Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P47 pps

Congress modified emissions standards in the 1977 Clean Air Act Amendments (42 U.S.C.A. § 7401 et seq.) and in the Clean Air Act Amendments of 1990 (Pub. L. No. 101-549, 104 Stat. 2 399 [42 U.S.C.A. § 7401 et seq. (1995)]). The modified standards, as defined and moni- tored by the ENVIRONMENTAL PROTECTION AGENCY (EPA), include d new re quirement s for st ates with low air quality to implement inspection and maintenance programs for all cars. These inspec- tions were designed to ensure that vehicle emis- sions s ystems were working properly. In 1992 the EPA implemented strict emissions testing requirements for 18 states and 33 cities with excessive levels of carbon monoxide and ozone. California has been a leader in setting of air- quality standards. In 1989 it announced new guidelines that called for t he phasing out gas- fueled cars in southern California by the year 2010. Critics maintain that federal emissions regulations have been too costly and that regulators should focus on reducing the emis- sions of more significant polluters, such as power plants and factories. Fuel Efficiency Standards In the 1975 Energy Policy and Conservation Act (Pub. L. No. 94– 163, 89 Stat. 871 [codified as amended in scattered sections of 12 U.S.C.A., 15 U.S.C.A., and 42 U.S.C.A.]), Congress created a set of corporate average fuel economy (CAFE) stan- dards for new cars manufactured in the United States. The secretary of transportation was empowered with overseeing these standards. The standards mandated that each car manufac- turer achieve an average fuel economy of 27.5 miles per gallon (mpg) for its entire fleet of cars by 1985. Manufacturers that did not achieve these standards were to be fined. In 1980 an additional SALES TAX at purchase w as placed upon “gas guzzlers” (cars that fail to achieve certain levels of fuel economy). The more a car’s gas mileage is below a set standard—which was 22.5 mpg in 1986—the greater the tax. For example, a 1986 car that achieved less than 12.5 mpg was charged an additional sales tax of $3,850. Some members of Congress have lobbied for fuel- efficiency standards as high as a 40 mpg fleet average for auto manufacturers. The fleet-average fuel efficiency of cars nearly doubled between 1973 and 1984. How- ever, detractors of fuel efficiency standards maintain that the increase in efficiency was not entirely due to federal standards. They argue that fuel efficiency would have risen without regulation, in response to higher gas prices and consumer demand for more efficient cars. But that did not happen soon enough, without legislative intervention. In December 2007 Congress passed the Energy Independence and Security Act of 2007 (P.L. 110–140), which mandates a CAFE of 35 mpg by 2020. Nearly concurrently, the EPA denied a Clean Air Act WAIVER for California to set its own proposed vehicle emissions standards (even though they would have required higher fuel efficiency than the new law) because they were made moot by the new energy law. Import Quotas Faced with increasingly stiff competition from Japan and Europe, U.S. car manufacturers in the early 1980s pressed the federal government to limit the number of foreign cars imported into the United States. The administration of President RONALD REAGAN responded by negotiating quotas, or limits, on Japanese car imports from 1981 to 1985. The Japanese voluntarily continued quotas on their car exports through the late 1980s, and quotas on picku p trucks from Japan remained in effect through the mid-1990s. Tort Lawand AutomobileManufacturing Courts have established that manufacturers may be held liable and sued for property damage and personal suffering caused by the products they have manufactured. Automobile manufac- turers, like all manufacturers, are thus subject to PRODUCT LIABILITY law. Anyone who suffers harm, injury, or property damage from an improperly made auto may sue for damages. Actions that involve a breach of the manufacturer’s respon- sibility to provide a reasonably safe vehicle are a type of product liability suit. Courts have found that auto manufacturers have a duty to reasonably design their vehicle against foreseeable accidents. The most impor- tant legal concept in this areais crashworthiness—a manufacturer’sresponsibilitytomakethecar reasonably safe in the event of a crash. The standard of crashworthiness makes it possible to hold manufacturers liable for a defect that causes or enhances injuries suffered in a crash, even if that defect did not cause the crash itself. Auto injuries are often the result of a “second collision,” when the occupant’s body strikes the interior of the car or strikes an exterior object GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 448 AUTOMOBILES after being thrown from the vehicle. Second collisions can occur when the seat belt fails, for example. Other examples of failures in crash- worthiness include instruments that protrude on a dashboard, or a fuel tank that explodes after impact. One landmark case in this area of manufacturer liability is Larsen v. General Motors Corp., 391 F.2d 495 (8th Cir. 1968), in which an individual was compensated for injuries suffered when his head struck a steering wheel in an accident. In another significant case, Grimshaw v. Ford Motor Co., 119 Cal. App. Ct. 3d 757, 174 Cal. Rptr. 348 (1981), a California jury required Ford Motor Company to pay $125 million in PUNITIVE DAMAGES (later lowered to $3.5 million) to a teenager who was severely burned in a fire that resulted when his Ford Pinto was rear-ended and the fuel tank exploded. Automakers may also be held liable for failure to warn of a product’s dangerous tendencies. Manufacturers have, for example, been sued for failing to