Articles Posted in Car Accident

Florida is known for its boating culture and any driver knows the importance of proper hitching. A boat that becomes unhitched can be deadly, causing serious risk of injury and fatality to other motorists sharing the road. In a recent case, a driver stopped in the middle of the roadway to check his hitch and the back of the boat was struck by an oncoming vehicle. The boat came off the trailer and ended up on the opposite side of A1A near the Rick Air Force Base. The accident is a reminder to all drivers to make sure boats are properly hitched before getting on the road. Drivers who stop on the shoulder are also in serious danger of accident or injury.

Authorities report the driver was headed south in a 2006 Dodge truck when he stopped on the road to check the trailer connection to his boat. The passenger in his truck got out and attempted to direct traffic around the truck, trailer and boat. Another driver was distracted, also heading south on A1A and struck the rear of the boat. When the boat came unhinged, the trailer was hurled across the road and hit the fence. Passengers in both vehicles suffered injuries and both drivers were cited, one for improper stopping, and the other for distracted driving. Our Fort Lauderdale car accidents attorneys are dedicated to helping victims recover compensation and in preventing future accidents and injuries.
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There are many situations in which a worker’s operation of an employer-owned vehicle will automatically place the company in a position of liability. This is especially true in Florida, where motor vehicles are considered “dangerous instruments,” and merely entrusting it to another who acts negligently can mean some degree of responsibility.

However, the recent case of Travelers Property Casualty Co. v. Moore, et al. illustrates that this extension of liability is not limitless. While our Broward County car accident attorneys would point out the circumstances in this situation were exceptional, and involved an alleged intentional tort, the case does show how the details of employment law can factor in to an injury case.

Here, the case started with two vehicles, side-by-side in a driveway. One was the personal vehicle of the resident, and the other was a van owned by his employer that he used for work. On the day in question, two tow truck operators arrived at the man’s residence to repossess his personal vehicle. The man was upset. After speaking to him briefly, the two truck workers began to hitch up the personal vehicle to the tow apparatus.
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The South Carolina Supreme Court recently in the case of Williams v. GEICO ruled that step-down provisions in auto insurance policies are contrary to the public well-being, and are therefore void.

Why does this matter for those of us here in Florida?

Because, as our Hollywood car accident lawyers know, South Carolina had been one of a handful of states – Florida included – that allows insurers to contain a clause in their policy that lowers limits to state minimums for permissive drivers.

When certain users are granted only the state minimum coverage, as opposed to the full policy limits to which they would normally be entitled, this is called a “step-down provision.” Usually, these clauses indicate that for an insured person other than you (a relative, resident of your home, etc.), the insurer will only provide limits of up to the financial responsibility of the law in which the crash occurs.
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Uninsured motorist coverage is a smart way for drivers to protect themselves in the event they are involved in a crash with a driver who lacks insurance. This is especially important here in Florida because this is the fifth-highest state for uninsured motorists, with one out of ever four drivers lacking coverage, according to the Insurance Research Council.

Even those who do have coverage may only be carrying the bare minimum, which means it won’t be enough to cover your medical expenses and other costs. This is the purpose of UM/UIM coverage. Your insurer steps in to help cover the difference.

But of course, as our Fort Lauderdale car accident attorneys know well, insurers have many ways of mitigating their losses, including outright denial of legitimate claims and numerous provisions that limit the total payout you can receive. This is coverage for which you pay and to which you are entitled. More often than not, however, motorists are going to need the help of an experienced attorney if they have any hope of collecting.
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With recent tragedies making headlines, more parents are becoming aware of the dangers of leaving their children in hot cars.

In some cases, parents forgetfully have left their children behind or did not realize that their children crawled into a hot car until it is too late. Now innovation is responding to the dangers of hot cars with technology that could prevent accidental death. According to a report published by the National Highway Traffic Safety Administration, new technologies are making advancements to prevent heat stroke and to alarm parents of children who may have been left behind.

Researchers have found that once the windows are up and air conditioning has been turned off, a car can quickly rise in temperature, over 120 degrees on an 80 degree day. Leaving children even for a few minutes can be deadly. Our Fort Lauderdale car accident attorneys are dedicated to raising awareness to prevent future accidents and injuries. We are also abreast of recent trends and innovations to ensure car and road safety. Here are some technological advancements, highlighted by CBS News, that could help remind parents and other caretakers to ensure children are out of a parked vehicle:
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The tragic death of a young woman following a Florida car crash prompted her parents to file a lawsuit against the driver who struck her head-on after she was rear-ended while attempting to pass a semi-truck.

In preparation for that lawsuit, the plaintiffs requested the defendant undergo a compulsory medical exam, asserting the defendant’s age, mental state and alleged dementia (as asserted by a plaintiff’s expert witness) were factors in the crash.

West Palm Beach car accident lawyers know it’s common for compulsory medical exams to be requested of plaintiffs in injury cases. This is because the plaintiff’s injuries are an essential element of the case, upon which issues of causation and damages rest.
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An ambiguously-worded insurance policy was cited by Florida’s First District Court of Appeal in its reversal of an earlier summary judgment in favor of the insurer. Instead, the court ruled, the plaintiff’s request for coverage of all reasonable medical expenses related to the crash – without limit of liability – should be honored.

The case of Spaid v. Integon Indemnity Corp. is just one of many examples in personal injury cases where the exact language of the insurance policy requires careful analysis by an experienced Fort Lauderdale car accident lawyer.

According to the background facts provided in the court records, the crash in question occurred in February 2011 in Pensacola. The plaintiff/policy holder was injured and incurred more than $10,000 in medical bills as a result.
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In successfully securing damages for our clients injured in Fort Lauderdale car accidents, our attorneys must generally prove two key points: Fault of the defendant driver and proof of injuries incurred as a direct result of the defendant’s negligence.

Of course, every crash case presents its own unique and sometimes complex legal issues, but these are typically the two primary points necessary in order to obtain compensation.

In the recent case of Loyacono v. Travelers Insurance Company, those two points were virtually undisputed. And yet, the jury returned a verdict awarding the plaintiff $0 in damages. This set off a series of appeals, with the case going all the way to the Mississippi Supreme Court, which affirmed the appellate court decision to remand the case back to trial – though there was still disagreement as to the legal justification for that decision.
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Florida’s most critical industry is tourism, so we tend to have a large number of individuals at any given time who rent vehicles while traveling in our state.

While these individuals bring dollars to our state, they unfortunately sometimes cause crashes as well. Visitors may be unfamiliar with the area, unfamiliar with the vehicle, distracted, drunk and potentially very fatigued after a long trip.

For years, rental car companies could be held vicariously liable for negligent customers under the same standards as private citizens who allowed third-parties to drive a vehicle. The problem, as our Hollywood car accident lawyers know, was that state laws vary when it comes to liability, so the federal government sought to establish a uniform standard via the Graves Amendment. This statute had the effect of carving out an exception to vicarious liability for rental car companies.
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Anyone who has ever struck a deer or other large animal recognizes the extensive damage such an impact can cause.

While there is no way to sue wildlife, Deerfield Beach car accident attorneys know you are entitled to take legal action if the large animal you hit is owned by someone who negligently failed to keep it in a proper enclosure. Prime examples would be cattle or horses, but could also potentially include goats, sheep and pigs.

A stronger case be made if it’s proven the animal owner has a history of being derelict in keeping the animal away from public roads.
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