VEHICLE CODE SECTION 20000-20018
“20000. The provisions of this division apply upon highways and
elsewhere throughout the State, unless expressly provided otherwise. Read the rest of this entry »
VEHICLE CODE SECTION 9990-9993
9990. For purposes of this chapter, damage sustained by a motor
vehicle is material under any of the following circumstances: Read the rest of this entry »
VEHICLE CODE SECTION 2900-2911
“2900. There is in this state, the California Traffic Safety
Program, which consists of a comprehensive plan in conformity with
the laws of this state to reduce traffic accidents and deaths,
injuries, and property damage resulting from accidents. The program
shall include, but not be limited to, provisions to improve driver
performance, including, but not limited to, driver education, driver
testing to determine proficiency to operate motor vehicles, and
driver examinations and driver licensing, and provisions to improve
bicyclist and pedestrian education and performance. Read the rest of this entry »
California Vehicle Code - Section 2435-2436.7
“2435. (a) The Legislature finds and declares that the emergency
roadside assistance provided by highway service organizations is a
valuable service that benefits millions of California motorists. The
Legislature further finds and declares that emergency roadside
assistance is provided statewide, in cooperation with, and shares
resources with, public safety agencies. The Legislature also finds
that the Department of the California Highway Patrol, in cooperation
with the Department of Transportation, is responsible for the rapid
removal of impediments to traffic on highways within the state and
that the Department of the California Highway Patrol may enter into
agreements with employers for freeway service patrol operations under
an agreement or contract with a regional or local entity. The
Legislature declares that it is important to the public safety that
drivers who provide emergency roadside service not have criminal
records that include violent crimes against persons.
(b) The Legislature also declares that the Department of the
California Highway Patrol, in cooperation with the Department of
Transportation, shall be responsible for establishing the minimum
training standards for highway service organization employees and
employers who participate in freeway service patrol operations
pursuant to an agreement or contract with a regional or local entity.
2436. For the purposes of this article, each of the following terms
has the meaning given in this section:
(a) “Emergency road service” is the adjustment, repair, or
replacement by a highway service organization of the equipment,
tires, or mechanical parts of a motor vehicle so as to permit it to
be operated under its own power. “Towing service” is the drafting or
moving by a highway service organization of a motor vehicle from one
place to another under power other than its own.
(b) “Emergency roadside assistance” means towing service or
emergency road service.
(c) “Employer” has the same meaning as defined in Section 2430.1.
(d) “Freeway service patrol” has the same meaning as defined in
Section 2561 of the Streets and Highways Code.
(e) “Highway service organization” means a motor club, as defined
by Section 12142 of the Insurance Code and, in addition, includes any
person or organization that operates or directs the operation of
highway service vehicles to provide emergency roadside assistance to
motorists, or any person or organization that is reimbursed or
reimburses others for the cost of providing emergency roadside
assistance, and any employer and includes any person or organization
that directly or indirectly, with or without compensation, provides
emergency roadside assistance.
(f) “Regional or local entity” has the same meaning as defined in
Section 2430.1.
(g) “Tow truck driver” has the same meaning as defined in Section
2430.1.
2436.3. (a) On and after July 1, 1992, every employer shall obtain
from the department a carrier identification number. Application for
a carrier identification number shall be on forms furnished by the
department. The number shall be displayed on both sides of each tow
truck utilized in any freeway service patrol operation, in accordance
with Section 27907.
(b) No employer shall operate a tow truck in any freeway service
patrol operation if the carrier identification number issued pursuant
to subdivision (a) has been suspended by the commissioner pursuant
to Section 2432.1.
(c) The carrier identification number shall be removed before
sale, transfer, or other disposal of the vehicle, or upon termination
of an agreement or contract for freeway service patrol operations.
(d) A violation of this section is a misdemeanor.