warn drivers that certain vehicles had a tendency to roll over in some conditions. One of the more high-profile cases involving defects in automobiles and their parts involved Ford Motor Company and the tire manufacturer Bridgestone/Firestone. On May 2, 2000, the NHTSA began an investigation involving Fire- stone tires. By that time, the agency had received 90 complaints from consumers who had suffered accidents because the tread on the tires of their Ford Explorers had allegedly caused their vehicles to roll over. These accidents had resulted in at least 27 injuries and four deaths. On August 9, 2000, Bridgestone/Firestone announced the recall of 6.5 million tires, many of which were standard equipment on Explorers. Ford and Bridgestone/Firestone eventually faced more than 1,000 lawsuits in state and federal court. Many of these cases were settled, including several cases that had been followed closely by the national media. In one case, Marisa Rodriguez of Texas suffered permanent paralysis in 1998 when a faulty tire in the Ford Explorer in which she was riding caused the vehicle to roll over. Rodriguez sought damages of $1 billion when she brought suit in the U.S. district court for the Southern District of Texas, though she eventually settled the case for a reported $6 million. By 2002 the total number of fataliti es had increased to 271, with more than 1,000 injuries. By February 2003 several CLASS ACTION and other suits were pending against Bridgestone/Fire- stone. In 2001 Congress conducted a series of hearings investigating the Ford and Bridge- stone/Firestone fiasco. Congress eventually enacted the Transportatio n Recall Enhance- ment, Accountability, and Documentation Act, Pub. L. No. 106-414, 114 Stat. 1800 (49 U.S.C. A. §§ 30101 et seq.). It provides criminal penalties for misleading the Secretary of Transportation with respect to vehicle and equipment-related safety defects. Although the provisions of the statute do not apply to the Firestone/Ford cases. Sale, Lease, and Rental When shopping for a car, consumers generally receive their first information through advertis- ing. States regulate automobile ads in different ways. In some states, an ad must provide the number of advertised vehicles available for sale, the price, the dealer, and the factory-installed options and WARRANTY terms. Car buyers shou ld beware of bait-and-switch advertising, in which a dealer advertises a specific car for sale without Number of Motor Vehicle Sales and Leases in the United States 0.328 3.314 13.326 16.971 0.432 3.401 13.465 17.297 0.497 3.403 13.545 17.445 0.544 3.692 12.813 17.048 0.373 3.756 12.334 16.462 0 5 10 15 20 2003 2004 2005 2006 2007 Year Number of vehicles, in millions SOURCE: U.S. Bureau of Economic Anal y sis, Auto and Truck Seasonal Adjustment. New motor vehicle sales and leases Domestic Import Other ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION AUTOMOBILES 449 the intention of actually selling it. The ad lures the customer into the showroom so that she or he may be persuaded to buy a higher-priced, unadvertised vehicle. When buyers encounter this type of FRAUD, or any other type of CONSUMER FRAUD , they should contact the CONSUMER PROTECTION division of their state attorney general’s office. The STATUTE O F F RAUDS of the UNIF ORM COMMER- CIAL CODE (UCC) governs the sale of autos in every state except Louisiana. According to the UCC, an auto contract must be in writing in order to be considered valid in court. The purchaser and an agent of the seller—an authorized salesperson, supervisor, or manager—must sign the contract. Buyers should read all terms of the contract before signing. The contract should specify whether the car is new or use d and include a description of the car, the car’s vehicle identifi- cation number (VIN) (on the driver’ssideofthe dashboard near the window), details of any trade-in, and the terms of financing, including the ANNUAL PERCENTAGE RATE. In most states, the title for a new or used car passes to the buyer when the seller endorses the certificate of title. If the buyer does not maintain payments according to the finance a greement, the creditor can repossess the car as collateral for the What to Do If You Are in an Auto Accident S B ooner or later, y ou are likelyto have an accident. Fortunately, it will probably be a minor collision that damages only the vehicles involved. However, whether you are in a minor or major accident, behaving coolly, calmly, and properly a fter it occurs could save you a lot of money and trouble. Some suggestions on wh at to do if you are in an auto accident: 1. If possible, move your car to the side of the road or out of the way of traffic. 2. Turn on your car flashers or set up flares to warn other motorists of t he accident. 3. Do not make any statements concerning who was at fault, or assign blame to anyone involved. 4. Help any persons who are injured. Most states have laws requiring you to render aid t o anyone injure d in the accident. C all an ambulance if necessary. 5. Write down the name, address, license plate number, and driver’s license number of the other driver and ask to see his or her vehicle registration certificate and proof of insurance. Write down the insurance company name and policy number of the other driver. If asked, do the same for the other driver. Do not reveal the amount of your insurance coverage. 6. Write down the names and addresses of all passengers involved and of any witnesses to the accident. 7. Notify the police, particularly if anyone is hurt or injured at t he scene. 8. Write down t he names and badge numbers of any police officers at the scene. 9. Ifpossible,takeapictureofthesceneofthe accident, including damage to cars and skid marks. 