an insurance company may pay for those damages, and in others, a drunk
driver may be held personally
liable.
Every
case is unique, and a thorough investigation into an accident is necessary in order to determine whether truck
drivers and trucking companies can be held
liable for a crash.
An appeals court in the US has held that in principle, someone who sends a text message to someone she knows is driving (in this
case, a motorcycle) and is likely to text back while driving, can be
liable for damages caused by that
driver while distracted by texting [Kubert v. Best].
Duncan Law Firm is actively seeking truck accident
cases and stands ready to ensure that responsible truck
drivers and trucking companies are held
liable for compensating you for the damages they caused.
If the cell phone or wireless device was issued to the
driver by his or her workplace, that employer is directly
liable, and the accident victim has a strong
case to bring forward against them.
In every accident and injury
case, our law firm quickly seeks to determine the parties who are responsible and
liable to cover damages, such as the other
driver and their insurance company.
In the
case of these
drivers, their trucking company may be
liable for the accident if they do not allow for proper rest.
This
case deals solely with the plaintiff's claim against the museum, alleging that the museum was vicariously
liable for the
driver's actions.
In most drunk driving accident
cases, the
driver responsible is solely
liable for all injuries and other damages sustained by the victim (s) if negligence is proven.
In many
cases, the motorcyclist is not at fault and the other
driver is
liable for the crash and the biker's injuries.
Toward that end, we delve into «the
case within the
case» to identify all
liable parties, not necessarily limited to the other
driver.
Many of these
cases involve complex legal issues due to the fact that numerous taxi cab
drivers are employed as independent contractors which requires a careful evaluation of the legal relationship between the potentially
liable parties.
A
driver may also be held
liable in a civil
case and have to pay compensation for your injuries, lost wages, pain and suffering and medical expenses.
As there may be overlapping insurances, several vehicles and
drivers, and more than one
liable party, it is strongly advised that you contact a Denver personal injury lawyer with experience in complex
cases.
Recent
Case Finds Truck Owner Vicariously
Liable for
Driver's Negligence but Subject to Statutory Liability Maximum, New Mexico Personal Injury Lawyer Blog, July 5, 2017.
In Virginia truck accident
cases, any time the
driver or company does not follow the federal trucking regulations, they may be found
liable for negligence.
In most
cases, a drunk
driver's insurance company is
liable to pay for damages to the individual or individuals injured in the accidents.
That is, unless the
driver's lawyer can come up with something that would turn around the
case on why, even though his client hit the other party, the other party is
liable also.
For instance, in the above scenario, which comes from a 2013
case, the injured cyclist was found to be 40 %
liable for the accident, while the
driver of the vehicle, a police officer, was found to be 60 %
liable.
In this
case, the
liable party may be the distracted
driver, the local government for not maintaining the roadway, the tire company for selling a defective tire — or all three.
In any of these
cases, if the
driver's rule or law violation or other incidence of negligence is determined to have caused an accident victim's injury, the
driver may be found
liable for the damages suffered by the victim as a result of his or her injuries in a negligence action brought by the injured victim.
The plaintiff filed a personal injury
case against the bar, arguing that under the state's Dram Shop Law, it should be
liable for the injuries caused by the intoxicated
driver.
In car accident
cases, in order to hold another
driver liable, a plaintiff must show that the
driver was negligent and also that the other
driver's negligence proximately caused the plaintiff's injuries.
Depending upon the specifics of your
case,
liable parties might include the
driver of a motor vehicle, an employer who breached safety standards, a manufacturer of a defective piece of industrial equipment, and more.
We have prevailed in many types of car accident
cases, recovering compensation from
liable drivers who cause head - on collisions.
In these
cases, the at - fault
driver becomes
liable for any damage or injury that results.
In some
cases, both your
driver and the
driver of another vehicle may be jointly
liable for your injuries.
Bodily injury liability coverage covers the injuries of other
drivers in the
case of an accident you are
liable for.
However, in
cases where the insurance on the vehicle isn't enough, due to low limits or poor coverage, the
driver's insurance company may be
liable for the remaining costs of the damages to the
driver, a passenger or the vehicle.
Underinsured coverage is similar but works to supplement the
liable driver's insurance in
cases where that
driver's coverage is not enough to cover all costs.
In the
case of uninsured and underinsured motorist coverage, however, it is important to note that the policy benefits are reserved for the covered
driver and passengers in
cases where the other
driver is
liable and does not carry sufficient insurance protection.
For the sake of uninsured motorist coverage, not having insurance can mean several different things: the negligent
driver could be carrying no auto insurance coverage at all; his or her coverage could fall short of the state's minimum guidelines for auto insurance; the insurance company representing the negligent or
liable driver could be unwilling or unable to pay the claim (claim denial or financial insolvency on the part of the provider; or, the accident could be a hit - and - run situation, which is treated as an uninsured
driver case.
A
driver rated with six stars, one who has a long driving history with no accidents on their record, who gets into an accident and is found
liable for the collision might be dropped all the way down to a zero - star rating in certain
cases.
Uninsured motorist policies protect the covered
driver in
cases where an accident occurs with an uninsured
driver and that
driver with no insurance is
liable but unable to pay for medical expenses.