Articles Posted in Car Accident

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A roaming black bear was reportedly the catalyst for a five-car crash resulting in the death of three good Samaritans and injuries to four others. Authorities report a group of duck hunters from Miami-Dade stopped to help a motorist whose vehicle was rendered disabled after a collision with a 430-pound black bear on Interstate 75 in Seminole.

As they were pulled over, a passing sport utility vehicle sideswiped one of the pickup trucks and then rolled over several times, striking several of the helpers and other vehicle as well.

Those killed – ages 43, 44 and 46 – were pronounced dead at the scene. At least two others suffered injuries classified as critical.

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Most people give little thought to the guardrails that line countless highways throughout Florida and across the U.S. The purpose of these devices is to deflect vehicle occupants from careening into opposite lanes of traffic, off dangerous hillsides or from overturning. They aren’t 100 percent effective and they won’t usually prevent crashes, but they are intended to minimize the overall impact.

Unfortunately, several companies that make the rails have reportedly undertaken a cost-saving design measure that appears to have endangered public safety. Several different lawsuits against at least two major manufacturers of the devices allege designs were altered so that the edges are no longer cushioned or flat. This has reportedly resulted in the steel rails becoming “spear-like,” impaling vehicles rather than softening the blow, causing severe injuries and even deaths.

One of the largest manufacturers, Trinity Industries Inc., just lost a $175 million federal lawsuit alleging it changed the designs without the required approval from the U.S. Department of Transportation. Several more injury and wrongful death lawsuits against the company are pending, and 30 states have prohibited new installation of guardrails made by this company.

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Umbrella insurance policies can provide great relief, both to policyholders and those injured as a result of negligence by policyholders.

While Florida law requires drivers to retain a minimal level of auto insurance, umbrella insurance policies aren’t mandated, but they can cover liability damages stemming from a crash. So if one’s auto insurance maximum isn’t enough to fully compensate injured parties for wreck-related costs, the next move would be to see if any other applicable insurance policies may be in place.

Because many people don’t carry umbrella insurance, injured parties usually go straight to their own carrier for uninsured or underinsured motorist coverage, which is supposed to cover the difference between the at-fault driver’s coverage and actual damages, up to the policy limit. But, when the negligent party does have an umbrella policy, your own carrier may require that you make a claim under that policy first, before pursuing UM coverage.

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A car accident that results in one or more vehicles being submerged in water can be terrifying for victims, and deadly. According to recent reports, Florida has the highest rate of car accident drowning deaths in the nation. Even in a minor accident, a passenger may struggle inside the vehicle to escape and thereby drown. In an Orlando case this year, witnesses saw a woman alive in her car as it sank in a lake. Authorities were not able to find the vehicle for weeks, despite witnesses who reported where it went down. This is only one example of a real threat in Florida — as the state that leads the nation in the number of individuals who drown in their cars every year.

According to reports, there were 49 victims of crash drowning in Florida between 2008 and 2012. Texas, holding the number two spot for fatality rates, had 18 crash drownings reported during the same period of time. The National Highway Traffic Safety Administration suggests that these numbers may actually understate the reality of the problem. According to the NHTSA, Florida had an average of 57 deaths per year, and a total of 384 nationwide. The federal studies have a higher number of incidences reported because they also incorporate death certificates in addition to crash record. The federal agency incorporates death records that are not on public record. According to an analysis of all the documentation, Florida is leading the nation in car accident drownings, and most of the deaths are concentrated in the South Florida region. The highest rate of accidents occurred in Palm Beach County, Broward and Miami-Dade.

There are a number of reasons why Florida has the highest rate of car accident drownings. For one, the state has hundreds more mile of roads with water frontage than in other states. This includes natural waters, such as lakes, as well as man-made retention ponds that road builders are required to dig in accordance with state and local environmental laws. Experts who have studied the high rate of crash drowning accidents blame the Florida roadside canals. Critics and safety advocates also suggest that there aren’t enough guard rails and that state highways are not build to federal safety standards.

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Last year, a 20-year-old Coral Springs woman Tweeted she was “2 Drunk 2 Care” shortly before leaving a work-related party at a restaurant where alcohol was served. She then got behind the wheel of her vehicle and drove the wrong way on the Saw Grass Expressway, killing two other young women, both 21, who were headed in the proper direction.

