• Home
  • About Me
  • Disclaimer

The Researching Paralegal

~ Articles and Research for Legal Professionals

The Researching Paralegal

Category Archives: Motor Vehicle

How The FAST Act Will Affect Tire Manufacturers and Retailers.

20 Sunday Dec 2015

Posted by Celia C. Elwell, RP in Motor Vehicle, Product Liability

≈ Comments Off on How The FAST Act Will Affect Tire Manufacturers and Retailers.

Tags

Fixing America’s Surface Transportation (FAST) Act, Product Liability Advocate Blog, Robert D. Sullivan Jr.

Fixing America’s Surface Transportation (FAST) Act Could Spell Trouble for Tire Manufacturers, Distributors and Retailers, by Robert D. Sullivan, Jr., Product Liability Advocate Blog

perma.cc/9YLE-87Z3

On December 4, 2015, President Obama signed into law a massive (1,300-page) five-year, $281 billion transportation bill that not only covers highway, transit and rail project funding but also includes the following important provisions regarding tires:

Tire retailers will be required to register tires at the time of purchase. This means customer-contact information will be obtained and stored electronically when a customer buys tires, which will facilitate recalls. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Defendant in Motor Vehicle Accident Files Motion In Limine to Exclude BAC Evidence – Nice Try.

18 Wednesday Mar 2015

Posted by Celia C. Elwell, RP in Admissibility, Evidence, Expert Witness Report, Expert Witnesses, Forensic Evidence, Litigation, Motion in Limine, Motions in Limine, Motor Vehicle

≈ Comments Off on Defendant in Motor Vehicle Accident Files Motion In Limine to Exclude BAC Evidence – Nice Try.

Tags

Autopsy Report, BAC Evidence, Daniel E. Cummins, Motion in Limine, Motor Vehicle Accident, TortTalk Blog

Admissibility of BAC Evidence Requires Proof of Intoxication, by Daniel E. Cummins, TortTalk Blog

http://www.torttalk.com/2015/03/admissibility-of-bac-evidence-requires.html

(Please contact Daniel Cummins at dancummins@comcast.net if you wish to review a copy of this opinion.)

In his recent February 9, 2015 Opinion in the case of Ritter v. Van Campen Motors, Inc., No. 12-00,379 (C.P. Lycoming Co. Feb. 9, 2015 Anderson, J.), Judge Dudley M. Anderson addressed Motions in Limine pertaining to DUI evidence filed by a Defendant in a motor vehicle accident case.

According to the Opinion, this matter involved a motor vehicle accident during which each party claimed that the other driver crossed the centerline resulting in the fatal accident. Accident reconstruction experts offered by each party came to opposite conclusions.

The Defendant filed a Motion In Limine to preclude evidence that the Defendant driver had a BAC of .257 at the time of the accident as confirmed by an autopsy report, testimony that the Defendant had been drinking prior to driving that day, and evidence that there was beer in the Defendant’s vehicle at the time of the accident. The Defendant contended that the BAC evidence was inadmissible absent proof of intoxication. . . .

Continue reading →

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Seat Belt Use Evidence Now Admissible In Texas.

19 Thursday Feb 2015

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Damages, Discovery, Evidence, Motor Vehicle, Negligence, Personal Injury, Product Liability, Relevance, Torts, Wrongful Death

≈ Comments Off on Seat Belt Use Evidence Now Admissible In Texas.

Tags

Comparative Negligence, Contributory Negligence, Damages, Personal Injury, Product Liability, Seat Belts, Texas

TX: Evidence of Seat Belt Non-Use is Admissible to Apportion Responsibility, by Christopher J. Robinette, Torts Prof Blog (with hat tip to Jill Lens (Baylor)!)

http://tinyurl.com/kmbeph9

For years, evidence of seat belt use was prohibited at trial. The Texas Supreme Court changed that rule of law with this case. This ruling will have a major impact on this area of the law. -CCE

The Texas Supreme Court case, which was announced on Friday, is Nabors Wells Services, Ltd. v. Romero. The case (pdf) is here:  Download TX Sup Ct = Seat Belt Admiss  From the opinion:

We hold relevant evidence of use or nonuse of seat belts, and relevant evidence of a plaintiff’s pre-occurrence, injury-causing conduct generally, is admissible for the purpose of apportioning responsibility under our proportionate-responsibility statute, provided that the plaintiff’s conduct caused or was a cause of his damages.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Problems With Automobile Security and Privacy Vulnerabilities.

