21

You can start here, with the attractive nuisance doctrine, which is aimed at children and the fact that they don't have adult common sense. The extent to which you are at risk depends on your jurisdiction. However, a fence does not necessarily protect you, because children can find a way to get around a fence, instead you need to eliminate the risk (so you ...


7

Does he die from the poison or from the head injury? If it's from the poison, yes, Alice is guilty of murder. If it's from the head injury, Alice is guilty of attempted murder. If Bob dies from a combination of the head injury and the poison, Alice is likely guilty of murder. The general common law rule is that when there are two causes of death, liability ...


7

In principle, police are liable for the safety of anyone they detain. If an officer creates a hazardous condition, as was described in this scenario, he or his agency (which effectively means the taxpayers who fund his agency) can be held liable for damages resulting from that action. (Whether it is the officer or instead the taxpayers who get stuck with ...


6

No, you cannot sue the expert for his errors. You can sue the insurance company for failing to pay out per the insurance contract. They will then introduce the expert's report as evidence, and you will contradict it with the following evidence: your two witnesses your testimony that the other driver admitted responsibility (this is normally an exception ...


5

An insurer can’t find anyone at fault An insurance company cannot find you or anyone else at fault - they don't have the power. They are alleging that you are at fault and, presumably, demanding damages. Whether you are at fault or not is a matter for you to concede (by paying them) or a court to determine based on the evidence when they sue you (or you sue ...


5

Are you at fault for the fact that Car C read ended you? Close call. A jury could go either way. Can this accident which is now appearing on your insurance be disputed as Car A did not report anything? Essentially I'm just wondering what the odds are that this can removed from Car A's record. I think that it is unlikely that the situation you ...


5

As far as I know, every jurisdiction in America limits perjury to cases of lying under oath. Because it seems unlikely that the driver would be under oath at this point, you would probably lack probable cause to make an arrest. At the same time, many states have separate laws addressing the making of false reports, lying to an officer, etc. I'd imagine ...


5

Short answer The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly likely be resolved and would reduce the economic value of your case by a substantial percentage, perhaps cutting it in half or more. Your instincts towards the ...


4

He is mistaken. The statute of limitations for suing someone for a car accident, and for enforcing an oral promise, are both far longer than 3-4 months. You could get an estimate of the damages, report it to his insurance company, and, if the insurance company does not cooperate promptly, bring suit in a court of limited jurisdiction or a small claims ...


4

Almost everywhere, in any circumstances, it is the driver's responsibility to operate their vehicle so as not to get in an accident. When two drivers collide, responsibility can be divided among them depending on the details. However, when a driver hits a stopped object (including another vehicle), it is always the driver's fault for not operating his ...


4

You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is much the same as if the other person is uninsured or under insured. Your p[olicy must cover things. And your policy has a deductible. So you have to pay the ...


3

Comprehensive insurance is generally there to cover repair / replacement for vehicle theft or non-collision damage. There is, additionally, collision insurance which covers losses arising from a collision. The vehicle is what is covered, and not the contents. If you have Valuable Personal Property protection, that may cover the cost of the cell phone.


3

From Rule 170 of the Highway Code: watch out for pedestrians crossing a road into which you are turning. If they have started to cross they have priority, so give way If this was indeed the case, then it suggests that the OP had right of way, and the driver was at fault. In any case, the driver should have indicated before turning.


3

What is going to happen, could I get fined, placed in jail etc? Your summons should have explained the specific violation you're being charged with, and you could look up the relevant sections of the law. Assault is defined in Chapter 12 of the New Jersey Code of Criminal Justice. There are several types, and again, your summons should explain which one ...


3

You say the vehicle you hit was stopped "for doing some roadwork"; I assume, therefore, it was a highway maintenance vehicle. Georgia's Move Over Law states, in part: (b) The operator of a motor vehicle approaching a stationary towing or recovery vehicle or a stationary highway maintenance vehicle that is displaying flashing yellow, amber, or red ...


3

Short Answer No. You can't charge someone with perjury at a traffic stop. Long Answer Perjury is a criminal offense, not a claim that can be brought by a private individual in a civil action. Prosecutors charge people with perjury and other crimes if they find that there is probable cause to do so. Perjury consists of lying about a material matter under oath ...


3

I think this is a reference to Section 14-224: (a) Each operator of a motor vehicle who is knowingly involved in an accident which results in the death of any other person shall at once stop and render such assistance as may be needed and shall give such operator’s name, address and operator’s license number and registration number to any officer or ...


2

The general principle regarding liability is that you are responsible for the damages that you caused. If you smack a car and caused $100 dollars of damage, that is what you owe. If, previously, someone else smacked the car and caused $1,000 worth of damage, they are liable to that extent – and not the sum of the two amounts. Liability does not transfer to "...


2

There's practically no possibility for perjury charges in the setting you describe. If anything, the driver at fault was exercising his or her constitutional right against self-incrimination (Fifth Amendment). Loud refutations to another driver or to an officer are not recognized as proof of guilt (nor as consciousness thereof). Only if things get out of ...


2

Yes you can file a lawsuit Since it is your mother that suffered the damage it is she who would have to sue. She would have to provide evidence of the damage she suffered: presumably the difference between what she got paid for the damaged car compared to what she hypothetically would have been paid for the undamaged car. That's where it gets tricky - ...


2

It's down to the individual policy what they cover but most will generally exclude (emphasis mine): Radios, CD players, navigation systems, and other equipment not permanently installed in your car Source


2

The at fault driver (in a state that is not a "no fault" state) has a legal obligation to pay all of your medical bills and all other economic and non-economic harm to you caused by the accident in which the other driver is at fault (without regard to whether you paid it out of your own pocket, or your insurance company or other third party did). This right ...


1

Mens rea is a concept that is one of many elements that must be proved for particular crimes and torts. The mens rea necessary for one offense and the mens rea necessary for another offense are often different. For example, the mens rea requirement for murder and the mens rea necessary to whole someone liable for wrongful death in tort, are different. If ...


1

Most car insurance claims never go to litigation. You file a claim, tell the insurance company what your damages were, and they pay. That's what will happen if the amount you claim is low, because fighting a claim costs the insurance money. You don't need a lawyer to file the claim. All you have to do is write down the claims. If you hire a lawyer to do ...


1

The type of claim that would be brought in such a case would be under the Occupiers’ Liability Act 1957. The volenti defence is spelled out in the 1957 Act at s2(5): The common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor (the question whether a risk was so accepted to ...


1

You have a contract with your employer's medical insurance, whereby they will cover your expenses from this accident; following the most likely terms of that agreement, you have to cooperate so that they can get money from the other involved parties (the drivers). Since the other drivers have insurance agreements as well, rather that your insurance company ...


1

You must file a report if there was any injury, or property damage over $1,000. Here is the form. The officers giving advice may have different views of the level of property damage.


1

Insurance company did not pay a dime of her suffering and medical bills. They paid for her car. This is normal. Car insurance usually protects you from the other person's lawsuits, rather than protecting you from your own injuries. Her health care bills would be covered by health insurance if she has any, which may be complicated by the fact that someone ...


1

Your personal liability depends on your state law regarding the family car doctrine, so the answer there is "maybe" (Texas is not a state with that doctrine, so simple ownership of the car does not confer liability). You would be liable if your supervision of the child was negligent, which means approximately that you knew or should have known that she was a ...


1

You'd be responsible for the damage you caused. Sometimes the damage is worse than it usually would be in similar situations - as in your example, where hitting a car might have caused much more damage than usual to a passenger, because that passenger was injured earlier. But still, you caused the damage, you (or your insurance) have to pay for it. Even in ...


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