The way you drive represents your attitude. Teenagers frequently think that automotive abilities as well as knowledge about driving are all that is required so they can be secure on the highways. However, probably the most essential affects on driving ability is actually their attitude towards driving as well as their conduct on the highway.
To be a driver means having a lot of responsibility. You need to share the street to maintain traffic moving securely. You must be considerate and must perceive threatening situations in advance.
Aggressiveness in driving won’t bring you any good. Truly being a harmless and trustworthy driver takes a mixture of attitude, wisdom and ability. Never take road problems personally.
"Aggressiveness in driving won’t bring you any good. Truly being a harmless and trustworthy driver takes a mixture of attitude, wisdom and ability. Never take road problems personally."
Yes, I agree with the points made by moses29coffey21. I would add that knowing about liability for lawsuits is a great incentive to control one's attitude. Speeding for fun is only advisable at a racetrack with a liability waiver signed and an ambulance waiting outside. Knowing that a lawsuit can take away everything one has invested (all assets liquidated*), and that one's wages can be garnished for the rest of one's life should be enough incentive to avoid being liable in an accident. If that doesn't make one a safer driver, I'm not sure what will.
*If one is under 18 in the US, then one's parents' or legal guardians' will take one's place as the liable party in court. For until one is "sui juris", one's parents are responsible for all damages caused. Something for parents to keep in mind.
Car Accident Lawsuits: To obtain compensation for expenses beyond what the other party's insurance company will pay you. For example, if they set their policy to pay out a maximum of $25,000 but your expenses were $50,000. And if you have full tort insurance, you can obtain further compensation for "pain and suffering".
Twelve (12) states have a no-fault system that applies to car accident injury settlements. In routine cases in those states, an injured driver is paid by her own insurance company for her medical bills and lost income, but she cannot be compensated for pain and suffering or make a claim against the driver who caused the accident.
However, even in those states, an injured person can make a claim for compensation against the driver who caused the accident under certain circumstances, such as where the injuries are "serious" or the out-of-pocket expenses are above a certain threshold amount.
Garnishment of Wages: If the defendant (the liable party) doesn't have enough assets to liquidate to cover the damages, then their wages can be garnished until the damages are fully paid, no matter how long it takes.
If the Defendant has assets that do not already have a lien on them, you can get a writ of execution from the clerk's office, bring it to the sheriff and after paying a bond have the sheriff go to the Defendant's house and seize the property. Once the property is seized it will be auctioned off and you will receive any money you are due. If the Defendant has no assets but does have a job, you can file a motion for writ of garnishment to have the judge order the Defendant's employer to garnish their wages.
Parents Held Liable for Damages Caused by Their Minor Children: Here are some excerpts from the "Parent Liability Child's Act".
Quote:
Background
Parental liability is the term used to refer to a parent's obligation to pay for damage done by negligent, intentional, or criminal acts of that parent's child. In most states, parents are responsible for all malicious or willful property damage done by their children. Parental liability usually ends when the child reaches the AGE OF MAJORITY and does not begin until the child reaches an age of between eight and ten. Laws vary from state to state regarding the monetary thresholds on damages collected, the age limit of the child, and the inclusion of PERSONAL INJURY in the tort claim. Hawaii was the first state to enact such legislation in 1846, and its law remains one of the most broadly applied in that it does not limit the financial bounds of recovery and imposes liability for both negligent and intentional torts by underage persons. Laws making parents criminally responsible for the delinquent acts of their children followed civil liability statutes. In 1903, Colorado became the first state to establish the crime of contributing to the delinquency of a minor. Today, most states have these types of laws. Children's offenses can be civil and/or criminal in nature. Civil cases are lawsuits for money damages. The government brings criminal cases for violations of criminal law. Many acts can trigger both civil and criminal legal repercussions.
Minors
A minor is a person under the age of majority. The age of majority is the age at which a minor, in the eyes of the law, becomes an adult. This age is 18 in most states. In a few other states, the age of majority is 19 or 21. A minor is considered to be a resident of the same state as the minor's custodial parent or GUARDIAN.
Civil Responsibility
Each state has its own law regarding parents' financial responsibility for the acts of their children. Parents are responsible for their children's harmful actions much the same way that employers are responsible for the harmful actions of their employees. This legal concept is known a vicarious liability. The parent is vicariously liable, despite not being directly responsible for the injury. A number of states hold parents financially responsible for damages caused by their children. Some of these states, however, place limits on the amount of liability. The laws vary from state to state, but many cover such acts as VANDALISM to government or school property; defacement or destruction of the national and state flags, cemetery headstones, public monuments/historical markers; also, property destroyed in hate crimes, based on race or religion, such as ransacking a synagogue. Personal injury in connection with any of these may also be included.
Quote:
Negligent Supervision
A parent is liable for a child's negligent acts if the parent knows or has reason to know that it is necessary to control the child and the parent fails to take reasonable actions to do so. This legal theory is known as negligent supervision. Liability for negligent supervision is not limited to parents. Grandparents, guardians, and others with CUSTODY and control of a child may also be liable under these circumstances. There is usually no dollar limit on this type of liability. An umbrella or homeowner's insurance policy may offer the adult some protection in a lawsuit.
Family Car Doctrine
The family car doctrine holds the owner of a family car legally responsible for any damage caused by a family member when driving if the owner knew of and consented to the family member's use of the car. This doctrine is applied by about half of the states. Thus, even if a parent does not have a minor household member listed on the auto insurance policy, under the family car doctrine, the adult remains liable. Most insurance policies have special provisions for members of the household under eighteen. Typically, minor drivers must be included on the policy. The car owner would not be able to invoke the uninsured motorist provision for a minor child driver residing in the insured's household, driving the insured's vehicle.
Criminal Responsibility
Although some states impose criminal liability on parents of delinquent youth, many more have enacted less stringent types of parental responsibility laws. Kansas, Michigan, and Texas require parents to attend the hearings of children adjudicated delinquent or face CONTEMPT charges. Legislation in Alabama, Kansas, Kentucky, and West Virginia requires parents to pay the court costs associated with these proceedings. Other states impose financial responsibility on parents for the costs incurred by the state when youth are processed through the juvenile justice system. Florida, Idaho, Indiana, North Carolina, and Virginia require parents to reimburse the state for the costs associated with the care, support, detention, or treatment of their children while under the supervision of state agencies. Idaho, Maryland, Missouri, and Oklahoma require parents to undertake RESTITUTION payments.
Unfortunately, I cannot find out what the variation per state is. I recommend not taking any chances.
"Aggressiveness in driving won’t bring you any good. Truly being a harmless and trustworthy driver takes a mixture of attitude, wisdom and ability. Never take road problems personally."
True! I agree with that!
Sometimes however, you need to show a little aggressive in driving. Not to the point of being an arrogant driver, but on the road, you sometimes need to show people that they can't push you around.
Joined: Aug 02, 2006
Posts: 705
Location: McLean, VA, USA
Posted:
Mon Nov 22, 2010 11:47 pm
Nah Yuka, disagree again. The road is not the place to show others their place, this highly increases the risk of accident - and you just said that nothing justifies risking people lives, did you?
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