II. The court will likely find that Haley was an incompetent driver under Alabama common Law Incompetency goes to reliability in all that is essential to make up a reasonably safe person. Rush v. McDonnell, 106 So. 175, 177 (1925). The incompetence of a driver is measured by the driver’s demonstrated ability to properly drive a vehicle. Halford v. Alamo Rent-A-Car, LLC, 921 So. 2d 409, 414 (Ala. 2005). One who is habitually negligent may, on that account, be incompetent. Crotwell v. Cowan, 184 So. 195, 199 (1938). To see if someone is habitually negligent, the court should take into account his youth and other pertinent evidence relating to his character, habits, and activities. Keller v. Kiedinger, 389 So. 2d 129, 137 (Ala. 1980). Driving …show more content…
Unlike Halford and Britt in which the defendant’s licenses were suspended for not appearing in court and maintaining insurance, which were all administrative in nature, Haley’s suspension of her driver’s license was more about her failure to obey. Haley had three tickets for failure to obey construction zone marker for three consecutive days and one for disregarding traffic control device. Compare to the violations of procedural issues in Halford, the violation in this case were more related to driving issues. Parking in the wrong spot could be the result of not be able to park in the right spot which crowed by other …show more content…
Also, she received less moving tickets than the incompetent driver in Edwards who had eleven moving tickets and two DUIs, and the driver in Hornady Truck Line who received six speeding tickets. Yet, it does not mean she can drive properly. Tickets of disregarding the traffic control device, running the red light, and driving without license show her careless and reckless personality which one would not expect to see from a competent driver. Also, she got all those tickets in two months, comparatively short time for receiving comparing to the driver in Hornady Truck Line who received six speeding tickets in four years and the driver in Edwards who receive all the tickets during sixteen years. The high frequency of receiving a comparatively large number of tickets may be able to show her incompetence to operate and control a car properly, as illustrated by her failure to turn with road and lost control of the car in this
City of Pinellas Park v. Brown was a case brought to the District Court of Appeal of Florida, Second District by the plaintiff Brown. In this case, the Brown family sued the City of Pinellas Sheriff Department on the grounds of negligence that resulted in the tragic death of two Brown sisters during a police pursuit of a fleeing traffic violator Mr. Deady. The facts in this case are straight forward, and I shall brief them as logical as possible.
On June 7th 2008, Sarah May Ward was arrested for the murder of Eli Westlake after she ran him over in a motor vehicle in St. Leonards. Prior to the incident the offender had been driving the wrong way down Christine Lane which was a one way street. Whilst this was occurring she was intoxicated, under the influence of marijuana, valium, and ecstasy and was unlicensed to drive. The victim and his brother who were also intoxicated, where walking down the lane and where nearly hit by the offender. This prompted the victim to throw cheese balls at the car and make a few sarcastic remarks regarding her driving ability. After a brief confrontation between the two parties the victim and his brother turned away and proceeded to walk down Lithgow Street. The offender followed the victim into the street and drove into him while he was crossing a driveway.
This design defect, however, does not mean that the plaintiff is awarded since the design defect was not the proximate cause of injury for Cheyenne. Due to Gordon’s modification of the seat belt, Ford is not liable for the injuries that Cheyenne suffered. Stark ex. rel. Jacobsen v. Ford Motor Co., 365 N.C. 468, 472, 723 S.E.2d 753, 756 (2012). The evidence supports the idea that her spinal cord injury was a direct result of placing the seat belt behind her back. Preemption as a theory that would bar the Starks from recovering does not apply in this case, since the federal government’s regulations do not make manufacturers immune to design defect claims. Stark’s claims of inadequate warnings likewise do not apply since the misuse of the product, it’s alteration, is the proximate cause of injury. Had the modification of the seat belt not been the proximate cause of injury, and instead a contributing factor, the court might have decided that Stark was only twenty percent responsible for the injury that occurred. This amount of contributory negligence would not have barred them from recovering, according to Indiana Statutes, and Ford would have been liable for the
Axiak v Ingram (2012) 82 NSWLR 36 (Axiak) was extremely pertinent, standing as the “only decision of this court dealing with the construction of the blameless accident provisions of the MACA”. Critically, the case established that ‘non-tortious negligence’ is excluded from the MACA’s definition of “fault” in s3. Such provisions artificially place fault upon the driver in order to secure CTP claims for victims.