10. Draw a rough diagram o f what happened in the accident, noting road conditions, weather, and lighting. 11. If you suspect you have any injuries, obtain medical care. 12. Talk to a lawyer if you intend to file a lawsuit regarding the accident. All states require those involved in an accident to file a report with the police or bureau of motor vehicles if the accident involves a death, a personal injury, or property damage above a certain amount, such a s $500. Some states require that the report be made immediately; others allow five to thirty days. Failure to file a report is a misdemeanor in most states and could result in the s uspension of your driver’slicense. Some insurance companies provide their policy- holders with accident report forms. Such forms make it easier to obtain the necessary information if you are in an accident. If you have them, keep them handy in your v ehicle. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 450 AUTOMOBILES loan. The debtor has t he right t o b uy back the car (redeem the c ollateral) and can do so by paying the entire balance due plus REPOSSESSION costs. Eventually, the creditor may sell the car to another party. If the profit from the sale does not satisfy the debt, the debtor is liable for the difference. If the profit f rom the sale is greater than the debt, the creditor must pay the difference to the debtor. In some states, the creditor is required by the U CC to notify the debtor of the time, place, and manner of any sale of the car. All used-car dealers must attach a buyer’s guide to the side window of any car they are selling. It must state whether the car comes with a warranty; outline the specific coverage of any warranty; recommend that an independent mechanic inspect the car; state that all promises should be put in writing; and provide a list of potential problems with the car. The buyer’s guide becomes part of any contract with the seller. The seller must be truthful about the car and should provide the buyer with the car’s complete service records and a signed, written statement of the odometer reading and its accuracy. If the car does not perform as promised, a breach of warranty may have occurred. If an individual pays more than $500 for a used car, he or she should have a written contract and a BILL OF SALE. The latter is required in many states to register a car and should include the date of sale; the year, make, and model of the car; the VIN; the odometer reading; the amount paid for the car and what form it took; the buyer’s and seller’s names, addresses, and phone numbers; and the seller’s signature. The sale of new automobiles is subject to what are popularly called “lemon laws.” Lemon is the slang term for a car that just does not work right. LEMON LAWS, in force in all states as of 2003, entitle a car buyer to a replacement car or a refund if the purchased car cannot be satisfactorily repaired by the dealer. States vary in their requirements for determining whether a car is a lemon. Most define a lemon as a vehicle that has been taken in at least four times for the same repair or is out of service for a total of 30 days during the coverage period. The coverage period is usually one year from delivery or the duration of the written warranty, whichever is shorter. The owner must keep careful records of repairs and submit a written notice to the manufacturer stating the problems with the car and an intention to declare it unfit for use. Many states require that the buyer and the manufacturer or dealer submit to private ARBITRATION, a system of negotiating differences out of court. Increasingly, states are passing lemon laws for used as well as new cars. Leasing is a popular method of purchasing the use of a car. Leasing is essentially long-term rental. For persons who drive few miles per year, like to change cars often, or use their cars for business, leasing is an attractive option. A lease contrac t may or may not include other expenses such as sales tax, license fee, and Highway patrol officers, checking for drunk drivers, examine drivers’ licenses at a roadblock on a North Carolina highway. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION AUTOMOBILES 451 insurance. In a closed-end, or “walkaway,” lease contract, the car is returned at the end of the contract period, and the lessee is free to “walk away” regardless of the value of the car. In an open-end lease, the lessee gambles that the car will be worth a stated price at the end of the lease. If the car is worth more than that price, the lessee may owe nothing or may be refunded the difference; if the car is worth less, the lessee will pay some or all of the difference. Payments are usually higher under a closed-end lease than under an open-end lease. Open-end leases more commonly have a purchase option at the end of the lease term. To lease or rent an auto, an individual must show a valid driver’s license and, usually, a major credit card. A rental business may require that a customer have a good driving record and be of a certain age, sometimes 25 years old or older. An auto rental, unlike a lease, may be as short as one day. A rental company may offer a No-Fault Automobile Insurance E ver since the invention of automo- biles, there have been automobile accidents. And with those accidents have come legal disputes about who was most at fault in causing them—and who should be forced to pay damages. The U.S. legal and political systems have struggled to determine the best way to handle the large number of legal disputes related to automobile accidents. Although the states vary in their procedures, two basic approaches have evolved. The first and older approach is the traditional LIABILITY LITIGATION system, which attempts to determine, usually through jury trials, who is more liable, or more at