11 Wednesday Feb 2015

Posted by Celia C. Elwell, RP in Cybersecurity, Litigation, Motor Vehicle, Product Liability

≈ Comments Off on Problems With Automobile Security and Privacy Vulnerabilities.

Tags

Automobile Manufacturers, Cyber Attacks, Hacking, Motor Vehicles, Privacy, Security, Technology, Tracking

Markey Report Reveals Automobile Security and Privacy Vulnerabilities, by Sabrina I. Pacifici, BeSpacific Blog

http://www.bespacific.com/markey-report-reveals-automobile-security-privacy-vulnerabilities/

‘New standards are needed to plug security and privacy gaps in our cars and trucks, according to a report released today by Senator Edward J. Markey (D-Mass.). The report, called Tracking & Hacking: Security & Privacy Gaps Put American Drivers at Risk and first reported on by CBS News’ 60 Minutes, reveals how sixteen major automobile manufacturers responded to questions from Senator Markey in 2014 about how vehicles may be vulnerable to hackers, and how driver information is collected and protected. The responses from the automobile manufacturers show a vehicle fleet that has fully adopted wireless technologies like Bluetooth and even wireless Internet access, but has not addressed the real possibilities of hacker infiltration into vehicle systems. The report also details the widespread collection of driver and vehicle information, without privacy protections for how that information is shared and used. ‘Drivers have come to rely on these new technologies, but unfortunately the automakers haven’t done their part to protect us from cyber-attacks or privacy invasions. Even as we are more connected than ever in our cars and trucks, our technology systems and data security remain largely unprotected,’ said Senator Markey, a member of the Commerce, Science and Transportation Committee. ‘We need to work with the industry and cyber-security experts to establish clear rules of the road to ensure the safety and privacy of 21st-century American drivers.’ Senator Markey posed his questions after studies showed how hackers can get into the controls of some popular vehicles, causing them to suddenly accelerate, turn, kill the brakes, activate the horn, control the headlights, and modify the speedometer and gas gauge readings. Additional concerns came from the rise of navigation and other features that record and send location or driving history information. Senator Markey wanted to know what automobile manufacturers are doing to address these issues and protect drivers.’

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Are Cars Safer Now? Unfortunately, Not So Much.

31 Friday Oct 2014

Posted by Celia C. Elwell, RP in Class Actions, Damages, Litigation, Motor Vehicle, Personal Injury, Product Liability, Torts

≈ Comments Off on Are Cars Safer Now? Unfortunately, Not So Much.

Tags

Air Bags, Auto Safety, Car Accident, Guardrails, Honda, Product Liability, Product Recall, Shrapnel, The Pop Tort.com, Toyota, Trinity Industries

The Latest Innovations in Auto Safety: Shrapnel and Harpoons, The Pop Tort.com

http://tinyurl.com/qglxdom

Since when did cars become war zones?

Of course they used to be. Back in the 1950s and 1960s when, during car crashes, ‘Drivers were impaled on rigid steering wheel columns.… Unpadded dashboards and the sharp edges and ashtrays gouged out eyes’ and cars ‘crumpled like a Japanese lantern’ in rollover accidents.  But all that changed when eventually, the auto industry decided that safety ‘sold’ and cars became safer.

But if we’ve learned one thing over the last few years, it’s that with every new safety innovation comes a new opportunity to cut corners.

First to today’s lead story in the New York Times, a tabloid-sounding article called ‘It Looked Like a Stabbing, but Takata Air Bag Was the Killer.’

Hien Tran lay dying in intensive care this month after a car accident, as detectives searched for clues about the apparent stab wounds in her neck.…

When Ms. Tran crashed her car, the air bag, instead of protecting her, appeared to have exploded and sent shrapnel flying into her neck, the Orange County sheriff’s office said. On Monday, in an unusual warning, federal safety regulators urged the owners of more than five million vehicles to ‘act immediately’ to get the air bags fixed.…

But the urgent request was bound to create confusion among owners. Honda said it did not have enough parts to fix the cars immediately. Toyota said it would in some cases disable the air bags, leaving a note not to ride in the front passenger seat.

They’re kidding, right? . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

How To Draft Interrogatories.

17 Tuesday Jun 2014

Posted by Celia C. Elwell, RP in Discovery, Insurance Defense, Interrogatories, Litigation, Motor Vehicle, Negligence, Personal Injury, Product Liability

≈ Comments Off on How To Draft Interrogatories.

