Comparative Fault in Automotive Products Liability Cases

Tort law is the branch of the legal system that deals with cases in which an individual or other legally recognized entity, such as a corporation or governmental unit, seeks to recover damages from another person for a private injury or wrong not arising out of a contractual relationship. Tort actions are often based on the concept of negligence, which the law generally defines in such a context as the failure to meet the standard of care required to avoid subjecting another to unreasonable risk of injury. Under traditional tort law principles, if the plaintiff in such a case was found to have been guilty of what is called contributory negligence, which is generally defined as a failure to use due care that contributes to the plaintiff's own injury, the plaintiff would be barred from recovering any damages from the defendant. More recently, many courts have adopted a doctrine called comparative fault or comparative negligence in deciding such cases.

Mediation of Coverage Disputes: Uninsured and Underinsured Motorist Insurance

Mediation is a form of alternative dispute resolution that can be used by an insurance company and an insured to settle a dispute between themselves regarding uninsured or underinsured motorist coverage as well as other disputes. The alternative to mediation would be a lawsuit. In mediation, a third person, who has experience with insurance disputes, meets with the insurance company and the insured to try to work out a solution on which both parties can agree.

Household/Family Members Exclusions in Motorists Insurance

Exclusions in a motorist insurance policy that deny coverage to members of an insured's family or household may or may not be valid in a particular case. Further, several factors must be considered before an injured party may be found to be a member of an insured's family or household. It is best to check current case law before accepting that these exclusions in a motorist insurance policy bar an injured person's recovery from the insured's policy.

Rights of Injured Passengers in Auto Accident Cases

Passengers injured in automobile accidents have a right to recover compensation for their losses. It does not matter whether the driver of the vehicle in which the passenger was riding or the driver of another vehicle was at fault for the accident. In fact, a number of automobile insurance policies may be available to compensate an injured passenger. Of course, under some insurance policies, the passenger may be an excluded person. For instance, an automobile insurance policy with a passenger for consideration exclusion clause would not cover the passenger, who routinely paid the driver to take the passenger on errands or to an airport.

Tort Liability for Highway Design

The system of streets and highways in the United States covers many thousands of miles of road surface constructed of various kinds of materials and designed for a variety of vehicle types and operations. The extensive use of the streets and highways inevitably results in a large number of motor vehicle accidents that annually cause thousands of deaths and personal injuries and extensive amounts of property damage. In the legal actions that follow, it is not surprising that the design and construction of the roadways on which such accidents take place should be brought into a case as possible bases for a finding of liability.