fault, and must pay damages. The second and more recent approach is no-fault insurance, which simply allows each party to be compensated, regardless of fault, by its own insurance company for accident damages. Both approaches have their advantages and disadvantages, and the debate about which is better continues. The traditional liability litigation system developed out of the English COMMON LAW. Under this system, anyone who suffers an injury from a wrong or negligent act of another is free to sue the other party for damages. For example, someone who is paralyzed in an auto- mobile accident and becomes confined to a wheelchair may sue the other driver or drivers involved in the accident. Whether or not the injured person receives payment for those damages is largely dependent on a determination of who was more at fault in causing the accident. If, in a court of law, it is determined that the other driver is at fault, then the injured person may collect a large sum from the other driver or, if the other driver has liability insurance, from the other driver’s insurance com- pany; if it is determined that the other driver is not at fault, the injured person may not receive any payments beyond those from her or his own insurance company. This system of resolving disputes is also called the tort litigation process. In relation to automobile accidents, a tort is a civil (as opposed to criminal) wrong that causes an accident—for example, failure to practice caution while driving, thus causing a collision with another car and injuries to its passengers. As time passed and auto accidents became more frequent, some people began to point out problems in the liability litigation system for resolving accident disputes. They noted that, owing to the complicated nature of many automobile accidents, it often took a great deal of time to determine who was at fault. As a result, many accident victims had to wait a considerable period before they could receive adequate com- pensation for their injuries. Other vic- tims who may have been unable to work because of injuries, frequently settled for smaller amounts or even waived their right to a trial, in order to receive faster payment from insurance companies. Other critics of the liability litigation process claimed that the awards granted in auto accident cases varied greatly. Some people were overpaid, and others underpaid, for their damages. A better system, critics maintained, would make all drivers share in the cost of accidents. These critics began to press for a no-fault insurance system as an alternative to liability litigation. As early as 1946, the Province of Saskatchewan, Canada, enacted no-fault auto insurance. Under a no-fault system, those involved in an accident are com- pensated for their physical injuries up to a certain limit; even the driver who causes the accident is paid for damages. In its purest form, no-fault automobile insurance does not allow those involved in an accident to sue each other, nor can any party recover damages for pain and suffering. However, no-fault plans are often combined with traditional liability systems to allow accident victims to sue when damages exceed a certain thresh- old. For example, in New York, it is possible to sue to recover for economic damages greater than $50,000 or for pain and suffering because of death or serious injury. No-fault insurance plans are always compulsory, and every driver who wishes to register a vehicle must obtain at least the minimum standard of no-fault insurance. In the United States, no-fault auto- mobile insurance was first enacted by Massachusetts in 1971 (Mass. Gen. Laws GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 452 AUTOMOBILES collision damage waiver (CDW) option, which provides insurance coverage for damages to the rented car. The CDW option does not cover personal injuries or personal property damage. Operation and Maintenance The operation of an automobile on a public street or highway is a privilege that can be regulated by motor vehicle laws. The individual states derive authority to control traffic from their POLICE POWER, but often they delegate this authority to a local police force. On the national level, Congress is empowered to regulate motor vehicles that are engaged in interstate commerce. Automobile regulations are provided for the safety and protection of the public. The laws must be reasonable and should not impose an extraordinary burden on the owners or opera- tors. Such laws also provide a means of identifying vehicles involved in an accident or Ann. ch. 90 § 34A et seq. [West 1995])in response to public dissatisfaction with long, drawn-out, and expensive court cases for compensation of losses suffered in traffic accidents. In the same year, Congress considered no-fault as a com- prehensive national automobile insur- ance plan, but the proposal never became law. That unsuccessful bill evolved into the National Standards for No-Fault Insurance Plans Act, which would have set federal standards for state no-fault insurance laws. It too did not pass. Opponents of the bill claimed that the states should be allowed to experiment with this new approach before a national plan was adopted. By the mid-1990s, roughly half the states had enacted no- fault insurance plans. In arguing for no-fault insurance, advocates pointed out a number of advantages, including faster benefits pay- ment and more equal damages awards to accident victims. They claimed that no- fault insurance would reduce the number of traffic-related court cases, thereby freeing up the courts to consider other cases. No-fault, they argued, would also reduce the cost of car insurance pre- miums as the legal costs associated with settling auto-related cases decreased. Since the establishment of