2436.5. (a) The department, in cooperation with the Department of
Transportation, shall provide training, pursuant to a reimbursable
agreement or contract with a regional or local entity, for all
employers and tow truck drivers who are involved in freeway service
patrol operations pursuant to an agreement or contract with the
regional or local entity. Dispatchers for freeway service patrol
operations shall be employees of the department or the Department of
Transportation.
(b) The training shall include, but not be limited to, all of the
following:
(1) Tow truck driver and motorist safety.
(2) Patrol responsibility.
(3) Vehicle operation.
(4) Traffic control and scene management.
(5) Communication procedures.
(6) Demeanor and courtesy.
2436.7. (a) Every tow truck driver and employer, involved in a
freeway service patrol operation under an agreement or contract with
a regional or local entity, shall attend the training specified in
subdivision (b) of Section 2436.5.
(b) Upon successful completion of the training, each trainee shall
be issued a certificate of completion. The certificate shall state
the name of the training organization, the name and signature of the
trainer, the name of the trainee, and the date of completion of the
training.
(c) The trainee shall provide a copy of the certificate of
training to the employer. The employer shall maintain this
information in the tow truck driver files established pursuant to
subdivision (c) of Section 2430.5.
(d) Every employer shall make the file available for inspection by
the department at the employer’s primary place of business in this
state.”
Where civil forms are available for pick-up?
Civil forms are available between the hours of 8:00 a.m. and 4:00 p.m. at the Tenth District Court, located in the Justice Center at 161 E. Michigan Ave., Battle Creek. Forms can also be pickup at your local public library if you reside in Calhoun County.
How do I file small claims?
An affidavit and claim form must be completed. You must know the name and address of the person your are suing, the date the claim arose, a brief description of the claim and the dollar amount you are suing for. Be prepared to pay a filing fee when you file your claim with the court. The filing fee can be paid in the form of cash, check or money order, payable to the Tenth District Court. The defendant, who is the person you are suing, must be 18 years of age. You must sign the form and your signature must be notarized by a notary or witnessed by a court clerk. After the case has been filed, the affidavit and claim must be served on the defendant. The affidavit is good for 91 days. If the defendant is not served within the 91 days, your case will be dismissed. If dismissal occurs, you may re-file. You, the plaintiff, can not serve the papers on the person you are suing. They must be given to a competent person at least 18 years of age. You may leave the papers with the court for service. The court will give the papers to an independent process server. They will bill you directly for serving the papers. A court date will be set after proof of service is filed. The court will notify you by mail, of the scheduled court date.
What if I don’t know the persons name?
It is your responsibility to find the name of the person you are suing and their address. The Court does not investigate this for you. If there was an accident, the name would be included in a police report. You may need to research your own contacts to find the information required to file your claim.
What if I don’t know where the person lives?
It is your responsibility to research for the address. You would have to ask contacts of your own as the court does not investigate for you. A process server may charge you and additional $10.00 for an incorrect address listed on the service papers.
What is the most I can file for and are there other expenses?
The maximum amount you can file for in small claims is $3,000. If you use a process server to serve the papers, there will be a charge of $16.00 to serve the affidavit and mileage fee of $.34.5 per mile. The process server will bill you after the papers have been served. You are required to mail payment to the process server.
How old can the case be?
You should consult with an attorney regarding the issues of your claim. Understand that an attorney can not represent you in small claims court, but you may get legal advice from an attorney to file your claim properly.
Can an attorney help me?
You are not required to obtain an attorney. Attorneys can not represent in small claims court; however, if your issues require legal advise, it may be in your best interest to seek legal advice to file your claim properly. Court clerical staff may not give legal advice. If you file incorrectly, you risk the chance of your case being dismissed.
What is venue and what if I’m not sure the address is in Calhoun County?
The venue is where the action took place or where the defendant lives. If you do not know if the address is in Calhoun County, you can call the post office to see if the address falls within Calhoun County. If the address is not in Calhoun County, you would file at the County Courthouse that has jurisdiction over the address.
Do I have to appear in court?
