Motor Vehicle Litigation 10 Things I Wish I’d Known Sooner
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Motor Vehicle Legal Terms
The laws regarding motor vehicles differ from state to state. In general the law assumes the vehicle is being operated with the permission of the owner.
Laws enhancing penalties and making revocation automatic, or targeting social hosts can 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 federal definitions for national standards for fuel economy and licensing standards for commercial vehicle drivers are mostly administrative and are not applicable when states determine their own registration classifications. These classifications for vehicles determine if a motorist requires an exclusive license to operate certain types of vehicles.
These state laws define terms like “automobile,” “light trucks” and more. As an example an example, a light truck is any vehicle with a capacity that is less than 7,500 pounds. This excludes panel delivery trucks and pickup trucks. It also excludes any combination of vehicles that is intended to transport passengers or property completely within its own structure, like manufactured homes and trailers.
Wheel chair is a type of vehicle equipped with wheels and is used by people who are physically disabled and unable to walk. A moped is a vehicle with no more than three wheels on the ground, and that can travel at the speed of 35 miles per hour.
A pedicab, also known as a pedal-driven vehicle, is one that is driven by the operator who sits on the top of it. The person who has the legal title to a vehicle is known as the owner.
Traffic Laws
Typically, each state has its own set of motor vehicle laws that regulate everything from the registration process to insurance requirements. These statutes also address the types of vehicles covered by the law. While some of these laws are fairly similar between states, others differ significantly. For instance there are laws that restrict the number of passengers that can be transported in the pedicab. There are laws that prohibit reckless driving on certain kinds of roads, such as parking lots.
If you are in violation of these laws, you can be punished with a fine and/or a penalty. Penalties could include getting your license suspended or having to attend traffic school.
One of the most important laws in a particular state regarding automobiles is that it governs the speed limits that are put in place on the roads. In New York, for example it is stated that the speed limit for commercial vehicle is the same as that of an automobile.
It also defines the term “motor vehicle” as any vehicle or other device that is powered mechanically and firms used on a highway to transport property or people, or for other commercial uses. The law does not apply to trailers, coaches and semitrailers, all-terrain and snowmobile vehicles, motorized mobility assist devices used by disabled people and self-propelled corn, as well as hay harvesting machines.
Insurance
A motor vehicle insurance policy is a contract which protects the insurer from financial loss in the event of bodily injury or death or property damage caused by a third-party due to the running, maintaining, ownership or the use of an insured vehicle. It may also protect against physical damage to the vehicle. It must include the name and address of the insured named the policy, the coverage provided by the policy, the premium charged therefor, the period of effectiveness and the limits of liability. It must also include an agreement or endorsement that the insurance coverage is provided in accordance with the coverage stated in respect of bodily injury or property damage or death and is subject to all the provisions of this chapter.
The language in the motor vehicle policy could be confusing for the average person. Duncanville law firms will often recommend that a person read the sample policy to comprehend the terms. One of the most common areas of confusion is the definition of the term “motor vehicle.” The phrase appears often in statutes governing vehicle registration and financial responsibility laws.
Examples of coverages under the motor vehicle accident attorney policy include commercial auto coverage for automobiles used for business, commercial establishments or for employment, activities, or jobs conducted for profit, and automobile liability insurance, which includes PIP, MP, and uninsured or underinsured driver coverage (UM/UIM). A majority of states require drivers to carry this type of insurance.
Permissive Use
It is crucial to understand how insurance coverage will work in the event that a person other than the named insured or a family member is driving your car and causes an accident. This is referred to as permissive usage and the specific terms of your policy can vary however, generally speaking, all large car insurance companies provide this type of insurance.
However, it is crucial to remember that the person driving your vehicle must have your permission in order to be held responsible for any damage. Permission can be express or implied, and generally does not have to be written down.
In determining whether there is implied permission, courts consider the relationship between the two parties; their previous conduct and usage of the vehicle, firms as well as the circumstances surrounding the particular driving incident in question. A court will also look at whether any restrictions were made on the scope of permissive use and if even a minor deviation from the time, location and use restrictions of the permission would be in violation of these restrictions.
Be aware that adding the driver to your auto insurance policy could raise your premiums, as the vehicle becomes more difficult to insure. It is therefore important to weigh your options carefully before lending your vehicle out to others. Contact Jerry for a free insurance quote and to discuss your policy terms.
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