no-fault insurance in many states, no-fault advo- cates have bolstered their cause even more by pointing to statistics showing that no-fault plans increase the percent- age of insurance benefits payments that go to victims rather than to lawyers and court costs. According to those statistics, in states without no-fault insurance, only forty-eight cents of each dollar spent for insurance premiums goes to those in- jured in accidents, whereas thirty-two cents goes to court costs and lawyers’ fees. However, under the no-fault system in force in Michigan, for example, seventy-three cents of each insurance premium dollar goes to accident victims and four cents goes to court costs and lawyers’ fees (Carper 1992). On the other side of the issue, critics make a number of different points against no-fault insurance. Many, includ- ing trial lawyers and some consumer advocates, object to no-fault insurance’s elimination of or substantial restrictions on the right to sue for damages. Many states, for example, allow injured parties to sue for “pain and suffering” only if they have sustained specific injuries such as dismemberment, disfigurement, or fracture. Often, “soft-tissue” injuries such as whiplash are not allowed as adequate grounds for a lawsuit. Critics also maintain that no-fault insurance takes away the incentive to drive safely. Under the system of no-fault insurance, careless, negligent drivers are entitled to the same compensation in an accident as are careful, responsible drivers. In addi- tion, critics of no-fault insurance cite evidence that the system has not reduced insurance premiums. Under no-fault plans, they argue, the number of persons receiving benefits payments has in- creased, thus offsetting the reduction in legal costs. It remains to be seen whether no- fault insurance will continue to spread to other states. Nevada and Pennsylvania have tried no-fault insurance plans and repealed them, with Nevada returning to a financial responsibility law and manda- tory liability and property damage insur- ance. California has considered no-fault insurance for many years but has never adopted it. Some states are looking at compromise plans that preserve elements of both the traditional liability litigation system and the no-fault system. These plans, such as the one in New York, compensate all accident victims, regard- less of fault, for basic economic losses— including medical and hospital expenses and lost wages or services—and in the process eliminate small cases where litigation is least cost-effective. At the same time, such plans preserve the right to sue for damages in cases of death or serious injury or when damages exceed a certain amount. In the end, the question of how to handle auto accident disputes will be decided on the basis of which system— liability litigation, no-fault insurance, or a compromise between the two—is deemed better at limiting costs and at the same time preserving the value of fairness that underlies the U.S. system of justice. FURTHER READINGS Lascher, Edward L., Jr., and Michael R. Powers, eds. 2001. The Economics and Politics of Choice No-Fault Insurance. Boston: Kluwer Academic Publishers. Liao, Y-Ping, and Michelle J. White. 2002. “No-Fault for Motor Vehicles: an Eco- nomic Analysis.” American Law and Economics Review 4 (fall): 258–94. Mandell, Mark S. 1999. “What’s Wrong with Auto No-Fault: S. 625, the Auto-Choice Reform Act.” Trial Lawyers Quarterly 29 (winter): 31–42. Schwartz, Gary T. 2000. “Auto No-Fault and First-Party Insurance: Advantages and Problems.” Southern California Law Re- view 73 (March): 611–75. CROSS REFERENCES Insurance; Tort Law. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AUTOMOBILES 453 a THEFT and of raising revenue for the state by fees imposed on the owner or operator. Registration and Licensing Every state requires the owne r of a vehicle to possess two docu- ments: a c ertificate of ownership, or title, and a certificate of registr ation. Through registra- tion, the owner’sname,thetypeofvehicle, the ve hicle’s lic ense plate number , and the VIN are all registered with the state in a centra l government office. On payment of a fee, a certificate of registration a nd licen se pla tes are given to the owner as evidence of compliance with the law. The operator is required to display the l icen se plates appropriately on the car—one on the back of the vehicle and sometimes one on the front and the back—and have the certificate of registration and license in posses- sion w hile driving and ready to display when in anaccidentorrequestedtodosobyapolice officer. If a driver moves to another state, he or she must register the vehic le in that state within a certain amount of time, either immediately or within 20 to 30 days. Adriver’s license is also mandatory in every state. The age at which a state allows a person to drive varies, though it is usually 16. Other qualifications for a driver’s license include physical and mental fitness, comprehension of traffic regulations, and ability to operate a vehicle competently. Most states require a person to pass a written examination, an eye test, and a driving test before being issued a license. States generally allow an individual with a learner’spermitor temporary license to operate a vehicle when accompanied by a licensed driver. This arrange- ment enables a person to develop the driving skills needed to qualify for a license. A license can be revoked or suspended when the motorist disregards the safety of people and property, whenaphysicalormentaldisabilityimpairs driving ability, or if the motorist fails to accurately disclose information on the license application. When the state revokes a person’s license, it permanently denies that person the right to drive; when it suspends