Yes. You will receive a notice to appear mailed by the Court. Carefully review the notice. It is your responsibility to be at the hearing on time, the court will not call and remind you of the hearing.
How do I know if the defendant was served papers and what happens if we cannot serve the defendant?
You will receive a billing statement from the process server. If you do not receive a statement you may contact the civil division to verify service (269-969-6683). If the defendant cannot be served, you may request the server to prepare a motion and order for alternate service. This will allow a court order for tacking and mailing papers to the defendant. The process server will ask the post office for a postal search. Once the court receives the papers, an order signed by the judge allowing service to the last known address will be re-issued for service. You will then receive a billing from the process server.
Traffic Accidents in Los Angeles and Orange County are the most common types of personal injury cases. Cases involving personal injury resulting from accidents are litigated under the principles of negligence, (link to negligence) unless the state has determined to do away with fault as an issue. The injured plaintiff is required to prove that someone was negligent, that the negligence caused the accident, and that the accident caused the plaintiff’s injuries. In some cases your gut feeling may tell you that the other driver, cyclist, or pedestrian acted carelessly, but not what rules they violated.
Negligence is one of the primary causes of automobile accidents. Negligent acts occur when a driver causing an accident does not exercise reasonable care. For example, he was driving too fast or too slowly for the conditions. Perhaps he allowed himself to be distracted. Perhaps he carelessly ignored traffic signals or conditions. There are many areas in which negligence can occur but negligence is a failure to be careful rather than an act intended to cause harm. A person who is distracted and rear-ends another vehicle at a red light is negligent.
Intentional misconduct, on the other hand, is an action committed when the person knew that his actions could cause harm and did not care, or actively desired to harm others. A driver who drives at a high rate of speed, cutting in and out of traffic, may be intentionally putting himself and others at risk.
The law of strict liability could apply in some circumstances and neither negligence nor intent would need to be shown. Another cause of auto accidents is product failure.
If you have suffered personal injuries or property damage in automobile, motorcycle, truck, or bus accidents you should imediatelly contanct a car accident attorney. Your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury.
Car Accident Insurance
In case you were the victim in a california car accident, you should know that :
- Your insurance company is only required to pay for the coverage that you paid for.However, that doesn’t absolve the offending driver/insurance company from ponying up the difference ; try calling the other driver’s company’s insurance.
- The state of California does not recognize diminished value of the vehicle.
- Remember, that lawyers are usually only helpful in personal injury claims. There is no “room” for a lawyer in a property damage claim.
Las Vegas car accidents happen frequently. Many Las Vegans have either been involved in a Las Vegas auto accident or they know someone who was hurt in a car wreck in Las Vegas. In the USA, about 40,000 people are killed in vehicle collisions every year. Many of us are familiar with the pain and suffering which results from a Las Vegas auto accident.
In addition to the pain and suffering, Las Vegas car accident victims also incur medical bills and lost wages when they cannot work due to their injuries. Nevada personal injury law provides recovery when you have suffered an auto accident injury due to the negligence of another driver.
Auto accident insurance is usually in force to compensate Las Vegas car accident victims. It is critical that you know your rights under Nevada law and that you take certain steps to maximize the compensation you receive for your Las Vegas auto accident injuries. Vegas Lawyer will give you free legal advice to help you evaluate your Las Vegas car accident case.
When you file a lawsuit, your personal injury lawyer will file a Complaint which states facts and claims supporting your case. The defendant’s attorney must file an Answer to your Complaint. The Answer will often contain Affirmative Defenses like the following:
Running of the Statute of Limitations.
The complaint was filed after the time period allowed.
Failure to State a Cause of Action.
The complaint does not contain enough facts to state a cause of action against this defendant.
Plaintiff’s Comparative Fault.
Plaintiff(s) or the person insured by plaintiff was at fault in how he/she/it conducted his/her/its affairs relative to the incident described in plaintiff’s complaint. Such fault caused or contributed to the damages complained of in this case.
Failure to Mitigate Damages.
