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Recently, a state supreme court released answers to the certified questions posed by a lower federal court in a car accident case. The question involved the applicability of a comparative negligence defense in a crashworthiness case brought by a man who was injured in a car accident. The case stems from a 2012 accident in…

Recently, a state supreme court released an opinion in a lawsuit brought by two officers who were injured while they were in the process of helping an individual who had fallen asleep behind the wheel of a car. According to the court’s opinion, the two officers received a call about a traffic accident and…

When an individual is injured in a car accident, many people are under the impression that only the culpable driver may be sued, but that is not necessarily the case. Owners of vehicles should be aware that they may be a party to a lawsuit even if they were not the ones driving the…

Every state has a law that details the repercussions for drivers who leave the scene of an accident without rendering assistance to others involved in it. Broadly speaking, an accident is characterized as a hit-and-run if a driver is involved in an accident with an object, another driver, or pedestrian and leaves the scene…

The Supreme Court in the State of Rhode Island recently released an opinion in a lawsuit stemming from a two-vehicle crash that injured a school crossing guard. According to the court’s opinion, the plaintiff was standing at her post as a crossing guard when a car that had run a red light slammed into…

Drunk driving has long been a major problem on New Mexico roads. Despite the strict criminal sanctions that drunk drivers face, the fact remains that New Mexico is among the states with the highest death rate due to drunk driving. In hopes of curtailing the drunk-driving epidemic, one New Mexico lawmaker has proposed a…

Hit-and-runs can be some of the most devastating accidents. Often, victims are unable to get the necessary medical care in a timely manner and suffer more serious injuries as a result of this delayed response. Furthermore, even if a victim survives, they may face a series of hurdles when dealing with all of the various…

Late last year, an appellate court in New York issued a written opinion in a bicycle accident case, affirming a lower court’s decision not to apply governmental immunity. In the case, Turturro v. City of New York, the court determined that the alleged negligence was regarding a “proprietary function,” rather than a governmental one,…

One can easily imagine a world in which a defendant fearful of an upcoming lawsuit destroys internal company documents that the defendant knows may be harmful to its case. This fear of the destruction of evidence in anticipation of litigation gave rise to the doctrine of spoliation. Essentially, the doctrine of spoliation allows for a judge…

Earlier this month, an appellate court in West Virginia issued a written opinion in a personal injury case filed against the state’s department of transportation by the son of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court determined that the Department of Transportation…