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Motor Vehicle Accidents Archives

Is a blow to the head in a car accident really dangerous?

When you are involved in a car accident, you may not immediately register just how violent such an accident really is, especially if you only received a blow to the head and no other visible injuries.

The importance of exploring regulatory noncompliance in truck accident cases, P.2

In our previous post, we pointed out that the trucking industry is heavily regulated. One set of truck safety regulations that has received a great deal of attention in recent years is the hours of service rules. These rules are intended to address the problem of truck driver fatigue. Although driver fatigue is not exclusively a problem among truck drivers, it is a particular concern in the trucking industry due to the long hours trucker drivers spend on the road and the pressure to maximize productivity.

The importance of exploring regulatory noncompliance in truck accident cases, P.1

In any personal injury case, the plaintiff is required to present sufficient evidence to prove each element of the claim against the defendant and to support damages sought in the claim. Personal injury or wrongful death claims based on allegations of negligence generally require proof of four elements: legal duty; breach of legal duty; causation; and harm. Essentially, the plaintiff has to show that the defendant failed to abide by his or her legal obligations and thereby caused harm to the plaintiff.

Are government crash reports admissible as evidence in personal injury litigation? P.2

Previously, we began looking at the use of government accident reports in personal injury litigation. As we’ve noted, government accident reports can have value for plaintiffs in personal injury or wrongful death litigation, but the issue of admissibility needs to be adequately addressed. Not everything written in government accident reports is necessarily admissible at trial.

Are government crash reports admissible as evidence in personal injury litigation?

In our last post, we mentioned a recently released NTSB report which provided numerous details about a crash out in Florida last year involving a Tesla Model S. As we noted, the report shows that the driver was found to have ignored warnings provided by the Autopilot system, but the NTSB provided no definitive conclusion about what actually caused the crash.

New report looks at the details of Tesla Model S crash

A government report concerning a high-profile accident that occurred last year in Florida was just released, providing new information about the accident but without coming to any definitive conclusions. The report, which was released by the National Transportation Safety Board, concerns a fatal crash involving a collision between a Tesla Model S and a large truck.

Motor vehicle automation and the issue of liability, P.2

In our last post, we began discussing the need to address the issue of liability in light of increasing motor vehicle automation, and the advisory guidance released last year by the National Highway Traffic Safety Administration. As we noted, the agency’s guidance leaves a number of regulatory matters squarely in the hands of the states, including automobile insurance regulation and liability, but a more defined approach to regulation has yet to be implemented at both the state and federal level.

Motor vehicle automation and the issue of liability, P.1

Previously, we looked briefly at the push to include automatic braking technology in new models of motor vehicles, and the promise this technology holds with respect to improving highway safety. This is true, of course, of automatic driving technology in general. The effort to make these technologies more available on the mass market is largely driven by the desire to cut out human error and thereby reduce motor vehicle accidents.

Automatic braking technology holds promise, but may also present liability issues

Automatic driving technologies, and automated driving in general, is an important emerging issue in the world of automobile manufacturing. The promise of increasing highway safety through use of this technology is great, but the regulatory structure surrounding automatic driving technologies is still developing.

Making use of police crash reports in personal injury litigation

Previously, we began looking at a recent National Safety Council report on the deficiencies in gathering of crash data during law enforcement investigations. As we noted, the report made several recommendations for states to improve their investigation procedures. These include taking an investigatory approach to data gathering, updating forms more frequently to ensure emerging crash factors are recorded, gathering information recorded electronically, and using electronic crash reporting.

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