Articles Posted in Car Accident

Published on:

By

When it comes to auto insurance policies, too many Florida motorists purchase only the bare minimum required, so as to keep their monthly premiums low. A quarter of Florida drivers don’t have any insurance at all.

The trouble with this is two-fold. First, if you are involved in a crash with someone who is uninsured or underinsured, you will not be able to collect from them or the insurer the amount necessary to compensate you for your losses. And if you also have limited insurance – or no UM/UIM coverage – it may be extremely difficult to collect damages.

The good news is that while drivers aren’t required to carry UM/UIM coverage, insurance companies have to get a written waiver from drivers in order to drop it from the policy. Most drivers don’t do this, and that means most have UM/UIM coverage.

Continue reading →
Published on:

By

Plaintiffs in a teen car accident injury case will have to prepare for trial, after the Alabama Supreme Court reversed a default judgment against defendant.

In most cases, default judgments are not preferred in injury cases. Whereas a summary judgment may be granted prior to trial as a matter of law, default judgments are granted typically when a defendant(s) fails to timely respond to a complaint or appear in court.

Default judgments are often overturned if a defendant can show good cause why he or she did not respond/appear in court. In the case of Hilyer v. Fortier, the issue came down to a misunderstanding between the defendant and two insurance agents – each of whom though the other was handling the claim and civil defense in the case.

Continue reading →
Published on:

By

It was a horrific scene on I-75 northbound, on Florida’s east coast, near Winter Haven. That’s where authorities say a 24-year-old woman behind the wheel of a sport utility vehicle carrying nine children – ages 6 months to 10 years – plus one other adult, veered off the road, became airborne, rolled over numerous times and struck several trees.

A 2-year-old boy was killed after he was ejected from the vehicle. The other children also were ejected, and suffered injuries ranging from minor to serious. The 6-month-old is in serious condition, as is the other adult passenger, 44.

While the adult passenger wore her seat belt, authorities say none of the children wore seat belts or were properly belted in with size-appropriate restraints. There was one car seat in the vehicle, however authorities say it was not in use at the time of the crash.

Continue reading →
Published on:

By

There is an erroneous stereotype that holds old drivers are bad drivers.

The reality, however, is quite the opposite. A new report issued by the Insurance Institute for Traffic Safety indicates drivers over the age of 65, when compared to other age groups, are less likely to text and drive, more likely wear to their seat belts and rarely drink and drive.

That makes them among the safest drivers on the road. However, they are more likely to be killed if involved in a crash. The reasons for that are nuanced and individual circumstances often have much to do with it. It’s worth analyzing though, particularly as we consider that within the next decade, 25 percent of all drivers in the U.S. will be 65 or older.

Continue reading →
Published on:

By

Car manufacturers have been under fire in recent months, for everything from faulty ignition switches to exploding air bags to malfunctioning accelerators. In fact, 2014 had the most auto industry recalls in history. This indicates firstly there are many problems with vehicle design resulting in injury. Secondly, it tell us regulators are getting better at calling the industry out.

But a mere allegation of product liability is not enough to prove causation. Of course, it is easier if there are a host of prior similar cases, but even then, success isn’t a given. What will be necessary in almost each of these cases is expert witness testimony.

Usually, expert witness testimony isn’t necessary in car accident claims. But every case is different, and when a crash is the result of a dangerous or defective vehicle part, expert witness testimony bolsters the claim of causation and can help a case get passed the summary judgment phase and on to trial.

Continue reading →
Published on:

By

Errors in roadway design and construction can result in serious injuries to motorists. Because the costs incurred by injured victims is so significant, it often becomes necessary to pursue litigation in order to be compensated for those damages.

When a road or intersection is poorly designed or constructed, victims may have limited options for compensation per the Slavin doctrine. The doctrine holds that if the road owner (i.e., city, county or state) accepts the designs or construction work of the contractor, the contractor can no longer be held liable – even if the design or construction contained clear errors. Victims still have the option of taking action against the owner/overseer of the site.

In some cases, though, when injury occurs while the work is pending or underway – i.e., before it has been “accepted” – claims may still potentially be brought successfully against the contractor as well. This is what is at issue in Villaneuva v. RS&H Inc., before the Fla. 5th DCA.

Continue reading →
Published on:

By

A woman who suffered serious injuries after a patrol car driven by an on-duty Delray Beach police officer slammed into her sedan at an intersection will receive nearly $540,000 in damages, per a South Florida jury’s recent decision.

According to reports, the 56-year-old victim, a fast-food worker, suffered a head injury, compression fracture of her spine and numerous other injuries when the officer struck her at the intersection of Federal Highway and Southeast 10th Street. She nearly died.

At the time, the officer was responding to a burglary-in-progress call. Problem was, he didn’t have his emergency lights or sirens activated when he sailed through a red light – and right into plaintiff’s car.

Continue reading →
Published on:

By

It’s never desirable to be in a car accident, no matter where you are. But if it were going to happen anyway, drivers might want to avoid Florida, if WalletHub.com’s latest report is any indication.

Researchers with the financial news source rated Florida dead last in terms of the economic damage a crash victim is likely to sustain.

It’s not so much that Florida crashes are comparatively worse than those occurring anywhere else.

Continue reading →
Published on:

By

A luxury car test drive went horribly wrong for a salesman along for the ride with the son of a prospective buyer.

Although there are conflicting accounts presented in Gonsalves v. Li, what is undisputed is that the son of a man interested in buying a high-end, high-powered BMW crashed the vehicle while taking it on a test drive.

The salesman, who was in the passenger seat, asserted significant back injuries were proximately caused by the crash.

Continue reading →
Published on:

By

Florida has one of the highest rates of drivers without auto insurance in the country – nearly one in four, according to the Insurance Information Institute. That doesn’t include the significant portion of drivers who are also woefully underinsured, meaning they don’t carry enough coverage to pay for damages in the event of a significant collision.

We often talk about this problem in terms of what it means when an insured driver is struck by an uninsured driver. In these cases, insured drivers must often rely on uninsured/underinsured motorist coverage from their own insurer.

However, when an uninsured driver is struck by an insured driver, the process is slightly less complicated, so long as the uninsured driver is not at-fault. He or she may receive a citation for driving without insurance. After all, it is against the law. But in these instances, the insured, at-fault driver’s coverage should kick in to pay for coverages of injury and property damage.

Continue reading →
Contact Information
WEST PALM BEACH
5 Harvard Cir #110,
West Palm Beach, FL 33409
Phone: 561-999-9999
Fax: 561-689-4310
PLANTATION
8751 W Broward Blvd #106
Plantation, FL 33324
Phone: 954-999-9999
Toll Free: 800-561-7777
Fax: 954-979-1225
MIAMI
7685 SW 104th St #200
Miami, FL 33156
Phone: 786-517-9774
Toll Free: 800-561-7777
Fax: 954-979-1225
ORLANDO
258 Southhall Ln #140
Maitland, FL 32751
Phone: 407-999-9999
Fax: 407-956-3820

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2024, Freeman Injury Law
JUSTIA Law Firm Blog Design