A mention of the topic of auto insurance generally brings to mind the myriad policies that cover the individual owners and drivers and individual cars and trucks that operate every day on the streets and highways of the United States. In many cases, though, fleets of greater or lesser numbers of vehicles owned by a single entity and operated by many different individuals are sent out on the roads in order to carry out the business of their owners. The existence of such fleets creates unique issues in the area of motor vehicle insurance.
The frequency of occurrence of vehicular accidents and various kinds of mechanical breakdowns that cause the disablement of cars and trucks on the streets and roads of the United States necessarily results in an extensive use of tow trucks to assist in the resolution of such situations and the removal of affected vehicles from the scenes of such accidents and breakdowns. The operations of tow trucks, and the variety of risks involved in their use, create a number of unique concerns in the area of motor vehicle insurance.
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.
While statistics on the deaths and personal injuries caused by motor vehicle accidents are understandably the most vivid and immediate reminders of the societal costs incident to the extensive use of cars and trucks in the United States, property damage resulting from vehicular accidents in this country has its own significant economic impact. Motor vehicle insurance policies accordingly contain numerous provisions dealing with various kinds of property damage and loss.
Mass transit vehicles such as buses play an important role in carrying out the necessary activity of enabling the residents of the United States to conduct their public and private business. The sheer volume of human activity involved in mass transit operations, and the number and types of vehicles employed in mass transit around the country, create numerous issues related to the motor vehicle insurance aspects of the mass transit business.
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ] [ Bookmark Us ]