Admiralty And Maritime Law

Federal maritime law governs legal disputes, such as navigation and shipping, including commerce, seamen, personal injury, towage, insurance, liens, and recreation. Federal maritime law, also known as admiralty law, also covers awards for salvaging vessels, piracy or ship hijacking.

Article III, Section 2 of the U.S. Constitution provides that cases involving maritime law are to be heard in federal courts. A plaintiff, however, pursuant to 28 USC ยง1333 may choose to file a suit in state court, but federal law will still apply in that case. Courts and the Congress seek to create a uniform law that will govern both national and international maritime issues. Current federal maritime law is composed of modern legislation, case precedents, maritime doctrines, international treaties and private contracts.

Maritime law only governs legal disputes originating on navigable waters, which include all bodies of water used for interstate and foreign commerce. This means any body of water, such as a lake or a river, within a single state is not covered by maritime law.

In the area of shipping, admiralty law applies to such issues as commercial accidents resulting in damage to vessels and cargo, injuries to seamen, and spill of hazardous material. Following an accident, litigation would arise to determine who is responsible for the lost or damaged cargo. In cases of foreign trade, the Carriage of Goods by Sea Act ("COGSA") governs. COGSA provides that a ship owner's liability is limited to $500 per container provided that the ship was in proper condition prior to departure.

One of the most complex issue that arises from maritime law cases is compensation for personal injury to passengers and seamen. This issue involves expertise of maritime law specialists. In recent years, maritime law has been increasingly applied to recreational boating accidents that occur on navigable waters. In the case of passengers of cruise ships, their legal rights arising from the negligence of the cruise ship is limited by the terms of their ticket. This means that the statute of limitations for filing a suit would be only one year, instead of three, and that notice of filing of such suit may be required in as little as six months.

Recovering compensation for personal injury is even more complicated for "seamen," defined by Jones Act as a crew member whose responsibilities meets certain requirements under the same Act. The Act governs the rights of seamen to recover personal injury compensation. The determination alone of who a "seaman" often requires consultation with a lawyer. Following the determination of whether Jones Act applies, seamen are entitled to jury trial to provide them a fair process for filing negligence claims. Should the negligent act of the employer results to the death of the seaman, the surviving family members are allowed to file suit. Moreover, personal injury litigation also delves on insurance law, adding another complex layer to the litigation and needing the expertise of specialists.

If employees do not fit the definition of "seamen" under Jones Act, they may recover compensation for personal injury under other laws, such as the Doctrine of Unseaworthiness or the law of "maintenance and cure."

Areas of Law

Traffic Law - Legal Information and Resources

Traffic Law

Driving in the United States requires two things: the driver must have a driver's license and the motor vehicle used must be duly registered. American traffic laws vary from state to state, although there are common basic rules, such as speed limit. Traffic laws form part of the more comprehensive motor vehicle law to ensure safety in roads. Motor vehicle laws are mostly regulatory laws that set up rules that should be obeyed by drivers and vehicle manufacturers. Traffic laws, on the other hand, govern the violation of motor vehicle laws.

Traffic violation laws governs unlawful activities involving a motor vehicle. Traffic violations include driving under the influence, or driving while intoxicated, driving without a license or driving with an expired or suspended license, and driving an unregistered motor vehicle or a motor vehicle with an expired registration. Traffic violations also include speeding, beating the red light, tailgating, and swerving. Other common traffic violations not wearing a seat belt and talking on a cell phone while driving.

Traffic violations can range from administrative to criminal offense, and the accompanying penalties would depend on the severity and the harm that could accompany such traffic violation. Driving while intoxicated or driving with license that was suspended as a result of the conviction of a criminal offense is a criminal offense and the conviction to these offenses can lead to incarceration. In most states, the traffic enforcement agency, usually the department of motor vehicle, gives points to a driver based on his violation. The number of points will determine the kind of penalty or sanction that the enforcement agency will impose upon the traffic violator. Traffic violation sanctions range from petty fine to suspension or revocation of driving licenses.

One of the nuances in traffic violation law is the determination of who has jurisdiction over the area where the violation was committed. Different government agencies takes charge in implementing a particular traffic in a particular location. This means that local enforcement agencies has authority to issue citations in a certain geographical area, but these areas often overlap. When faced with a traffic citation, the driver must review the citation to take note of the court that will hear the case or whether the citation requires personal appearance in court.

There are many ways to avoid points following a traffic violation. The law provides for other ways to avoid paying any monetary amount for a traffic citation. For instance, the law allows the traffic violator to attend traffic school. In addition, those who are falsely accused of traffic violations must retain the help of expert traffic violation law attorney as traffic violation, depending on the severity, is considered a criminal offense, and can have serious impact on one's life, including ability to obtain future insurance and employment. When wrongfully accused of a traffic violation, the accused can choose to go to a trial in order to argue against the violation. Going to trial, however, is a difficult and costly process, thus it is imperative to seek the help of counsel.

Areas of Law