Newsletters
Motor Vehicle Rules
Rules regarding the operation of motor vehicles on a state's highways are generally set forth in the state's vehicle code or transportation code. These rules often determine whether a defendant is liable for a motor vehicle accident.
Acts of God
In the context of the law, an "act of God" is an accident caused by extraordinary natural forces. An accident caused by lightning, a flood, a hurricane, or an earthquake may constitute an act of God.
Personal Injury Actions between Spouses
When spouses commit torts against each other, a cause of action may or may not be available to the injured spouse. It depends upon the jurisdiction and the type of injury.
Rules Regarding Unusual Driving Conditions
When the weather or other conditions affect a driver's view of a highway or roadway, the driver has a duty to act with reasonable care under the circumstances. In other words, the driver is required to act with the same degree of care that a reasonable person would have acted under the circumstances.
Federal Tort Claims Act -- Notice of Claim
Under the Federal Tort Claims Act (FTCA), a person who plans to file a personal injury action against the federal government must present a written "notice of claim," or "administrative claim," to the government agency that is allegedly responsible for the injury. A notice of claim is a prerequisite to a personal injury action against the federal government. If no notice of claim has been given, a court will dismiss the action.
