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What Is Motor Vehicle Law?
Motor vehicle law is a set of state statutes that govern automobile registration and ownership, taxes and fees. These laws also govern safety standards, consumer rights and product liability claims.
If you are injured in an accident caused by a negligent driver you may be able to bring a lawsuit against the person who gave him or her permission to use their vehicle. This is known as negligent entrustment.
Traffic Criminals
In the eyes of the law Certain driving actions are more than just minor violations and turn into a crime that can lead to serious fines, a loss of driving privileges and even prison time. These are known as traffic felonies.
Most states have different categories for these crimes. However, any traffic offense that causes serious bodily harm to another person or causes property damage is a felony. For instance, running the red light is an infraction, but it becomes an offense if you violate the law and crash into the vehicle and one of the passengers suffers fatal injuries as a result.
A conviction for traffic violations that are felony is more serious than a misdemeanor and will be recorded on your record. This could be detrimental when you apply for a job or rent an apartment. It can also affect your background check, since some employers require a clean criminal history before they hire you.
A criminal defense lawyer who specializes in motor vehicle law can give you more information on the consequences of a felony charge and how it affects your driving freedom in the future and the ability to get an excellent job. Consult a lawyer as soon after you've been accused of a traffic felony to guide you through the criminal procedure.
Hit and Run
The majority of people are aware that a hit-and-run accident can result in fatal injuries or even death and the media often will cover these cases. The legal definition is more expansive and can vary based on the state. Even if there are no injuries or deaths it could be deemed a hit-and-run if the offender escapes without providing insurance information and contact information.
There are a myriad of reasons for drivers to leave the scene following a collision. Some drivers might be in a panic thinking that staying on the scene could lead to arrest, especially if under the drunk or without insurance. Some, particularly drivers who are young or unfamiliar with driving, might be scared and believe that staying on the scene will result in being arrested, especially when they're under the influence or lack insurance coverage.
No driver should ever leave the scene of an accident. The criminal and civil penalties for leaving the scene of an auto accident, including suspension or revocation can be severe. The victim of a hit-and-run accident can also sue the driver at fault for damages (accident related losses) like medical expenses, lost wages, property damage, pain and suffering, etc. This is a complicated procedure that may require the assistance of an experienced motor vehicle accident lawyer.
Vehicular Assault
The use of motor vehicles as a weapon in order to hurt another person is a serious criminal offence. Victims of vehicular attacks can be seriously injured or even death. They may also be subject to jail time, fines of thousands of dollars and long-term effects on their careers and lives. If you're accused of a vehicular assault in Long Island, you need an experienced lawyer to defend your rights.
A vehicular assault is a crime that involves use of motorized vehicles to hurt anyone. This is the case with trucks, cars, and motorcycles. It also includes snowmobiles, boats and other vehicles. Many states consider it to be a crime of a felony. Some categorize it as aggravated vehicular attack and a first-degree felony with up to 25 years of jail time.
In order to be convicted of this offense, the district attorney must demonstrate that you operated the vehicle in a negligent or reckless manner and caused serious physical harm to another person. The high threshold for serious physical injuries that is required by laws governing vehicular assault does not include minor scrapes and cuts and fractured bones, and covers any permanent loss of function or organ.
The offense is deemed to be aggravated if the harm occurred to a child or someone who works in an occupation essential to public safety, or when you have a prior conviction for vehicular assault or aggravated assault on a vehicle. Additionally an offense under this law can be charged if the incident was on private roads or driveways rather than on roads in the county or state.
Negligent Driving
A person could be found negligent in the event of an accident, injury or property damage while driving a motor vehicle. Negligent driving is the failure to apply a reasonable amount of care while driving and that results in injury or harm to other motorists, passengers or pedestrians. Negligence is usually not intentional, but can be caused by an unintentional error.
To establish that a driver was negligent, an injured party must establish the existence of a legal duty; breach of that obligation; cause of injury or damage and damages. It is also important to determine the amount of the victim's losses and expenses.
A prime example of negligence in driving could be going over the speed limit when conditions require a reduction in speed like poor visibility or weather conditions. Failure to utilize turn signals is another example of negligent driving. It is also crucial to keep an appropriate distance between vehicles. A good rule of rule of thumb is to keep a vehicle or a truck in front of you for about three seconds, allowing enough time to apply the brakes and stop.
Reckless driving is motor vehicle accident attorneys salinas of negligence. Reckless driving is usually defined as a willful disregard for the safety of others, and there must be an actual injury or damage to be charged with recklessly operating motor vehicles.