The Federal government has enacted laws that are intended to protect employees of restaurants, hotels, and other businesses from being subjected to extortion-type practices. Federal law requires that employers allow designated drivers to keep all gratuities or tips paid by customers. The federal law called the FLSA requires that any tips should be paid directly to the driver and not kept by the employer.
This is a very important part of the law. If an employee is injured or killed due to negligence on the part of the driver, the employer may be held liable. An important part of proving liability is proving that the driver behaved in a reasonable manner under the circumstances. The first factor to consider in proving negligence is whether or not the individual acted in a reasonably dangerous manner. In deciding whether or not the driver acted in a dangerous manner, it is important for the jury to determine what would be a reasonably safe driving environment for the driver. There must have been numerous occasions where the individual violated the traffic control device, caused an automobile accident, or was involved in a car accident.
The second factor to consider in determining reasonable care is determining what level of care is needed. The jury will be looking to determine if the manufacturer or dealer followed all required guidelines, or if the manufacturer or dealer failed to properly maintain the vehicle or did not make reasonable efforts to correct such deficiencies. Manufacturers are responsible for determining if their vehicles are compliant with minimum state and federal safety requirements. They are also responsible for fixing defects that have been found during inspections. If a dealer fails to follow through with repairs after an accident, the driver may be able to sue the manufacturer or dealer under the Car Accident Liability Act.
An individual who is harmed in a car accident may be able to recover monetary damages from the party at fault. The key issue in determining damages is whether or not the negligent party was aware of the risks inherent in operating the vehicle. The jury will want to know how responsive the driver was to warnings, and how the driver failed to take reasonable precautions to avoid the accident. For example, if the driver failed to apply the brakes because he was unaware that they were not working properly, the plaintiff may be able to recover substantial damages from the other party or its insurance carrier.
It is important for drivers to use reasonable care when driving. If a driver knows or believes that another driver is reckless and unsafe, it is imperative that the driver exercise enough caution to avoid an accident. Drivers should also avoid speeding or using cell phones or other devices that can distract them while driving. Any behavior that could prove that a driver was using personal care less than reasonable care is considered negligence.
There are several factors that determine whether or not drivers were acting in a negligent manner. Speeding causes many car accidents, so drivers need to be cautious when traveling fast and erratically. Cell phone use by drivers also can cause accidents because cell phone signals are always moving. Additionally, some drivers are simply more impatient than others, so they tend to be much more negligent when they are in the vehicle than other drivers. A person’s age, gender, and driving record are all important factors in determining negligence.
There are two main distinctions in negligence liability that distinguish different types of accidents. Bodily injury liability applies to the negligent act of causing physical harm to another individual, such as pulling out onto the road side of the road in rush hour traffic. Negligence involves negligence that results in a death or permanent injury. This is often the most significant factor in determining who is responsible for a car accident.
To determine negligence, courts must examine all of the evidence at hand. Commonly, this includes looking at what vehicles were in the vicinity of the vehicle in question, determining what those vehicles did, looking at the weather conditions on the road ahead, and determining what the vehicles actually did while in the vicinity of the vehicle in question. Often, the trial will end with a testimony from an expert witness that will reveal the perils drivers should have avoided certain actions or avoided looking at a particular situation on the road ahead. These are only a few examples of things that a jury will look at while deciding whether or not a driver is at fault for an accident. For more information regarding Michigan car law, contact a qualified attorney.