Newsletters

Uninsured Motorists Insurance and Government Vehicles

After an automobile collision, many things can affect whether or not an injured person can recover his or her damages from the owner or driver of the vehicle that negligently caused his or her injuries. Among those factors is whether the vehicle was owned by a governmental entity, like a city or state. Often, governmental entities have immunity from suit by injured persons. In those cases, an injured person may seek to obtain insurance benefits under his or her insurance's uninsured motorist provision. Because the injured person is unable to sue the governmental entity, the vehicle may be considered uninsured for purposes of the insurance policy.

Violation of Traffic Laws as Proof of Negligence

In an automobile accident action against a driver for damages suffered in a car collision, the driver's violation of a traffic law can be evidence of his or her negligence. The law calls negligence based upon the violation of a specific requirement of law "negligence per se." Negligence per se means that as a matter of law negligence existed. While the violation of a traffic law is negligence as a matter of law, the violation does not mean that the driver is liable unless the negligence was the proximate cause of the plaintiff's injury. Negligence is ordinarily a question for a jury. It only becomes a question of law when a court determines that only one conclusion can reasonably be drawn from the evidence. If the violation of the traffic law is treated as negligence per se, the question of negligence will not be given to the jury.

Exclusions for Intentional Acts in Motorist Insurance

State legislatures have authorized motorist insurance companies to exclude coverage, including uninsured motorist coverage, for any damages from an intentional act in their policies. Public policy prohibits insurance coverage for intentional acts because a person should pay for his or her intentional injury to another person. Further, the courts have held that injuries caused by an intentional act are not caused by "accident."

Limit of Liability Clauses in Auto Insurance

Limit of liability clauses, otherwise called limits of liability clauses, generally provide that an insurer's total liability to a particular claimant arising out of a specific occurrence will be limited to an amount set forth in the policy, despite the specified limits of any other coverage or coverage on any other vehicle.

Transporting Hazardous Materials on Roadways

Without trucks products could not get to the neighborhood store. But traveling the roadways with the artichokes and widgets are shipments of hazardous cargo, like flammable liquids, biomedical waste, and radioactive materials. When a truck containing molasses overturns on a highway, the resulting cleanup can be sticky. When a truck containing dynamite overturns on a highway, the cleanup is very risky.