One wonders if the 20-year-old cares now. Her ex-employer likely does, after learning it has been named as a defendant in a dram shop liability lawsuit. Already named in the litigation are the driver, a friend who loaned her the vehicle and the restaurant. Now, it is asserted the employer, too, was responsible for hosting a party and allowing underage consumption of alcohol, resulting in injury and/or death.

The now-21-year-old driver is being held in Broward County Jail on $600,000 bail, where she faces DUI manslaughter charges, as well as charges of vehicular homicide, and driving without a license causing death.

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In the recent case of Bolding v. Kindel Concrete, LLC, there was no question plaintiff had been hit by a truck driven negligently by a concrete firm. She eventually settled the case against the driver. However, her claim against the driver’s employer failed because the Wyoming Supreme Court found she had not adequately proven causation and future medical damages.

Although this is an out-of-state case, the same general principles are applicable to truck accident victims in Florida. It’s not enough to show the accident occurred and evidence of injuries. There must be significant evidence that one is related to the other.

Additionally, the burden of proof regarding damages is also on the back of the plaintiff. It’s not enough to simply assert a given figure. For example, to assert damages for medical expenses, one must provide concrete evidence of necessary medical treatments, bills, physician testimony regarding future treatment and therapies and cost estimates for each.

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When searching for a car accident lawyer, it’s important to understand how someone with extensive experience in different realms of law can further your interests tremendously. That’s because so many cases have factual elements that cause the central arguments to veer off into other areas of law. For example, a trucking crash lawsuit against a carrier could result in disputes over the employment status of the driver. In other situations, a crash in private driveway or parking lot could result in a premises liability lawsuit.

That was the case recently in Cheeks v. AutoZone, Inc., where a pedestrian accident in Mississippi became a premises liability claim against the owner/operator of the store parking lot where the crash happened.

According to court records, plaintiff and a friend went to an auto parts store to buy parts to finish working on several vehicles, as they had been commissioned to do.The store had parking on either side of the building, with an angled storefront glass entryway. The main entrance had a raised sidewalk and several bollards (or thick posts) blocking the glass doorway.

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Auto insurance companies have an obligation to act reasonably in paying legitimate claims in a timely manner. When they do not, the courts may find they have acted in “bad faith.”

For the policy holder (or other injured party), a finding of bad faith can result in compensation that far exceeds the original policy amount. Both the courts and the legislature have authorized these severe sanctions as a means to compel insurers to act in good faith. But inevitably, examples of insurers acting in bad faith persist.

Recently, in GEICO v. Paton, Florida’s Fourth District Court of Appeal held the policy holder was not required to prove damages twice in two separate trials relating to the same injury – once in the underinsured motorist trial and the second in the bad faith trial. Rather, the court held, the jury’s finding of excess damages in the first trial would be sufficient proof of damages in the subsequent bad faith insurance action.

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Negligent drivers pose a serious hazard to other motorists, their passengers, as well as pedestrians and bystanders. In a recent collision, a woman crashed into a restaurant in Pinecrest and struck a man who was sitting on a bench. According to police reports, the victim was sitting in front of the restaurant when witnesses saw a car come barreling through the parking lot. The vehicle jumped a curb and struck the man before coming to a stop. Investigators reported that both of the man’s legs were broken as he was thrown backwards into a window.

Victims of negligent driving will often suffer serious or catastrophic injuries. These injuries can be debilitating, resulting in lost wages, medical expenses, and long-term care needs. Our Fort Lauderdale car accident attorneys are experienced in helping victims and their families who have suffered losses related to car accidents. We will take the time to review your case, identify your losses, and pursue maximum compensation on your behalf. For those who are involved in a car accident or collision, it is important to work with an advocate who can perform an independent investigation and protect your rights through settlement negotiation or trial.
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Technological advancements can improve safety for drivers, passengers, and other motorists sharing the road. A California entrepreneur is designing and marketing new lighting technologies for vehicles to improve safety on the road. According to a USA Today report, the entrepreneur is pitching new LED light systems to automakers, hoping that they become a standard safety feature for future vehicles. Improved lighting can make your vehicle more visible to other drivers, bicyclists and pedestrians to prevent future accidents and injuries.

One of the problems with existing lighting designs is that there are blinds spots on both sides of the car. If you are in a blind spot, you may miss that another driver has turned on their blinker. His lighting system helps to mitigate this issue through LED lights that wrap around the vehicle. Our Fort Lauderdale car accident attorneys are dedicated to raising awareness to prevent future accidents and injuries. We are also abreast of recent developments and technological advancements that can improve motorist safety.
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