Tags

(Lady) Legal Writer, Discovery, Interrogatories, Megan E. Boyd

Drafting Interrogatories, by Megan E. Boyd, Lady (Legal) Writer

http://tinyurl.com/lx5y8ql

There are five types of discovery. Each has its own strength and weakness. Knowing when, and how, to use each effectively narrows the issues of the case and may even provide sufficient evidence for a successful summary judgment motion. This post discusses one of the most common and useful forms of discovery – interrogatories. -CCE

Interrogatories (a fancy name for a list of questions) are sent as part of the discovery process in litigation and allow parties to gain information relevant to the litigation. Many attorneys send interrogatories before they engage in other types of discovery, such as depositions, because interrogatory responses often help an attorney narrow down the types of questions the attorney will ask during a deposition. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Vehicular Black Box Is Admissible Evidence To Prove Speed.

11 Wednesday Jun 2014

Posted by Celia C. Elwell, RP in Admissibility, Authentication, Evidence, Forensic Evidence, Litigation, Motor Vehicle, Trial Tips and Techniques

≈ Comments Off on Vehicular Black Box Is Admissible Evidence To Prove Speed.

Tags

Admissible Evidence, Colin Miller, Event Data Recorder, EvidenceProf Blog, Litigation, Trial Tips & Techniques, Vehicle Accident, Vehicular Black Blox

Vehicular Black Box: Superior Court of Pennsylvania Finds Event Data Recorder Evidence Admissible to Prove Speed, by Evidence ProfBlogger, edited by Colin Miller, EvidenceProf Blog

http://tinyurl.com/n6p96kp

Until reading this article from the Pittsburgh Post-Gazette, I wasn’t aware that a vehicle has an ‘event data recorder’ akin to an airplane’s ‘black box.’  And now, according to the Superior Court of Pennsylvania in Commonwealth v. Safka, such evidence is admissible to determine a car’s speed at the time of an accident. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Keeping Medical Records Costs Down.

16 Wednesday Apr 2014

Posted by Celia C. Elwell, RP in HITECH Act, Litigation, Medical Records, Motor Vehicle, Negligence, Personal Injury, Product Liability, Torts, Wrongful Death

≈ Comments Off on Keeping Medical Records Costs Down.

Tags

Doctors, Health Care Provider, Hospitals, Litigation and Trial Blog, Max Kennerly, Medical Records, Patient's Rights

Defeating The Medical Records Paper Copy Scam, by Max Kennerly, Esq., Litigation and Trial Blog (with hat tip to Evan Schaeffer, The Trial Practice Tips Blog!)

http://tinyurl.com/mmpm4sy

Mr. Kennerly explains why obtaining medical records need not be expensive, and provides a sample letter with citation to legal authority. -CCE

Hardly a day goes by without a letter from my office either requesting medical records or paying for them. Some days, I sign more than a dozen. It’s perhaps the most common thread among all my cases: the vast majority of my clients have been physically injured in one way or another, and at a bare minimum, I need the records from their doctors and hospitals to show the diagnoses they have and the treatment they have received.

Every patient has a right to receive their medical records, and by law should be able to obtain those records promptly at no markup, with no padded fees, and no unnecessary charges from the hospital or the records company. But if there’s money to be made, someone will try to make it, and over the past decade a whole cottage industry has developed around the “business” of trying to cheat patients trying to get their medical records. Sometimes health care providers outsource this ‘business’ to third-party companies, and sometimes the hospitals and health systems play the con game themselves. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

How To – Investigating Traffic Accidents.

22 Saturday Mar 2014

Posted by Celia C. Elwell, RP in Damages, Evidence, Forensic Evidence, Litigation, Motor Vehicle, Personal Injury, Product Liability, Uninsured Motorist

≈ Comments Off on How To – Investigating Traffic Accidents.

Tags

Car Accident, Dick Warrington, Documentation, Evidence, Evidence Collection, Fender Bender, Forensic Evidence, Forensic Magazine, High Speed Chase, Personal Injury, Product Liability, Traffic Accidents

Evidence Collection in a Traffic Investigation, by Dick Warrington, Forensic Magazine

http://tinyurl.com/nko5m2s

This post is an excerpt from Mr. Warrington’s post, Investigating the Fender Bender (http://tinyurl.com/o979zk5). I recommend it, and the links to more information on this subject that you will find at the end of the post. -CCE

Most of the time traffic accidents are fairly standard—the typical fender bender where one person runs into another. The officer on duty responds, assesses the situation, and completes the proper paperwork. But sometimes officers deal with much more serious, complex situations. Dealing with a hundred car pile-up, for example, is quite challenging, since it’s like carrying out multiple investigations simultaneously. When responding to multiple car accidents, hit and runs, fatalities, and high speed chases, officers can benefit by calling in Crime Scene Officers to assist with the investigation.

