Drivers are increasingly relying on in-vehicle technology to help them navigate, know when it’s safe to switch lanes, remain inside a lane and stop in time to avoid a rear-end collision. Yet the more advanced and commonplace this technology comes, the more questions are raised about liability when these systems…
Articles Posted in Car Accident
Man Sues Uber for Loss of Legs After Helping Move Stalled Car
He survived the loss of both legs due to crushing injuries sustained in a crash as he was helping his Uber driver move a stalled car onto the shoulder. Now, a 23-year-old California man is suing Uber, the Uber driver, Uber’s insurance carrier and the driver of the vehicle that…
Court Favors Plaintiff in Crash Lawsuit Involving Emergency Vehicle
Emergency vehicles are given special privileges and legal protections in Florida, specifically as outlined in F.S. 316.126. However, that does not mean that cities, municipalities or states (which generally own/ operate emergency vehicles as part of public service) are immune from liability when public servants are involved in collisions that…
Examining High-Low Agreements in Florida Car Accident Lawsuits
The majority of Florida car accident claims are settled prior to a trial, and one form of settlement is called a “high-low agreement.” This is when the parties in the case agree that no matter what the outcome of a case, defendant will pay a minimum amount – but no…
Car Accident Plaintiff Wins Appeal After Motive For Lawsuit Improperly Questioned
The myth of the so-called “professional plaintiff” has been pushed by certain interest groups intent on tort reform legislation, which ultimately harms those who most need relief. It’s not that auto insurance fraud is an impossibility or never-event, but it’s far less common than defense attorneys and some others would…
Seventh Circuit Caps Auto Insurer Exposure on Excess Verdict Despite Improper Refusal to Defend
Auto insurance companies have a responsibility to defend their clients when they are accused of liability. Almost all auto insurance policies make these two promises to their insureds: A promise to indemnify, which is pay for the insured’s legal liability, up to the policy limits; A promise to defend, meaning…
Named Driver Exclusion in UIM Policy Struck Down in IL, Remains Valid in FL
The Illinois Supreme Court has determined the “named driver exclusion” contained in uninsured/ underinsured motorist (UM/UIM) auto insurance policies is invalid for violation of the state’s mandatory insurance requirements and public policy where the exclusion bars coverage for the named insured. Unfortunately, the exclusion still stands for motorists in Florida.…
Construction Zone Crash Case Against Contractor Gets a Second Crack
Crashes in construction zones are an ongoing and serious problem – in Florida and beyond. The U.S. Department of Transportation reports in a single recent year, there were nearly 97,000 crashes in work zones – which represented an 8 percent increase over the previous year and a stunning 43 percent…
Sunroof Safety Questioned Amid Stagnant Standards and Crash Injuries
The sunroof is a popular vehicle feature, especially in Florida, where it can be enjoyed virtually year-round. However, a recent court case and New York Times report have highlighted safety concerns about the sunroof, particularly in rollover crashes and even when the window is closed. For anyone who may not…
Contribution Rights in Florida Car Accident Claims
In many Florida car accident claims, there is more than one tortfeasor (wrongdoer) who may be compelled to pay damages to the injured victim. Prior to 2006 and the passage of F.S. 768.81, Florida’s pure comparative fault statute, injured car accident victims could seek the full amount of damages from…