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Strict Liability

“Strict liability” usually is applied only to situations that are extraordinarily dangerous and that pose a great likelihood of harm, particularly when something goes wrong. Unlike negligence and intentional misconduct, which look at the conduct and mental state of...

What If the Driver Is Not the Owner?

Does the insurance follow the car or does it follow the driver? This issue is important when there is an accident in determining which insurance policy will pay for the liability of the driver who is at fault if the driver is not driving his or her own car. Different...

Infliction of Emotional Stress

Suppose you are looking out your window, watching your five-year-old daughter, Louise, playing on the lawn. Suddenly, a car screeches around the corner, jumps the curb, and runs over Louise, seriously injuring her. The shock of seeing your daughter run over is more...

Whiplash

You may list whiplash among your accident symptoms. At the moment of impact, your sometimes receive many physical traumas simultaneously. Whiplash is almost inevitable. Key points of whiplash: Whiplash is a common occurrence in auto accident and much more complicated...

Seatbelt and Airbag Injuries

Seatbelts and airbags provide increased safety and reduce the risk of injury. Sometimes they increase your trauma by making you feel trapped or even sometimes by inflicting injury. Think about your accident for a moment. Remember the feeling of the seatbelts around...

Children and the Elderly

The standard of conduct expected of a child is measured by what a reasonably careful child of like age, intelligence, and experience would have done under the same circumstances, not by what an adult would have done. A 2-year old child may not realize the danger of...

Collision and Comprehensive Coverage

Collision and comprehensive coverage is not usually required by law but is generally a good thing to have, unless your car isn’t worth much. Your insurance agent will probably offer collision and comprehensive insurance with different amounts that are designated...

Negligence

The most common tort is the tort of negligence. Negligence can be defined simply as carelessness: failing to pay sufficient attention under the circumstance. Some everyday examples of negligence include automobile accidents caused by speeding, disobeying traffic signs...