Because this type of case usually involves extensive damage to property, serious injuries, and/or fatalities, lawsuits will likely result. Questions of liability, product failure, etc. will also come up. Given these facts, it’s important to work together to conduct a thorough investigation. Since the CSO’s responsibilities include documentation, evidence identification, and evidence collection, we’ll look at each of those areas. . . .

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

More On Why Lawsuits Are So Expensive.

22 Saturday Feb 2014

Posted by Celia C. Elwell, RP in Cross-Examination, Damages, Exhibits, Experts, Litigation, Motor Vehicle, Personal Injury, Plaintiff's Counsel, Product Liability, Trial Tips and Techniques, Video Deposition, Witnesses

≈ Comments Off on More On Why Lawsuits Are So Expensive.

Tags

Accident Reconstructionist, Cross-Examination, Daubert Rule, Engineer, Expert Witness, Filing Fees, Personal Injury, Product Liability, Video Deposition

Why Lawsuits Are So Expensive, Pt. II, by Gregory H. Haubrich, Foshee & Yafee, Butter’s Blog

http://greghaubrich.com/2014/02/13/why-lawsuits-are-so-expensive-pt-ii/

In my previous edition of Butter’s Blog, Part I explored why lawsuits are so expensive. In Part II, we are going to break down the costs of getting your case to trial. To get a rough estimate of what your law firm may spend handling the case,  we must first look at what kind of case it is.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...

Changes Expected This Year in Pennsylvania Civil Litigation.

05 Sunday Jan 2014

Posted by Celia C. Elwell, RP in Construction, Expert Witness, Legal Technology, Litigation, Medical Malpractice, Motor Vehicle, Product Liability, Technology, Trial Tips and Techniques

≈ Comments Off on Changes Expected This Year in Pennsylvania Civil Litigation.

Tags

Civil Litigation, Construction Litigation, Daniel E. Cummins, Expert Witness Discovery, Legal Technology, Massachusetts Supreme Court, Medical Malpractice, Motor Vehicle, Pennsylvania Law Weekly, Product Liability Litigation, TORT TALK

Changes Anticipated for Pa. Civil Litigation Jurisprudence in 2014, by Daniel E. Cummins, TORT TALK, republished from Pennsylvania Law Weekly

http://www.torttalk.com/2014/01/article-changes-anticipated-for-pa.html

Currently, there are a number of important civil litigation issues pending before the Pennsylvania appellate courts, the results of which could significantly impact the way litigators practice in the years ahead. Moreover, notable changes over the past year in Pennsylvania statutory law, as well as the Rules of Professional Responsibility, are expected to have a significant impact.

Share this:

  • Print
  • Tweet
  • Email
  • Share on Tumblr
  • Pocket
  • More
  • Telegram

Like this:

Like Loading...
Follow The Researching Paralegal on WordPress.com

Enter your email address to follow this blog and receive notifications of new posts by email.

Search

Sign In/Register

  • Register
  • Log in
  • Entries feed
  • Comments feed
  • WordPress.com

Categories

Archives

  • March 2022
  • January 2022
  • November 2021
  • October 2021
  • January 2021
  • November 2020
  • October 2020
  • September 2020
  • August 2020
  • June 2020
  • May 2020
  • April 2020
  • January 2020
  • December 2019
  • October 2019
  • August 2019
  • July 2019
  • May 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • March 2014
  • February 2014
  • January 2014
  • December 2013
  • November 2013
  • October 2013

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…

Recent Comments

Eric Voigt on Top 20 Paralegal Blogs, Websit…
profvoigt on Research Guides in Focus – Mun…
Make Your PDF Docume… on Make Your PDF Document Edit-Pr…
madlaw291282999 on Using Hyperbole -Are You Riski…
How to Treat Bad Cli… on Why Do Bad Clients Deserve The…
  • RSS - Posts
  • RSS - Comments

Blog at WordPress.com.

  • Follow Following
    • The Researching Paralegal
    • Join 454 other followers
    • Already have a WordPress.com account? Log in now.
    • The Researching Paralegal
    • Customize
    • Follow Following
    • Sign up
    • Log in
    • Report this content
    • View site in Reader
    • Manage subscriptions
    • Collapse this bar
 

Loading Comments...
 

You must be logged in to post a comment.

    %d bloggers like this: