Motor Vehicle Litigation: The Good, The Bad, And The Ugly

Motor Vehicle Legal Terms The laws for motor vehicles vary from state to state. In general the law, it is assumed that a vehicle is being operated by the owner's permission. Laws that increase penalties such as making revocation automatic and the targeting of social hosts have mixed impacts on mortality rates. All of these measures, such as obligatory education, alcohol treatment and interlock devices, have a slight effect. Legal Definitions The laws governing motor vehicle legal terms are formulated and decided at the state level. The definitions used by the federal government for national standards for fuel economy and licensing standards for commercial vehicle drivers are mostly administrative and are not applicable when states decide on their own classifications for registration. These classifications for vehicles determine whether a driver requires an exclusive license to operate certain kinds of vehicles. The state laws define the terms “automobile,” “light truck” and many others. For instance an example, a light truck is any vehicle with an rated capacity of less than 7,500 pounds. This excludes pickup trucks and panel delivery trucks. Also, it excludes any vehicle or combination of vehicles that is specifically designed to carry property or passengers wholly within its own structure, such as trailers and manufactured homes. A wheel chair conveyance is a vehicle with wheels, typically used by those who, due to physical disability are unable to move around as pedestrians. 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 pedal-driven vehicle, is driven by a driver sitting on top of it. Someone who holds the legal title to a vehicle is referred to as the owner of the vehicle. Traffic Laws Typically, each state has its own set of motor vehicle laws, which deal with everything from the registration process to insurance requirements. The statutes also cover the kinds of vehicles protected by law. Some of these laws are the same across states, however others are different. For instance, there are laws that restrict the number of passengers that can be transported in a pedicab. There are laws that ban reckless driving on certain kinds of roads, including parking lots. If you are in violation of the law, you could be punished with a fine and/or a penalty. The penalties can vary from being able to have your driver's license suspended to having to attend a traffic school. The law that governs speed limits on roads is among the most important laws that a state has. In New York, for example it says that the speed limit for a commercial vehicle is similar to that of an automobile. It also defines the term “motor vehicle” as any vehicle or any other device that moves mechanically and used on roads to move people or property or for other commercial reasons. It does not include trailers and semitrailers, coaches or house trailers and vehicles that operate only on tracks or rails snowmobiles, all-terrain and snowmobiles, motorized mobility assistance devices used by people with disabilities, self-propelled corn or hay harvesting machines and tractor. Insurance A motor insurance policy for vehicles is a contract between the insurer and insured that covers financial losses arising from liability for bodily injury or death, property damage to a third party arising out of ownership, operation, maintenance or use of a covered car. It may also provide protection against physical damage to the vehicle. It must contain the address and name of the insured named and the amount of coverage offered by the policy, the premium charged therefor, the period of effectivity and the limits of liability. It must also include an agreement or a statement that the insurance is provided in conformity with the coverage set out in respect of injuries to the body or property damage, and is subject to all of the provisions of this chapter. The language of a motor vehicle insurance policy can be confusing to anyone, and Duncanville law firms typically recommend that an individual review the policy sample to fully be aware of the terms. One of the most common areas of confusion is the definition of “motor vehicle.” The phrase appears frequently in statutes governing vehicle registration and financial responsibility laws. A few examples of coverage under a motor vehicle policy include commercial auto insurance that covers vehicles used for commercial, business, occupations, or activities carried on for profit; automobile liability insurance, which includes MP and PIP as well as underinsured and uninsured motorist coverage (UM/UIM). A majority of states require drivers to have this type of insurance. Permissible Use It is crucial to understand how insurance coverage works if someone other than the named insured or a family member is driving your vehicle and causes an accident. This is known as permissive usage. The specific terms of your insurance policy may differ, but most large insurance companies offer this type of coverage. However, it is crucial to note that the person driving your car must have your permission in order for you to be held liable for damages. Permission may be implied or express and does not always have to be written. In determining if there is implied consent, courts take into consideration the relationship between the parties, their prior behavior and the use of the vehicle and the circumstances surrounding a particular driving event. The court will also consider the extent to which restrictions were imposed on the scope of permissive use and if even a minor deviation from the date, time, and location restrictions of the original permission would violate these restrictions. Be aware that adding a driver to your insurance will cause your insurance premium to go up, since it makes the vehicle more risky to insure. Therefore, you must think about your options carefully before giving your vehicle over to others. Contact motor vehicle accident law firm pueblo to get a free insurance quote and discuss the terms of your policy.