a license, it temporarily denies the right to drive. Because teenaged drivers are more likely to cause traffic accidents, several states have adopted systems of graduated driver licensing (GDL). Under this system, teenaged drivers typically first receive a learner’s permit for about six months, during which time all driving must be supervised by an adult. During the next stage, an intermediate level, teen drivers may drive at night without the supervision of an adult during the daytime but cannot drive without an adult until the age of 18, and cannot have more than one teenaged passenger in the car during unsupervised driving times. More than 30 states and the District of Columbia have adopted a GDL system. Traffic Laws Dozens of laws are related to the operation of an automobile, a large number of which vary by state. Minor traffic offenses include parking and speeding violations. More serious traffic offenses are reckless driving, leaving the scene of an accident, and driving without a license. Most states require motorists to file reports with the proper authorities when they are involved in accidents. Speed limits vary by state. In 1973, during the height of the energy crisis, Congress defined a national speed limit of 55 mph in order to reduce gasoline consumption; the 55-mph limit also had the unintended effect of lowering the traffic fatality rate. Since then, most states have returned to an upper limit of 70 mph. Two types of speed limits are imposed: fixed maximum and PRIMA FACIE. Under fixed maxi- mum limits, it is unlawful to exceed the stated limit anywhere and at any time. Under prima facie limits, it is possible for a driver to prove in certain cases that a speed in excess of the limit was not unsafe and therefore not unlawful, given the condition of the highway, amount of traffic, and other circumstances. All states require children riding in auto- mobiles to be restrained using safety belts or safety seats. Most states require adults to wear belts as well, though some require belts only for adults in the front seat. Violation of such laws results in a fine. In 1984 New York became the first state to pass a law making seat belts mandatory for adults. Driving under the Influence Driving under the influence of alcohol and other drugs is the major cause of traffic deaths in the United States. Drunk driver s kill an estimated 25,000 people per year. States use different terms to describe driving under the influence of mind- altering chemicals, or what is popularly known as “drunk driving.” These include driving under the influence (DUI), operating under the influence (OUI), and driving while intoxicated (DWI). To arrest someone fo r drunk driving, the state GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 454 AUTOMOBILES must have proof that the person is under the influence of alcohol or other drugs, and the person must be in actual physical control of a vehicle and impaired in the ability to operate it safely. Every state has “implied consent” laws that require those with a driver’s license to submit to sobriety tests if a police officer suspects they are intoxicated. These tests may include a field sobriety test (a test at the scene, such as walking a straight line), or blood, breath, or urine tests, usually administered at a police station. Refusal to take a sobriety test can result in suspension of the driver’s license. Most states have “per se” laws that prohibit persons from driving if they have a blood-alcohol reading above a certain level. Several states have lowered their per se blood-alcohol limits to 0.08 percent. Penalties vary by state but can be particularly severe for repeat offenders, often involving jail sentences and REVOCATION of driving privileges. DRAMSHOP ACTS make those who sell liquor for consumption on their premises, such as bars and restaurants, liable for damages caused by an intoxicated patron’s subsequent actions. In some states, individuals injured by a drunk driver have used such laws to sue bars and restaurants that served liquor to the driver. “Social host” statutes make hosts of parties who serve alcohol and other drugs liable for any damages or injuries caused by guests who subsequently drive while under the influence. Several national organizations have been formed to combat drunk driving. These include MOTHERS AGAINST DRUNK DRIVING (MADD) and Students Against Drunk Driving (SADD). The legal drinking age has been raised to 21 in every state, largely in an attempt to reduce drunk driving. Most states also make it illegal to transport an open alcoholic beverage container in a vehicle. Alcohol-related deaths as a proportion of all traffic deaths decreased from about 56 percent in 1982 to 47 percent in 1991. Other Crimes Criminals both target and use automobiles in a number of different types of crime. Cars have been a favorite object of theft ever since their invention. As early as 1919, the DYER ACT, or National Motor Vehicle Theft Act (18 U.S.C.A. § 2311 et seq.), imposed harsh sentences on those who transported stolen vehicles across state lines. Car theft remains a serious problem in many areas of the country and is a major contributor to high insurance premiums in many urban areas. In 1994 Congress passed the Motor Vehicle Theft Prevention Act (18 U.S.C.A. § 511 et seq.; 42 U.S.C.A. § 13701 note, § 14171 [West 1995]), which established a program whereby owners can regi ster their cars with the government, provide information on where their vehicles are usually driven, and affix a decal or marker to the cars. Owners who register their cars in the program authorize the police to stop the cars and question the occupants when the vehicles are out of their normal areas of operation. Autos are also frequently used to commit crimes. Drivers whose