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Motor Vehicle Litigation: 10 Things I'd Like To Have Known In The Past

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Motor Vehicle Legal Terms

The laws that govern motor vehicles vary from one state to another. In general the law, it assumes that the vehicle is being operated with the permission of its owner.

The mortality rates are affected by laws that increase penalties or make revocation automatic or specifically target social hosts. All of these measures, including mandatory education, alcohol treatment and interlock devices have a slight effect.

Legal Definitions

State laws govern the legal definitions of motor vehicles. The various federal definitions used for national requirements for fuel economy and licensing standards for commercial vehicle drivers serve mostly for administrative purposes, and do not apply to states determining their own registration classifications. These vehicle registration classifications determine whether a driver must be issued a special license to operate certain kinds of vehicles.

The state laws define the terms "automobile," "light truck" and many others. For instance, the definition of light truck is all motor vehicles with a manufacturer's rated carrying capacity of less than 7,500 pounds. This excludes panel delivery trucks and pickup trucks. It also excludes any combination of vehicles that is specifically designed to carry passengers or property entirely within its own structure, like trailers and manufactured homes.

Wheel chair is a type of vehicle with wheels that is utilized by people who are physically disabled and unable to walk. A moped is an automobile with not more than three wheels on the ground and that travels at maximum speed of 35 miles per hour.

A pedal-driven vehicle, is driven by a driver who sits on top of it. The owner of an automobile is the person who is the legal owner.

Traffic Laws

Typically, each state has its own set of motor vehicle laws, which encompass everything from registration process to the insurance requirements. The statutes also cover the types of vehicles that are covered by law. While certain laws are fairly similar between states, others are quite different. For instance there are laws that limit the number of persons that can be transported in a pedicab. There are laws against reckless driving in certain types of roads, for instance, a parking lot.

Someone who operates a motor vehicle that is in violation of these laws can be fined and punished for doing so. Penalties can include having your license suspended or the requirement to take a traffic class.

One of the most important laws in a particular state regarding automobiles is that it governs the speed limits set on roadways. In New York, for example it stipulates that the speed limit for a commercial vehicle is the same as that of an automobile.

The law also defines the definition of a "motor vehicle." This includes any description of a vehicle or device that is driven by mechanical energy and used on a highway for the transportation of persons or property or for any other commercial purpose. It does not include semitrailers and trailers and coaches, house trailers or coach trailers as well as vehicles that operate upon rails or tracks snowmobiles, all-terrain and snowmobiles as well as motorized mobility aids used by people with disabilities and self-propelled corn or hay harvesting machines and tractor.

Insurance

A motor vehicle accidents insurance policy for vehicles is an agreement between the insured and the insurer which provides insurance against financial losses arising from liability for bodily injuries or death, property damage to a third party, arising out of ownership and operation, maintenance or the use of a covered automobile. It can also provide protection against physical damage to the insured vehicle. It must contain the name and address the named insured as well as the protection provided by the policy. It also includes the amount of the premium and the time frame for the period for which the policy is in effect, and the maximum amount of responsibility. It should also contain an agreement or a statement that the insurance coverage is provided in accordance with the coverage specified in respect of injuries to the body or death or property damage and is subject to all the provisions of this chapter.

The language used in a motor automobile vehicle policy can be confusing for anyone, and Duncanville law firms often recommend that individuals review the sample policy to be aware of the terms. One of the most frequently encountered areas of confusion is the definition of the term "motor vehicle." The phrase is used often in statutes governing registration of vehicles as well as financial responsibility laws.

Some examples of coverage under a motor vehicle policy include commercial automobile insurance for vehicles used in connection with business, commercial establishments, jobs, or other activities carried on for profit; automobile liability insurance that includes MP and PIP, and uninsured motorist and underinsured motorist coverage (UM/UIM). Many states require drivers to have this kind of insurance.

Permissive Use

If someone other than the named insured or family member is driving your car and gets involved in an accident, it is important to understand how insurance coverage works in these instances. This is known as permissive utilization. The specific terms of your insurance policy might vary, but most large automobile insurers provide this kind of coverage.

However, it is important to remember that the person driving your vehicle must have your permission in order for you to be held liable for any damage. Permission may be either implied or explicit but does not necessarily need to be in writing.

In determining whether there is implied permission, courts consider the relationship between the two parties; their previous conduct and the use of the vehicle; and the circumstances surrounding the specific driving event that is in question. A court will also consider whether any restrictions were imposed on the permissive usage and if slight deviation from the date, time, and location limitations of the initial permission would be in violation of these restrictions.

Remember that adding an additional driver to your insurance policy is likely to increase your premium, because the vehicle becomes more difficult to cover. Therefore, it is important to be aware of your options before lending your vehicle out to others. If you're not sure whether to add someone to your policy or not, call Jerry to discuss the specifics of your insurance policy and receive a no-cost quote.

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