News & Analysis as of

Car Accident

Germany Permits Automated Vehicles

by White & Case LLP on

On 21 June 2017, Germany enacted a bill legalizing automated vehicles ("AV Bill"). The AV Bill modifies the current Road Traffic Act and defines the requirements for highly and fully automated vehicles to use public roads. It...more

Texas Passes Ban on Texting While Driving

by Littler on

On June 6, 2017, Texas became the 47th state to enact a state-wide ban on texting while driving. The new law (HR 62) prohibits drivers from reading, writing or sending electronic messages unless the vehicle is stopped. It...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

Failure to Have Additional Treatment Records Reviewed by Expert Precludes Summary Judgment on Genuine Dispute Doctrine

In Zubillaga v. Allstate Indemnity Company (No. G052603, filed 6/19/17), a California appeals court ruled that triable issues about the insurer’s reliance on expert medical opinions precluded summary judgment on the genuine...more

West Virginia Supreme Court: Bad Faith Claims Are Premature when the Insurer Is Providing a Defense

by Cozen O'Connor on

The West Virginia Supreme Court recently granted an insurer the extraordinary legal remedy of a writ of prohibition, awarding it an immediate dismissal of the insureds’ bad faith claims. State ex rel. Universal Underwriters...more

Top 7 mistakes that can hurt a car accident lawsuit

by Michigan Auto Law on

Sadly, insurance company adjusters and defense lawyers are constantly searching for — and ready to pounce on — certain common mistakes that many unsuspecting and well-intentioned car crash victims make....more

What to Do When You Are in an Auto Accident in California

Being involved in an auto accident in California can leave you injured and confused. Would you know what to do? No one gets in the car and plans to get into an auto accident. They happen so fast that it can be hard to...more

Comparative Negligence and Crashworthiness Collide at the South Carolina Supreme Court

by Nexsen Pruet, PLLC on

The South Carolina Supreme Court recently held that the comparative negligence of a plaintiff, in causing a vehicular collision, is not a defense to product liability crashworthiness claims brought under the theories of...more

Supreme Court Determines the Burden of Causation is on Employers and Carriers in Compensable Claims

In Wilkes v. City of Greenville, __ S.E.2d __, (2017) the North Carolina Supreme agreed with the Court of Appeal’s determination that when compensability is admitted an injured worker is entitled to a presumption that future...more

“Can Lawyers Win Pre-Existing Injury Lawsuits?”

by Michigan Auto Law on

Jeffrey Feldman tells Michigan Lawyers Weekly how he and Leonard Koltonow handled the pre-existing injuries defense - How does an attorney overcome a common defense argument regarding a client’s pre-existing injuries and...more

Where do you Work? Going and Coming Rule – Business Errand Exception

by Low, Ball & Lynch on

Michael J. Sumrall, et al., v. Modern Alloys, Inc. - Court of Appeal, Fourth Appellate District (April 13, 2017) - California Jury Instruction No. 3724 sets forth the Going-and-Coming Rule – Business Errand Exception,...more

No-Fault vs. health insurance: What’s the better choice for crash victims?

by Michigan Auto Law on

Health insurance is full of landmines for unsuspecting car crash victims, who are subject to ‘auto exclusions,’ coverage limitations, managed care, HMOs and medical pre-approval requirements and ERISA liens....more

Car Accidents Involving Autonomous Cars, Who is Liable?

by Foley & Lardner LLP on

With automated cars comes hopes of safer driving, more efficient commuting, increased productivity, reduced human errors, and fewer accidents. However, as self-driving cars becomes a reality, car accidents may lead to legal...more

Georgia Supreme Court Clarifies Pre-Suit Offer Requirements

by Cozen O'Connor on

On March 6, 2017, the Georgia Supreme Court answered certified questions regarding the application of Georgia’s Pre-Suit Offer statute concluding that O.C.G.A. § 9-11-67.1, the statute dealing with the formation of settlement...more

Deadly Crash in Canoga Park Sheds Light on Impaired Driving

Recently a high-speed crash in Canoga Park, California took the life of young driver Steven Rodriguez, just two weeks after his 21st birthday. Authorities believe than an excessive rate of speed combined with possible...more

Michigan Supreme Court Holds That an Insurer’s Untimely Payment of Underinsured Motorist Benefits is Subject To Penalty Interest...

by Dickinson Wright on

The Michigan Uniform Trade Practices Act (UTPA) provides for 12% penalty interest on certain no-fault insurance claims that are not timely paid by the insurer. For “third party tort claimants,” penalty interest only applies...more

Dedmon: The Destiny Of “Reasonable” Medical Expenses In Tennessee Part II

by Butler Snow LLP on

In Tennessee, personal-injury plaintiffs may recover as damages the reasonable and necessary costs of the medical treatment that they received for their proven injuries. Until recently, a plaintiff’s ability to prove a...more

Smartphones and Driving DO NOT MIX

Tragic automobile accidents forever change the lives of those involved. I have seen it too often in my career. For the victim, a life may be tragically cut short. For the at-fault party, they will live knowing that their...more

Eleventh Circuit Deems Voluntary Dismissal of a Coverage Action Sufficient to Award Attorneys’ Fees to a Policyholder as the...

by Carlton Fields on

In a recent unpublished opinion, the Eleventh Circuit issued a decision that should serve as a warning to insurers to be sure to resolve all issues before dismissing a coverage action, particularly when involved in the...more

Who’s Liable for Accidents Caused by Medical Emergencies Behind the Wheel?

by Howard Ankin on

When a car accident occurs because of an unforeseen medical emergency behind the wheel, a driver can assert a “sudden medical emergency defense.” This defense relieves a driver of negligent liability and personal injury...more

The Causes and Impact of Nerve Damage

by Howard Ankin on

Nerve damage can significantly impact every aspect of a person’s life. It can limit their range of motion and hinder their ability to breathe. While some nerve damage is reversible and can be treated, the more severe the...more

The Continuing Attack on Tribal Sovereign Immunity at the Supreme Court

by GableGotwals on

Immunity of tribal officers and employees from suit in state and federal court for tort liability should concern tribal governments engaged in gaming operations. Often, because of historical antecedents and general belief,...more

Traumatic Brain Injuries: The Dynamics

When a loved one experiences a traumatic brain injury (TBI), family dynamics are forever changed. The athletic boy who suffered a blow to the head during batting practice no longer is able-bodied. The academic girl who...more

Eleventh Circuit Reaffirms There Is No Bad Faith Unless the Settlement Offer Fully Protects the Insured

by Cozen O'Connor on

Recently, the Eleventh Circuit, applying Georgia law, reaffirmed that an insurer cannot be liable for negligently failing to settle a case unless the settlement demand provides protection to the insured against all potential...more

Virginia Supreme Court Rules on UM Carriers’ Duty to Settle Prior to Judgment

by Sands Anderson PC on

Recently, in Ebenezer Manu v. GEICO Casualty Company, the Supreme Court of Virginia clarified the issue of when an insurance provider has a duty to offer a good faith settlement to its insured when the accident was the fault...more

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