Articles Posted in Car Accident

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Florida has the most senior driver traffic fatalities in the country, according to a report released a few years ago by TRIP, a national transportation research group. The study showed that in a single year, 271 drivers over 65 were killed in auto accidents that year, and more than 500 traffic deaths of all ages involved at least one senior driver. Those totals are higher than any other state, including California, which has the most over-65 drivers in the nation (3.1 million, which is about half a million more than here in the Sunshine State). 

We can only expect these figures have increased as not only has the number of overall auto accidents and fatalities spiked in recent years, but so too have the number of over-65 drivers. Back in the 1970s, roughly half of all American seniors had a driver’s license. Today, 84 percent of them do.

Recently, a study by Pew Charitable Trusts highlighted the fact that by 2030, more than 60 million senior drivers are going to be on our nation’s roadways. Many states – including Florida – have laws already on the books that seek to restrict the licenses of elderly drivers, either through required vision tests or more frequent renewals. However, in the last few years, researchers noted, there has been reticence in state legislatures to enact additional measures – despite the growing number of older drivers. In fact, some states have even been rolling back these restrictions.  Continue reading →

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Winning a favorable verdict in a Florida auto accident lawsuit isn’t necessarily the last word in the matter. This can be good or bad, depending on which side of the courtroom you’re sitting. A series of post-trial motions can alter the verdict, resulting in less compensation, more compensation or a new trial altogether. 

When a defendant asks that the amount of damages be lowered, this is known as a remittitur. When a plaintiff asks for higher damages, this is known as an additur. Trial court judges usually will not disturb a verdict unless there is credible evidence that the jury’s award is grossly excessive or that there has been some gross error in awarding damages. Trial courts have a lot of discretion when it comes to these matters, but of course, it’s not without limit.

In the recent case of GEICO v. Isaacs, Florida’s Fourth District Court of Appeal reversed the trial court’s ruling not to disturb the jury’s damage award, finding a remittitur request from the defendant should have been granted.  Continue reading →

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With the vast majority of car accidents caused by error of the drivers involved, the National Highway Traffic Safety Administration seeks to give motorists more automated features to increase their awareness of potential hazards. The latest effort involves the advancement of Vehicle-to-Vehicle (V2V) communication systems, which the NHTSA wants to make mandatory for all cars and light trucks in the U.S. 

The agency issued a notice of proposed rulemaking on the technology, which gives cars – and other devices – the ability to transmit their location, speed, direction and other information at a rate of 10 times per second. That lets other cars (and drivers) nearby know when a vehicle ahead is braking hard or about to run a red light or changing lanes or barreling fast around a blind curve. These alerts would give drivers enough time to react and prevent a collision.

Officials with NHTSA believe this technology has the potential to mitigate or prevent the severity of 8 out of 10 crashes that don’t involve drugs or alcohol (which is about two-thirds of the total 13 million accidents that happen every year). In essence, V2V has the ability to give drivers a total 360-degree awareness of what’s happening on the road.  Continue reading →

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A car accident can have a number of different causal factors. Almost always, there is some degree of driver error by at least one motorist. In some cases, these crashes might also be the result of poor road design.

Poor road design and poor road maintenance are two different things, but they can sometimes overlap in litigation.

Government agencies that own the streets, roads and highways have a responsibility to make sure they are reasonably safe for motorists. That means using the appropriate care in the design of the roads, and also in road maintenance. Continue reading →

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Florida is a prime destination over the holidays. AAA reports that just over Thanksgiving, some 49 million Americans traveled 50 miles or more for the holiday, and more than 90 percent drove a car. Over the Christmas/ New Year’s Eve holidays, the same agency opines an estimated 100 million people will be making similar trips. 

According to CarRentals.com, three of the top 10 cities for holiday car rentals (an indication of top destinations) are in Florida. No. 2 is Orlando – just behind Los Angeles and Las Vegas.

Holiday road trips may be an annual tradition, but that doesn’t mean drivers should be complacent. There are a host of hazards that may confront drivers, and it’s important to be aware and be prepared. Continue reading →

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Although self-driving vehicles aren’t completely autonomous or vastly widespread at this point, the National Highway Traffic Safety Administration is moving in that direction. The agency not long ago crafted a formal Federal Automated Vehicles Policies that recognizes the way in which this technology could transform transportation, and the many dilemmas it faces. The policy outlines vehicle performance guidance, recommendations for national (rather than state) policies for testing, existing regulatory tools and potentially new regulatory tools.

