A plaintiff in a Florida car accident case is entitled to a jury trial on the issues of negligence and damages, despite a trial court’s earlier ruling to the contrary. That’s per Florida’s Second District Court of Appeal in the case of Whritenour v. Thompson, where the strategic bankruptcy filing…
Articles Posted in Car Accident
Guillen v. Vang et al – Fifth District Sets Aside Allegations of Fraud on Court
The plaintiff in a Florida car accident lawsuit was reportedly captured on surveillance cameras engaging in activities he had purportedly claimed in his deposition testimony to be unable to perform following the crash. As a result, the trial court issued a final judgment dismissing his claim in Guillen v. Vang…
Broward Traffic Safety: Accident-Avvoidance Technology Continues to Evolve
Self-driving cars may not be yet available to consumers, but they are already raising debate about the age-old man versus technology question. When a vehicle has a reaction time quicker than a human driver and can make decisions quicker than the average person behind the wheel, what are the lasting…
Pralle v. Milwicz – Winning Accident Claim Requires Proof of Injury Cause
In order to win a lawsuit against a reckless or negligent driver, one has to prove that not only was the driver negligent, but that her negligence caused the crash, and further that the crash caused the injuries alleged. Each element has to be met in order for a crash…
Enforcing Coblentz Agreement Requires Experienced Lawyer
When auto insurance companies act in bad faith by refusing or unnecessarily delaying a claim by an injured party, they may face court sanctions and penalties, in addition to being forced to pay the original claim. In cases where an insurer is acting in bad faith by refusing to cover…
Finding of Comparative Fault Can Reduce Your Compensation
In some car accident lawsuits, more than one party can be found at-fault. Fortunately, we live in a state where being partially at-fault doesn’t negate your right to collect compensation. However, per the pure comparative fault model by which the statute abides, the amount of your award is reduced proportionately…
“Dr. Vodka” Widow Files Civil Suit Against Drunk Driver in Florida
Less than a month ago, a New York booze magnate was killed in a Miami Beach crash wherein his brother-in-law was allegedly operating a $400,000 Lamborghini intoxicated at 120-miles-per-hour. The brother-in-law was seriously injured, but Double Cross Vodka mogul Malcom Lloyd was killed instantly. The driver of a sport-utility-vehicle was…
Duty of Care Must be Established in Cases of Alleged Negligence
Any time there is a pending personal injury action, it’s imperative that the plaintiff establish a duty of care owed by the defendant to the plaintiff. A lot of times in Fort Lauderdale car accident lawsuits, this is fairly simple. Any person who gets behind the wheel owes a duty…
Florida Supreme Court: Name on Title Establishes Vicarious Liability
There is an old principle of English common law that says a master can be held liable for the actions of his servant if the master places the servant in control of something dangerous and an injury occurs as a result. It’s called the dangerous instrumentality doctrine, and it’s been…
April is Distracted Driving Awareness Month in Florida
Distracted driving is a major problem in Florida, with the state highway patrol reporting nearly 40,000 crashes, 33,000 injuries and more than 200 deaths each year can be attributed to drivers who weren’t giving the road their full attention. As Fort Lauderdale car accident attorneys, we know that distraction comes…