Plaintiff(s) or the person insured by plaintiff failed to take reasonable steps to minimize or prevent the damages plaintiff claims to have suffered.
Assumption of the Risk.
Plaintiff(s) or the person insured by plaintiff knew about the risk, and voluntarily undertook the risk that led to the accident or injuries complained of in this case.
Consent by Plaintiff.
Plaintiff(s) or the person insured by plaintiff agreed to, and participated in, those actions which plaintiff(s) claim to have caused injury or damage. Since such participation and consent were given knowingly and voluntarily, plaintiff’s claims are invalid.
Comparative Fault of Third Parties.
People or entities other than this defendant caused or contributed to the damages plaintiff(s) claim to have suffered. Therefore any award made in favor of the plaintiff in this case must be reduced by an amount equal to the percentage of the fault of others in causing or contributing to the damages as alleged in the complaint.
Apportionment of Fault.
Defendants other than this defendant caused or contributed to the damages plaintiff(s) claim to have suffered. Therefore any award made in favor of the plaintiff(s) in this case must be divided between the defendants so that each pays only his, her or its fair share in relationship to his, her or its amount of fault.
Claim is Barred By Law.
This defendant believes, based on reliable information, that current law prohibits plaintiff’s claims against this defendant.
Laches.
Plaintiff(s) or the person insured by plaintiff waited too long to file this law suit, making it difficult or impossible for defendant to find witnesses or evidence to defend the case.
Waiver.
Plaintiff(s) or the person insured by plaintiff either told, or led this defendant to believe, that plaintiff would not sue this defendant.
Estoppel.
Plaintiff(s) or the person insured by plaintiff acted in such a way as to cause this defendant to believe that plaintiff would not file suit, and defendant relied on those actions or representations.
Act of God.
The damages plaintiff(s) or the person insured by plaintiff claims to have suffered were caused by a natural occurance, such as a storm. Failure to Exhaust Administrative Remedies. Plaintiff(s) or the person insured by plaintiff failed to file and pursue a claim with the responsible government agency before filing this lawsuit.
Intervening or Supervening Cause.
The damages the plaintiff(s) or the person insured by plaintiff claims to have suffered were caused or made worse by an event that occurred after the accident described in the complaint.
Superseding Cause.
The damages the plaintiff(s) or the person insured by plaintiff claims to have suffered were almost entirely caused by an event that occurred after the accident described in the complaint, thus this defendant is not responsible for plaintiff’s claimed damages.
The Utah State Bar is an organization of Utah’s attorneys, lawyers and judges. It includes active and inactive lawyers, and also lawyers residing within and outside the State of Utah. It is necessary to be a member of the Utah State Bar in order to practice law in the State of Utah.
The Bar officers include a president and a president elect who are elected from a commission of 11 lawyers, 2 public members, and several ex-officio members. The Bar has an office staff with various responsibilities related to the administration of the practice of law and services to lawyers and services to the public.
The Utah State Bar does not have an in-house lawyer referral service. The service is available online through a legal service called LegalMatch. With this legal service, your have the ability to review, in a condidential enviroment, the experience, availability, track record and fee structure of pre-screened lawyers who could match your legal needs, before decidind on contacting any of the lawyers available. You have no obligation to hire a lawyer, this is a free service provided to consumers.
The legal resources available for Utah middle-class and poor residents are exceeded by their needs. However, the areseveral programs maintained by Utah lawyers volunteers to provide legal services on a low cost or pro bono basis. One of such programs is called The Tuesday Night Bar program offering an opportunity to meet and discuss with a lawyer whether the matter needs further legal attention. Referrals may be given to providers of legal services at low or no cost. There are several pro bono legal services organizations.
There is a a pro bono volunteer coordinator within the Utah State Bar to ensure that those lawyers providing free services to the people with less or no income, are coordinated with referral agencies. The pro bono service coordinator at the Bar is not a referral agency for individuals seeking legal assistance.
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