Car Accident

Published on: March 2, 2016

Legal Questions Stall Roll-Out of Driverless Cars

If you are involved in an auto accident with another driver who is reckless or careless, establishing liability for injuries is fairly simple.

Minor damages are paid through one’s own insurer, per Florida’s no-fault rules. More substantial accidents may require claims or lawsuits against the other driver; their insurer should cover those damages. Where that driver lacks auto insurance or doesn’t have adequate coverage, drivers can file a claim for uninsured/ underinsured motorist benefits through their own carrier.

But what happens if the car that hits you doesn’t have a driver? The liability question is a legal snag regulators say must be resolved before these cars hit the market en masse. Continue reading →

Published on: February 28, 2016

Uber, Lyft and Others Aim of Florida Car Insurance Bill

By Dean Freeman

Ride-sharing services like Uber and Lyft have gained a groundswell of popularity in Florida and across the country, where deal-seeking customers praise the app’s ease of use and accessibility.

But Florida lawmakers say passengers are at risk when drivers aren’t required to carry the same level of insurance coverage as more traditional ride services, like taxis and limousines. Issues of coverage can get even more complicated when taxi drivers join Uber as a way to get more fares.

Two bills have been introduced, taking aim at the newer technology, though one is actually backed by the ride-share industry, while the other is firmly opposed. Continue reading →

Published on: February 24, 2016

Report: Car Insurance Costlier for Florida Renters

By Dean Freeman

Want a cheaper rate on your car insurance? Try buying a house.

That’s the revelation from a recent analysis by the non-profit Consumer Federation of America, which discovered that Florida renters, on average, pay $279 more for car insurance – or about 10 percent higher – than those who own their homes. And apparently, the insurance companies are not shy about the fact home ownership is factored into their rates, except in California, where the practice is illegal.

This is troubling on a number of levels. First, there is the fact that its discriminatory and more likely to mean that lower-income and minority communities pay higher car insurance rates. Secondly, there is the fact that insurers are making it tougher for drivers who probably need it the most to obtain adequate liability coverage. Continue reading →

Published on: February 13, 2016

New Study: Storefront Crash Barriers May Save Lives

By Dean Freeman

“Elderly driver accidentally drives into a Game Stop in Tampa.”

“5 Injured After Car Crashes Into Plantation Restaurant.”

“Car Crashes Into Central Florida Day Care, Killing One Child.”

“Disgruntled worker crashed car into Target store.”

News outlets bill such incidents as something of an oddity or a freak accident. In truth, occurrences of vehicles smashing into storefronts, restaurants and other buildings happen far more frequently than we’d like to think. In fact, the Storefront Safety Council reports such incidents occur over 60 times every day, resulting in 4,000 injuries and 500 deaths a year.

A new study by Texas A&M Transportation Institute (TTI) examined whether the storefront barriers and bollards many property owners install to prevent such instances are strong enough to accomplish their designed purpose. Continue reading →

Published on: February 4, 2016

Wuthrich v. King County – When Vegetation Blocks a Driver’s View

By Dean Freeman

The Federal Highway Administration encourages roadway agencies to adopt roadside vegetation management programs that identify the best maintenance practices for each location. An integrated approach includes:

Mowing
Cutting (mechanical and hand)
Use of herbicides
Grazing of livestock
Cultivating desirable vegetation
Re-vegetation

Essentially, drivers have to be able to see and navigate the road clearly. If overgrowth of vegetation blocks a driver’s view of roadway signs or oncoming traffic, the municipality in charge of maintenance could find itself facing a car accident lawsuit.

That’s the situation in Wuthrich v. King County, a lawsuit recently revived by the Washington Supreme Court. Continue reading →

Published on: January 27, 2016

McFadden v. Dept. of Transp. – Negligent Highway Maintenance With Pavement Drop-Off

By Dean Freeman

Plaintiff in McFadden v. Dept. of Transportation has won the right to continue pursuit of her wrongful death claim on behalf of her husband’s estate, alleging state liability for negligent highway maintenance involving a pavement drop-off. The decision was recently handed down by the Iowa Supreme Court.

The case highlights an important roadway defect that can cause serious problems for motorists – especially motorcycles and other small vehicles – on Florida’s fast-paced roads.

Pavement drop-offs and shoulder edge drop-offs are road conditions where there is a significant change in elevation or uneven pavement from one travel lane to the next or from the travel lane to the shoulder. It’s a characteristic that is known to be dangerous to drivers, and it’s generally seen as a highway engineering flaw. Continue reading →

Published on: January 22, 2016

Cleveland v. Ward – Lost Income Proof for Self-Employed Crash Victim

By Dean Freeman

Lost income and loss of employment benefits are among those factors taken into account when awarding damages to a car accident victim.

In most cases, if you’re employed by someone else, you simply request a letter from your company indicating your position, rate of pay, hours typically worked, number of hours or days missed after the accident and whether you took sick leave, vacation time or a leave of absence.

However, when victims are self-employed (as an 26 million people in the U.S. are), proof of lost income gets trickier. It’s usually advisable to hire a forensic accountant to assist in studying past income and offer a forecast of potential future income and business growth rate (or lack thereof). Continue reading →

Published on: January 18, 2016

No Car, Bike or Pedestrian Accidents Goal of Vision Zero

By Dean Freeman

City leaders and safety advocates in Fort Lauderdale have a goal: Zero traffic deaths.

No one dying on bicycles. No one killed in car accidents. No one fatally struck while crossing the street.

It’s a lofty one, considering Fort Lauderdale has a horrible track record when it comes to traffic safety. In the last five years, there have been nearly 41,000 auto accidents, 134 deaths and 1,450 injuries just of bicyclists and pedestrians, according to state and federal data. Continue reading →

Published on: January 11, 2016

Smizer v. Drey – When to Pursue Punitive Damages in Crash Case

By Dean Freeman

Most people understand that when they are involved in a car accident that was someone else’s fault, they are entitled to collect damages for serious injuries. What is less understood is the fact there are two kinds of damages: Compensatory and punitive.

While compensatory damages are intended to compensate victims for actual losses, punitive damages are intended to punish the wrongdoer and discourage similar future acts. There are certain criteria for pursuit of punitive damages, and in Florida, the criteria is described in F.S. 768.72. Plaintiffs will have to show defendant either acted with gross negligence (conduct so reckless it constituted a conscious disregard or indifference for life, safety and rights of others) or intentional misconduct.

Punitive damages aren’t applicable to every case, but they are usually worth exploring because they can substantially increase the sum owed to car accident victims. However, plaintiff attorneys must be cautious because filing for punitive damages absent a sound basis to do so may result in sanctions from the court. Continue reading →

Published on: January 4, 2016

Fatal Car Accident in South Florida Stuns Equestrian Community

By Dean Freeman

An early morning car accident in Palm Beach County claimed the lives of two renowned equestrians in South Florida, including Olympic-caliber rider Andres Rodriguez of Venezuela.

The 31-year-old Rodriguez was driving with an amateur rider Sophie Walker, 30, in a gated community near the Palm Beach Polo and Country Club in Wellington. Authorities told The Palm Beach Post it was nearly 3:30 a.m. when Rodriguez rounded a curve, lost control of his 1992 Porsche sports car and slammed into a concrete pillar.

Walker was pronounced dead at the scene, while Rodriguez died at the hospital a few hours later. Sheriff’s Office investigators have stated alcohol was a factor in the single-car crash, but have not released the details upon which that assertion is based. Continue reading →