One of those issues that has been raised – but not resolved – is how automated vehicles would handle a conflict in public safety, and how liability for resulting car accident injuries might be affected by this.

The New York Times recently explored this issue by asking who your car should save if an accident is pending? For example, what if a vehicle is faced with a situation in which it must either run off the road to avoid a head-on collision with another car or careen into a large crowd of people on the sidewalk? Whose risk should be minimized by the autonomous vehicle’s algorithm? Should the vehicle’s first priority be the protection of its own occupants? Or should it be the pedestrians who face a more serious risk of injury if struck?  Continue reading →

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The goal of any injury lawyer at trial is to win the case and obtain fair compensation for the client. Unfortunately, even the most skilled attorneys can’t promise they will win every case. Our Orlando injury lawyers strongly believe in our clients, and we will fight tenaciously for a favorable outcome. Part of doing that means preparing properly for an appeal – which actually starts even before the trial gets underway. It’s sort of like insurance: The hope is that you won’t need it, but if you do, you want to know it’s there. 

The reason this is important is that generally appellate courts will not take notice of issues and disputes that were not properly raised, challenged or preserved before the trial court.

There are many ways to do this. As The American Bar Association points out, preserving matters for appeal is usually an ongoing effort throughout trial. It involves:

  • Making sure the pre-trial record is clear and pretrial orders are carefully reviewed for error or oversight;
  • Making sure that the statements of fact are coherent, cohesive and interesting (because appellate courts will simply be reviewing the cold record of the case);
  • Making good objections to challenge to correct any misstatement of the court or defense counsel immediately;
  • Carefully reviewing/ requesting modifications to the jury charge;
  • Filing post-trial motions such as judgment notwithstanding verdict, request for a new trial, etc.

Continue reading →

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Recently, an appellate court in South Carolina ruled on a criminal appeal brought by a woman who was accused of causing a fatal car accident while intoxicated, based on toxicology reports that showed marijuana in her system, as well as cold and cough medicines. 

In the case of Kranchick v. State, defendant was challenging the expertise of the state’s primary witness, who asserted that while the marijuana in her system could have been consumed up to 24 hours previously if she was a regular user, the amounts of cold and cough medicines in her blood indicated she was not using them for therapeutic purposes. Initially, the trial court granted her request for post-conviction relief on this point, but the appellate court reversed and reinstated defendant’s original conviction and sentence – which was for 13 years in prison.

But the case raises the larger question of how much cold medicine is too much? Can driving with a cold really be as dangerous as driving drunk? What does that mean in terms of liability?  Continue reading →

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The Utah Supreme Court has affirmed the right of an individual to act as both plaintiff and defendant in a wrongful death lawsuit stemming from a fatal car accident in which they were both the negligent driver and the person who suffered the loss of a wrongful death. 

The unusual case of Bagley v. Bagley has garnered international headlines, and will now proceed to trial after the state supreme court affirmed the decision of the appellate court to reverse the trial court’s dismissal of the claim. The trial court had reasoned a person can’t be both plaintiff and defendant. But the higher courts rule it is possible when we’re talking about a person who, in the plaintiff capacity, is acting as personal representative of the estate of the decedent. So in effect, they are not suing themselves for the personal injury they have personally inflicted, but rather, the wrongful death that their loved one suffered.

We don’t expect to see a glut of these kinds of cases anytime soon, but it could open the doors for some families to recover damages from insurance where they otherwise might not have been able to do so.  Continue reading →

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While uninsured/ underinsured motorist benefits are essential for any driver, these benefits have some limitations that you should understand. Specifically, F.S. 627.727(7) limits UM/UIM coverage only to economic damages caused by car accident injuries. By this statute, legal liability of a UM/UIM insurer specifically by this statute does NOT include damages for pain and suffering, mental anguish or inconvenience UNLESS the injury is described as:

  • Significant/ permanent scarring/ disfigurement;
  • Permanent injury within a reasonable degree of medical probability;
  • Significant/permanent loss of important bodily functions;
  • Death.

A recent bad faith insurance claim asked whether a UM/UIM insurance provider wrongly failed to settle a lawsuit with an insured for the $75,000 policy limits when it could have and should have done so. In order to answer this question, it was essential to determine whether plaintiff had proven she had suffered a permanent injury within the meaning of the state’s “permanency threshold” statute.  Continue reading →

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