How To Outsmart Your Boss On Motor Vehicle Litigation
Motor Vehicle Legal Terms
The laws governing motor vehicles vary widely between states. In general the law, it assumes that the vehicle is being operated with its owner's permission.
Laws that enhance penalties such as making revocation automatic and the targeting of social hosts have mixed effects on mortality rates. Mandatory education, alcohol treatment and interlock devices all have a limited impact.
Legal Definitions
State laws regulate the legal terms used by motor vehicles. The different definitions of federal law used for national requirements for fuel efficiency and licensing requirements for commercial vehicle drivers serve mainly for administrative reasons, and are not applicable to states that are determining their own registration classifications. The classifications of a vehicle's registration determine whether a driver must get a license specific to operate certain types of vehicles.
The state laws define the terms "automobile," "light truck" and others. For instance light truck, it is any vehicle with a capacity of carrying less than 7,500 pounds. This excludes panel delivery vehicles and pickup trucks. This includes any vehicle or combination that is designed to carry passengers or property within its own structure. This includes manufactured homes and trailers.
A wheel chair conveyance is a machine with wheels. It is usually used by persons who are physically disabled and cannot move about as pedestrians. Mopeds are motor vehicle that has no more than three wheels that are in contact with the ground. It operates at a speed not more than 35 miles per hour.
A pedicab vehicle is one that is propelled by an operator sitting on it. The person who has the legal title to a vehicle is called its owner.
Traffic Laws
Typically, every state has its own set of motor vehicle law that cover everything from the registration process to insurance requirements. These statutes also cover the types of vehicles that are covered by the law. Some of these laws are identical across states, while others vary considerably. For instance, there are laws that limit the number of people that can be transported in a pedicab. There are laws that prohibit reckless driving on certain types of roadways, such as parking spaces.
Anyone who drives a motor vehicle in violation of these laws can be penalized and liable for fines for doing so. The penalties can vary from having your driver's license suspended to having to attend a traffic school.
The law that governs speed limits on roads is one of the most important laws that states have. In New York for example, the speed limit is the same for commercial vehicles and automobiles.
The law also sets out the definition of a "motor vehicle." This includes every description of a carriage or device that is driven by mechanical power and used on a highway to transport people or property, or for any other commercial purpose. It excludes trailers and semitrailers, coaches or house trailers or vehicles that only run upon rails or tracks snowmobiles, all-terrain vehicles and snowmobiles as well as motorized mobility aids operated by a person with disabilities and self-propelled corn or hay harvesting machines and tractor.
Insurance
A motor vehicle policy is a contract that protects the insurer against financial loss in the event of bodily injury or death or property damage caused by a third-party that results from the maintaining, operating or use of an insured vehicle. It can also protect against physical damage to the vehicle. It must include the name and address the named insured as well as the coverage provided by the policy. It also contains the amount of premium paid, the period for the period that the policy is in force, and the maximum amount of responsibility. motor vehicle accident lawyer marietta should also include an agreement or endorsement that the insurance coverage is provided in conformity with the coverage set out in the policy for bodily injury or property damage, and is subject to the provisions of this chapter.
The language of the motor vehicle policy could be confusing to anyone, and Duncanville law firms usually recommend that a person read the sample policy to know the terms. One of the most frequently encountered confusions is the definition of "motor vehicle". This phrase is found in a variety of statutes that regulate the registration of vehicles as well as financial responsibility laws.
Examples of coverages offered under the motor policy include commercial auto insurance for vehicles used for commercial or business establishments or activities, employment, or occupations performed for profit, automobile liability insurance, which includes PIP MP, MP, as well as uninsured or underinsured driver coverage (UM/UIM). A majority of states require drivers to have this type of insurance.
Permissive Use
If anyone other than an insured or family member drives your car and gets involved in an accident, it is crucial to know the insurance coverage that is available in these circumstances. This concept is known as permissive use and the specific terms of your policy could differ but generally, the majority of major car insurance companies provide this type of insurance.
It is important to keep in mind that you are responsible for any damages caused by a driver who has your permission. Permission can be either implied or explicit but does not necessarily require writing.
In determining whether there is implied permission, courts will look at the relationship between the parties; their prior conduct and usage of the vehicle; and the circumstances surrounding the particular driving event that is in question. A court will also look at whether any restrictions were imposed on the permissive use and if even an unintentional deviation from the time, place, and usage restrictions of the original permission would violate the restrictions.
Keep in mind that adding a driver to your car insurance will cause your premium to go up, as it makes the car more risky to insure. Therefore, you must weigh your options carefully before giving your vehicle over to others. If you're not sure whether to include someone on your policy or not, call Jerry to discuss the specific terms of your insurance policy and get an estimate for free.