NEGLIGENCE ca u ses acci- dents that result in the death of other human beings may be found guilty of MANSLAUGHTER (the unlawful killing of another without MALICE AFORETHOUGHT , that is, without the intention of causing harm through an illegal act), including criminally negligent manslaughter, a crime punishable by imprisonment. Two types of crime that have received a great deal of public attention are drive-by shootings, in which occupants of a vehicle fire guns at pedestrians or at people in other cars, and car-jackings, in which criminals hijack, or take over, cars from their owners or operators, often robbing and sometimes killing the victims in the process. Because of the usually random nature of such crimes, the public has called for severe penalties for them. The VIOLENT CRIME CONTROL AND LAW ENFORCEMENT ACT OF 1994 (Pub. L. No. 103-322, 108 Stat. 1796) made killings caused by drive-by shootings or car-jackings punishable by death. Insurance Most states require the owner to acquire auto insurance or deposit a bond before a vehicle can be properly registered. Insurance provides compensation for innocent peop le who suf fer injuries resulting from the negli gent operation of a vehicle. Other states have liability, or financial responsibility, statutes that require a motorist to pay for damages suffered in an accident resulting from his or her negligence and to furnish proof of financial capability to cover damages that he or she may cause in the future. These statutes do not necessarily require vehicle liability insurance. About half of all states require that licensed drivers carry automobile insurance with liability, medical, and physical damage coverage. Liability insurance protects a vehicle owner against financial responsibility for damages caused by the negligence of the insured or other covered GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AUTOMOBILES 455 drivers. It consists of bodily injury, or personal liability protection and property damage protec- tion. Medical payments insurance covers the insured’s household for medical and funeral expenses that result from an auto accident. Physical damage insurance consists of collision coverage, which pays for damage to a car resulting from collision, regardless of fault, and comprehensive coverage, which pays for damage from theft, fire, or VANDALISM. More than 20 states also require that drivers carry coverage to protect against uninsured motorists. Such coverage allows insured drivers to receive payments from their own insurer should they suffer injuries caused by an uninsured driver. Most insurance policies offer a choice of deductible, which is the portion of an insurance claim that the insured must pay. The higher the deductible, the lower the annual insurance premium or payment. Many states have laws requiring no-fault automobile insurance. Under no-fault insur- ance, each person’s own insurance company pays for injury or damage in an auto accident, up to a certain l imit, irrespective of whose fault the accident is. Each person is entitled to payment for loss of wages or salary, not exceeding a certain percentage of the value of such loss or a fixed weekly amount. No-fault statutes provide that every person who receives PERSONAL INJURY benefits gives up the right to sue for damages. However, a person who is licensed to drive in a state that requires no-fault insurance may sue someone who has caused an accident and who is licensed in another state that does not require no-fault insurance. In some states, a person who has not obtained no-fault auto insurance is personally liable to pay damages. Some states do not abolish liability arising from the ownership, maintenance, or operation of a motor vehicle in certain circumstances, such as those in which the harm was intentionally caused, the injured person has suffered death or serious injuries, or medical expenses exceed a certain limit. States that do not have compulsory auto- mobile insurance typically have FINANCIAL RESPONSIBILITY ACTS . These laws are designed to ensure that negligent drivers who injure others will pay any resulting claims. They require a proof of financial responsibility from drivers involved in an accident. After reporting the accident to a state agency, drivers who do not have adequate insurance coverage must post a cash deposit or equivalent bond of up to $60,000, unless the other driver provides a written release from liability. Disposal The last stage in the life cycle of an automobile is its disposal and recycling. In the United States, between 10 and 12 million cars are disposed of each year. In most cases, the first stage of disposal is handled by a wrecking or salvage yard. Most states require the salvage yard to have the title to an auto before the vehicle can be destroyed and to contact a state agency regarding its destruction. This step helps to prevent the destruction of cars used in crimes. Salvage yards typically must be licensed with a state pollution control agency for hazardous waste dispo sal. Salvage yards remove parts and items of value that can be recycled from the vehicle, such as batteries and fluids. What is left of the automobile is then sold to a shredder, a business that breaks the car up into small parts and separates the metal from the nonmetal parts. Roughly 25 percent of the auto cannot be recycled and must be disposed of in a landfill. Auto residue to be disposed of in a landfill typically must be tested to see that it meets the standards for disposal of hazardous waste. FURTHER READINGS American Automobile Association. 1993. Digest of Motor Laws. Heathrow, Fla.: American Automobile Association. “Automobiles.” 