As reported by American Association for Justice (AAJ): In a ruling with wide implications for federal preemption and vicarious liability, the U.S. District Court for the Southern District of Florida on September 14 declared the Graves Amendment unconstitutional. That amendment had given immunity to automobile rental agencies for harm caused by their vehicles (Vanguard Car Rental v. Huchon, Case...
Authored by: John M. CooperAs a personal injury attorney practicing in Hampton Roads, Virginia (VA), I am all too aware of the special rules that apply to injuries caused by a city employee. Under some circumstances a city employee can be held responsible for bad driving or other negligence, but sometimes a special law called sovereign immunity prevents the injured person from making a claim...
Single Vehicle Wreck - Passenger Claims Against Driver's Liability & U/UIM InsuranceAlaska State Troopers report that there was a single vehicle / moose wreck at miles 344.5 of the Richardson Highway on Thursday. Matthew Morgan, 24 was apparently driving. His passenger was Raeleen Morgan - who was injured in the wreck. Both were wearing seatbelts. They were traveling north in a 2004 Chrysler...
When a drunk driver causes an injury in the state of California like Herondina Pinherosias is accused of doing to Clement Cope yesterday afternoon in the Sonora area on Highway 120, the Civil Justice System enables a jury to punish the drunk driver by including money in their verdict for punitive damages. The purpose of these damages is to send a message to the driver that their conduct is so...
The tragic death of a 14-year-old boy who was struck by at least one automobile while trying to cross Hammer Lane just east of West Lane late Monday afternoon emphasizes the need for safety training. Both bicyclists and motorists need to be trained to be on the alert for situations that may place them in harms way. In this case, Hammer Lane is a major thoroughfare that spans six lanes in some...
A Wake County jury returned a verdict in the amount of $6million for a Massachusetts truck driver who was injured in a collision in Wake County.The injured truck driver will need assistance for the rest of his life after suffering a closed-head injury in a head-on collision.The trial court denied the defendant's motion to set aside the defendant's verdict and held that the verdict was not...
The National Highway Traffic Safety Administration's (NHTSA) Office of Defects Investigation has recalled 1.2 million child seats made by the Dorel Juvenile Group because of the serious injury risk they could pose to children involved in an auto accident. The child harnesses in question were made from November 2003 to December 2005. The NHTSA says the harness strap may become loose and so a...
A car accident, Tuesday, along West Hillsborough Avenue in Tampa, sent one car crashing into a building and another into a Hillsborough River.A man, 24, was driving a 1996 Nissan Sentra with two occupants when it was seen sharply changing lanes prior to rear-ending a 1998 Mercedes SUV, according to Tampa Police.The crash sent the SUV spinning off the road and through a wood fence. It came to...
A 20-year-old motorcyclist died early Saturday morning in San Marcos at the intersection of East Mission Road and Mulberry Drive. Motorcycle rider fatalities have been on the rise since 1997. A report card issued by the National Highway Traffic Safety Administration for 2004 states that 4008 motorcyclists died in 2004 and 76,000 were injured.A 20-year-old motorcyclist died early Saturday...
On Friday evening two 13-year old girls were hit while riding bikes on Machias Cutoff in Lake Stevens. The girls were riding on the shoulder when a car suddenly veered onto the shoulder, collided with the two girls and then struck a power pole. The driver was reportedly distracted by the dog riding in the vehicle, which caused her to take her eyes off the road and drive onto the shoulder and...
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