Many people, as well as attorneys, regard auto accident litigation as a simple, open and shut type of case. In some circumstances, that may be true. In cases involving considerable injuries with questionable insurance coverage limits on the other vehicle, it, however, becomes much more.
Texas Auto Accident Lawyer - Exceptional Circumstances: Leased cars or will the real owner stand up?
Did you know that, in several states, not only is the operator of the at-fault vehicle accountable to anyone injured in an auto accident, but the owner of the vehicle is responsible, as well? "Vicarious responsibility" is the term frequently used, meaning the title-holder is responsible for the carelessness of an operator, when that operation occurs with the permission of the owner.
"Vicarious responsibility" is grounded in terms of "statutory liability," when the law of the state specifies that the owner is responsible, or in "common law liability," when the case law in that state deems that the owner is liable.
This is particularly important when the vehicle at fault is leased.
These days, with a great number of cars and trucks on the road being driven on a lease basis, it is critical to appoint an experienced Texas auto accident attorney to go beyond the name on the registration to find out the precise owner of the vehicle. The fact is, that when a vehicle is leased from a big car company, the registration will simply display the name of the user of the vehicle, the lessee. Then again, the actual owner of the vehicle, the lessor, is typically a major corporation with unlimited insurance coverage.
Texas Auto Accident Lawyer - Exceptional Circumstances: Business vehicles
In today's business atmosphere, the world is a 24-hour whirlwind. People are functioning all hours of the day and night, and are often on the road. Although companies often place their names in bold letters on their company vehicles. When automobile accident occurs in Texas, many times there is no suggestion that the vehicle was being utilized for business reasons. In fact, it may appear to the casual spectator that the vehicle was not being used for business at the time. The only way to discover if the vehicle was being used for business is by way of a thorough investigation.
If an employee is operating a vehicle in the course of his or her employment, then the employer may be "vicariously responsible" for the negligence of their employee in driving that vehicle. It is probable that the employer has additional liability coverage far beyond that of the driver. An "excess" insurance policy may also exist.
Texas Auto Accident Lawyer - Exceptional Circumstances: Defects
In far too many cases, one of the reasons for an automobile accident may be the improper design, maintenance, construction, signage, lighting or other highway defect. Liability may also be based on inadequate striping on the road's passing lanes, a hill that impairs driver visibility, a sharp obstacle or problem with the roadway that hinders the drivers' vision. Trees and utility poles can also cause problems when planted or established too close to the roadway.
Texas Auto Accident Lawyer - Exceptional Circumstances: The Seatbelt Defense
Seatbelts serve as a valuable function and do avert serious injuries or death to people involved in automobile accidents. This is particularly true when used with airbags or other restraining devices. However, seatbelts and airbags are not guarantees that you will not be killed or injured in a serious collision.
The seatbelt defense, often used by attorneys defending at-fault drivers, seeks to confirm that some, or all, of the plaintiff's injuries were triggered by the failure to wear a seatbelt. However, seatbelts and airbags can fail or cause injury in and of themselves.
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