Car Accident

News & Analysis as of

National Push for Speed Limit Increase a Bad Idea

Lawmakers who are pushing for speed limit increases nationwide aren’t listening to the research about how dangerous this is — as the combination of speed and distracted driving means more deaths on the road....more

8th Circuit Denies UIM Coverage Again Based Upon Mo. Supreme Court Decision in Rodriguez v. General Accident Insurance Company

For a third time in four years, the 8th Circuit has denied UIM coverage to an insured based upon the Missouri Supreme Court’s decision in Rodriguez v. General Accident Insurance Company of America, 808 S.W.2d 379 (Mo. banc...more

Eleventh Circuit Finds Insurance Carrier Responsible In Georgia For Harm Caused by Intoxicated Employee

In a recent Eleventh Circuit opinion, the Court found that the insurance carrier was responsible, under Georgia law, for the harm caused by an intoxicated employee’s vehicle usage. Great American Alliance Ins. Co. v....more

Road Traffic Injury

Being involved in a road traffic accident can leave you with anything from whiplash and bruising to serious head and spinal injuries. If you are uncomfortable enough to be involved in a horrific road accident, which was not...more

St. Patrick’s Day and Car Accidents

According to studies, the most dangerous time to be on the road is between midnight and 5:59 a.m., so be vigilant and if you drink, enjoy that green beer responsibly by getting a designated driver, Uber, or taxi to take you...more

Employee Impaired Driving and a Million Dollar Verdict: Employer Best Practices for Employee Vehicle Use

If your employees use business vehicles or personal vehicles for work, you should take heed of Great American Alliance Ins. Co. v. Anderson, 2017 U.S. App. LEXIS 2277 (11th Cir. Feb. 8, 2017), involving approximately $1...more

Defence & Indemnity - February 2017: IV. PRACTICE ISSUES A.

IV. PRACTICE ISSUES A. The doctrine of abuse of process does not preclude re-litigation of the issue of whether or not an individual was insured in a priority dispute between insurers in the face of that individual’s having...more

Defence & Indemnity - February 2017: III. QUANTUM/DAMAGES ISSUES

A. Regarding the defence of inevitable accident due to a medical condition, certain circumstances give rise to a presumption that the defendant drove negligently and the defendant needs expert medical evidence that causally...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Fatal Flaws That Cause Automobile Accidents

Whether it is a tire that is worn and causes a vehicle to spin out of control, or a safety belt that fails to secure a passenger, faulty automotive parts can cause accidents and cost lives. Nationwide it is estimated that...more

Insurance Coverage – Exclusion for Vehicles “Normally Made Available”

Purchasing optional liability coverage for employees’ foreseeable personal use of company vehicles can prevent your employees from being financially at risk. Javier Medina v. Geico Indemnity Company ...more

“Going and Coming Rule”: Employer Not Liable For Accident Caused By Employee On Commute Home Where Employee Had Option To Take Bus...

In Gail M. Lynn, et al. v. Tatitlek Support Services, Inc., et al., 2017 WL 696008, published February 24, 2017, the California Court of Appeal, Fourth District, affirmed the trial court’s granting of summary judgment in...more

Compelled Vocational Examinations of Injured Plaintiffs are Not Permitted in California

Defendants litigating against personal injury claims in California cannot compel injured plaintiffs to submit to a vocational rehabilitation examination—even if the plaintiff has retained his or her own vocational expert to...more

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,...more

UK: A new insurance framework for driverless cars – Government Bill provides details

The Government has introduced the Vehicle Technology and Aviation Bill to Parliament, setting out in detail how the UK’s compulsory motor insurance framework will be amended to handle automated vehicles....more

Duggan’s new D-Insurance plans will be great for the auto accident lawyers, but terrible for everyone else

Does Mayor Duggan want to ‘repeal and replace’ Michigan’s auto No Fault law? Does Detroit Mayor Mike Duggan want to scrap Michigan’s auto No Fault law? Last night, during his State of the City address, the mayor...more

Avoid These Costly Mistakes When Hiring the Right Accident Lawyer

Auto accidents, by nature, are generally unplanned and unpredictable. In more serious accidents, catastrophic injuries can mean that lives are thrown into chaos. What’s more, in the days and even weeks and months following...more

The Secret To Ensuring A Fair Settlement For Your Auto Accident Injuries

Generally speaking, for a claim to be considered a personal injury claim, there must have been must have been damage to a person or their property. Personal injury claims are filed against a third party or entity, such as a...more

California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Common Causes of Workers’ Compensation Denials

Despite meritorious claims, workers are denied benefits through workers’ compensation every day. Employers and their insurance carriers have a vested interest in denying as many claims as possible to avoid having to pay large...more

Washington Weighs In On The Scope Of Insurance Regulators’ Authority

In January, we reported that California’s Supreme Court had embraced a problematic approach to the state’s Unfair Insurance Practices Act—one that allows the Commissioner of Insurance to create new statutory torts by...more

Should you file a Lawsuit in your Car Accident Case?

Woodland Hills personal injury and car accident attorney Barry P. Goldberg is asked this question all the time. The answer may surprise you: “Don’t be afraid to file a lawsuit, if necessary!” The insurers know which lawyers...more

Fatal Crashes Down Compared to 2016

Fatal car crashes are down this year compared to 2016 data, though it’s impossible to predict whether the trend will continue. 2016 saw an increase in traffic fatalities, with over 1,000 deaths in Illinois. Drivers should be...more

Not so divine intervention

The elements of delict have been the subject of much repetition when it comes to examining the claims that land on insurer's doorsteps. To such a degree that I'm convinced that it is a requirement that you should be able to...more

Indiana Applies Heightened Summary Judgment Standard In Determining Vicarious Liability For An Employee Driving A Provided Company...

For an employee, the opportunity to drive a company vehicle is certainly a job perk. For an employer, however, issuing company vehicles comes with the risk that it may be held liable for any negligence of the employee arising...more

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