1994. In American Bar Association Family Legal Guide. New York: Random House. Carper, Donald L., et al. 1995. “Owning and Operating Motor Vehicles.” In Understanding the Law. 2d ed. St. Paul, Minn.: West. Crandall, Robert W., et al. 1986. Regulating the Automobile. Washington, D.C.: Brookings. “Detroit Bailout is Set to Bring on More U.S. Oversight.” New York Times, December 8, 2008. Goodman, Richard M. 1983. Automobile Design Liability. 2d ed. Rochester, N.Y.: Lawyers Cooperative. Haas, Carol. 1991. Your Driving and the Law. Bountiful, Utah: Horizon. Kass, Stephen L., and Jean McCarroll. 2008 “Reforming U.S. Fuel Economy Standards.”New York Law Journal, January 2, 2008. Mashaw, Jerry L., and David L. Harfst. 1990. The Struggle for Auto Safety. Cambridge: Harvard University Press. Nader, Ralph.1965. UnsafeatAny Speed.New York: Grossman. Research Institute of America, Inc. 2000. Tax Consequences of Using Autos for Business. New York: Research Institute of America. Winston, Clifford, et al. 1987. Blind Intersection? Policy and the Automobile Industry. Washington, D.C.: Brookings. CROSS REFERENCES Alcohol; Automobile Searches; Collision; Consumer Pro- tection; Environmental Law; Highway; Import Quotas; GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 456 AUTOMOBILES Personal Property; Product Liability; Punitive Damages; Title; Transportation Department. AUTOPSY The dissection of a dead body by a medical examiner or physician authorized by law to do so in order to determine the cause and time of a death that appears to have resulted from other than natural causes. This postmortem examination, required by law, is ordered by the local coroner when a person is suspected to have died by violent or unnatural means. The consent of the decedent’s NEXT OF KIN is not necessary for an authorized autopsy to be held. The medical findings must be presented at an inquest and might be used as evidence in a police investigation and a subse- quent criminal prosecution. CROSS REFERENCE Forensic Science. AUXILIARY Aiding; ancillary; subordinate; subsidiary. Auxiliary or ANCILLARY ADMINISTRATION is the management and settlement of property be- longing to a decedent that is not located where he or she was domiciled. It is subordinate to the principal or DOMICILIARY ADMINISTRATION of the decedent’s property that occurs in the state where the individual was domiciled. Auxiliary administration ensures that any local creditors will be paid before the out-of-state property will be transferred for distribution under domicili- ary administration. CROSS REFERENCE Estate. AVER To specifically allege certain facts or claims in a pleading. AVERMENT The allegation of facts or claims in a pleading. The Federal Rules of Civil Procedure require that averments be simple, concise, and direct. AVOIDABLE CONSEQUENCES The doctrine that places the responsibility of minimizing damages upon the person who has been injured. The major function of th e doctrine is to reduce the damages brought about by the defendant’s m isconduct. Ordinarily, an indi- vidual cannot recover for losses that might have been prevented through reasonable effort by the person, particularly where the conduct causing the loss or injury is not willful, intentional, or perpetuated in bad faith. The rule of avoidable consequences applies to both contract and tort actions, but is not applicable in cases involving willful injury or where the PLAINTIFF could not possibly have circumvented any of the harm for which he or she claims damages. The efforts that the person who has been injured must take to avoid the consequences of the misconduct are required to be reasonable, based upon the circumstances of the particular case, and subject to the rules of common sense and fair dealing. That which is reasonably required is contingent upon the extent of the potential injury as compared with the cost of rectifying the situation, and the realistic likelihood of success in the protective effort. A plaintiff who neglects to mitigate damages will not be entirely barred from recovering such damages that he or she might have circum- vented through reasonable efforts. Included in the effort that the law requires is the payment of reasonable expenditures. The injured party need not, however, make extraor- dinary payments to prevent the consequences of the wrongdoer’s conduct. The plaintiff’s inability to produce funds to meet the situation presented can excuse efforts to reduce the injury. Breach of Contract A party injured by the breach of contract generally must exercise reasonable efforts to lessen the damages. This rule has no application in an action on a contract for an agreed compensation. Upon the breach of a contract to supply PERSONAL SERVICE or the use of some type of specific equipment or instrumentality, the individual who agrees to furnish such service or items must attempt to acquire a replacement contract if one can reasonably be found. The DEFENDANT can then prove, in attempting to reduce damages, that the plaintiff has procured other employment as well as the amount he or she earned or might have earned by exercising reasonable care and diligence. The test of the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AVOIDABLE CONSEQUENCES 457 . without Number of Motor Vehicle Sales and Leases in the United States 0.328 3. 314 13 .326 16 .9 71 0.432 3.4 01 13.465 17 .297 0.497 3.403 13 .545 17 .445 0.544 3.692 12 . 813 17 .048 0.373 3.756 12 .334 16 .462 0 5 10 . and Problems.” Southern California Law Re- view 73 (March): 611 –75. CROSS REFERENCES Insurance; Tort Law. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION AUTOMOBILES 453 a THEFT and of raising revenue for. standards in the 19 77 Clean Air Act Amendments (42 U.S.C.A. § 74 01 et seq.) and in the Clean Air Act Amendments of 19 90 (Pub. L. No. 10 1-549, 10 4 Stat. 2 399 [42 U.S.C.A. § 74 01 et seq. (19 95)]). The