This trend began to ebb with MacPherson v. Buick Motor Co., and the ruling by an appellate court that favored MacPherson, the plaintiff. This case, however, was more a result of political expediency than a reasoned verdict based on fact. In this case, the plaintiff argued that his 1911 Baby Buick had a defective wheel that collapsed while traveling at a low rate of speed, hitting a telephone pole, and pinning him under, breaking his wrist and cracking several ribs; however, the facts of the trial revealed that the accident as it was recounted by the plaintiff was a physical impossibility, but due to the increasing pressures to dispense with privity rulings, the court imposed on the defendant the responsibility of inspecting and discarding defective wheels, implying causal negligence even though the plaintiff had driven the vehicle for more than a year in less than perfect road conditions without a mishap. (MacPherson Tort Story; MacPherson v. Buick Motor Company: Simplifying the Facts While Reshaping the Law, Pg.
Scott Robinson moved from Houston to Cincinnati in 2007. Before leaving, Mr. Robinson sold his Hyundai Santa Fe to a used car dealer in Rosenberg, Texas. Due to clerical errors at the dealer, Scott's car was sold with his license plates still attached to the vehicle. The new owner of the vehicle ran a stoplight and when the license plate was read, Mr. Robinson's information was pulled up. When he finally received his ticket, it was too late for him to protest the charges even when providing proof of sale for the vehicle.(Geor...
...atistics that show that they do not have enough experience, they do not make good decisions, and they are accident prone.
...nsed, disqualified or uninsured driving: Blameless driving and the scope of legal causation. Journal of Criminal Law, 78(1), 16-21. doi: 10.1350
Individuals who exhibit cognitive impairment that limits or otherwise compromises their ability to understand consequence and make decisions and/or control their actions in accordance due to physical illness, disease, or disability at the time of legal offense cannot be reasonably held accountable for their actions, nor should they be legally judged by the same criteria as those criteria regarding mentally healthy individuals. A pardon or remission should be granted by the court, the affected individual should receive prompt, appropriate medical and psychological treatment, and further reprimand should be reserved for cases of repeat offense.
Statistics show 16- to 17-year-old driver death rates increase with each additional passenger, which is due to distracted driving. Taking your eyes off the road for 2 (two) seconds, at 60 mph, means you have driven blindly for half the length of a football field. The risk of fatality is 3.6 times higher, when they are driving with passengers than when alone. For many years, the correlation between driving behavior and age has interested highway safety researchers and administrators. It is general knowledge that the greatest risk of motor vehicle crash...
I attended the Circuit Court at 140 Blountville Bypass Blountville, TN on April 24th, 2014. I sat in on Judge Robert Montgomery’s court. Judge Montgomery started court promptly at 9:00 a.m. After going through the metal detectors, I asked the officer working the metal dictator if I could ask to sit in on a criminal court that was going on that morning. He then directed me to the printed docket on the table in the waiting area. The docket is the official schedule of proceedings in lawsuits pending in a court of law. Courtroom 1 had seven pages of cases ranging from violations of probation to rape of a child and Courtroom 2 had one jury trial case of a vehicular homicide that finished the day before. I walked into the administration office and asked if I could get a copy of the docket for when I sit in on court that day for my Legal Process class. I waited until the bailiff called everyone in, and I went in as well and took a seat in the front row in the middle next to another classmate. After waiting a few minutes the bailiff tells everyone to rise while Judge Robert Montgomery entered the courtroom to begin the proceedings.
who cause accidents. In most states for your first arrest could face license suspicion, fine fees,
“The one thing that unites all human beings, regardless of age, gender, religion, economic status, or ethnic background, is that, deep down inside, we all believe that we are above-average drivers” -Dave Barry, comedian. The number of accidents over the last ten years have drastically increased, drivers are paying less attention to the road itself. Many individuals behind the wheel of a car believe that their driving does not affect the road conditions, however it always will. The driving habits of today are catastrophic due to the reasoning that the driving will affect other lives through reckless or distracted driving, and disobeying traffic laws.
According to SmartMotorist.com, over 95% of all vehicle accidents are caused by driver errors. No matter what the causes are, most of these accidents could be prevented by the drivers if they drove responsibly. These drivers often try and blame the other parties involved in the incidents, failing to acknowledge their own poor driving habits. To change poor driving habits, one must first acknowledge what poor driving habits they possess. In this essay, I will explain the similarities among skilled and unskilled drivers, the major differences between the types of drivers, and I will then offer some suggestions as to how all drivers may improve their driving skills.
Drivers lacking of knowledge is the other factor which causes accidents.. The drivers who have got their licenses from bad driving courses cause traffic accidents because they become drivers without having enough knowledge about driving, signs and traffic