Car Accident

Published on: January 2, 2018

Fatal Teen Car Crashes in South Florida

While we typically hear about more teen car crashes during the summer months, they can happen any time of year. There are a variety of reasons for the seemingly excessive teen crashes including the inexperience of new drivers and also the riskier behavior in which teens tend to engage. This riskier behavior also applies to driving and that can result in a serious or even deadly car accident. When a plaintiff is killed a car wreck, or dies later as a result of the injuries sustained in the serious accident, this can lead to the need to file a wrongful death lawsuit pled under a theory of negligence. This is not only true of teen drivers, but also young adults.

According to a recent news article from TC Palm, an eighth-grade student was killed in a fatal car accident at the end of the 2017/2018 academic-year winter break. The victim’s mother said her son was on his last day of the winter break and was complaining of being bored. He wanted to go out for a ride even though it was raining hard. There was no destination in mind so he was looking to go for a joyride as kids often like to do. Continue reading →

Published on: December 23, 2017

Negligent Maintenance May be Causal in Truck Crash

By Dean Freeman

Any person or business owning a vehicle is responsible to use reasonable care in ensuring the vehicle is properly maintained. An owner may be liable particularly if they had notice or were aware the vehicle had a malfunction that could affect the vehicle’s safety. An example might be failure to respond to a factory recall of the vehicle/ part, allowing tires to become “bald” and worn to an unsafe tread depth or ignoring dashboard service or warning lights for an unreasonable length of time

Section 396.3 of Federal Motor Carrier Safety Administration’s regulations requires commercial trucks to undergo systemic inspection, repair and maintenance, which is generally understood to mean a regular or scheduled program to keep vehicles in safe operating condition. The statute doesn’t specify the exact intervals, as the question of how often maintenance is needed may be fleet specific, but the carrier has to keep proper records of those inspections and repairs. Failure to do this can result in the malfunction of a part or system that could have devastating consequences on the road.

Our auto accident attorneys are committed to carefully combing through these records to determine whether vehicles were adequately maintain and, if not, whether this was a causal factor in the crash. This should be done for collisions involving any vehicle, but especially commercial trucks. Continue reading →

Published on: December 19, 2017

Study: 4 in 10 Drivers Admit to Phone Distractions Due to Their Job

By Dean Freeman

A recent survey conducted by Travelers insurance found that 4 in 10 drivers conceded they use a phone while they are driving, usually because they feel compelled to be available for work at all hours and/ or they don’t want to upset their boss.

Of the 43 percent who are on their phone while behind the wheel:

38 percent were talking on the phone;
17 percent were texting
10 percent were emailing

Of those who admitted they were engaged in work-related communication while driving, more than half were between the ages of 18 and 44. The Washington Post reports the survey was intended to analyze the common practice of people using their personal vehicle for work. Of those who responded, three-fourths said they use their own personal vehicles for some work-related function, outside of simply traveling to and from the office. This raises an interesting legal question with regard to liability for resulting crashes because someone who is acting in the course and scope of employment at the time of a crash could be eligible for workers’ compensation benefits. Additionally, if the employee was found to be at-fault, the company could be vicariously liable to pay damages to the injured victims under a legal doctrine known as respondeat superior. Continue reading →

Published on: December 12, 2017

Snowbirds: Make Sure Your Vehicle is Properly Insured, or Risk Denial of Accident Claims

By Dean Freeman

It’s important for “snowbirds” in Florida (those part-time residents who flock to the Sunshine State when the weather cools up north) to understand their obligations when it comes to car insurance. Failure to do so can result in denial of a claim.

The Florida Department of Highway Safety and Motor Vehicles notes that every vehicle registered in the state must have Florida insurance. Further, any person who has a vehicle in the state of Florida for more than 90 days during a 365-day period must purchase both personal injury protection (PIP) benefits, as well as property damage insurance coverage. Those 90 days do not have to be consecutive for this requirement to apply. Failure to do this can result in denial of a claim.

Recently in New Jersey, one man discovered the consequences of this (though the circumstances were different than a typical Florida snowbird). The New Jersey Law Journal reported the driver lived in New Jersey full-time, but registered his vehicle in Florida because the auto insurance costs were cheaper. When he was involved in a collision in New Jersey, his claim was denied on the grounds he fraudulently maintained the insurance. Continue reading →

Published on: November 24, 2017

Florida Car Accident Caused by Wrong-Way Driver Proves Fatal for Three

By Dean Freeman

Three people died recently in a wrong-way car accident in Florida, including the wrong-way driver and a newly-engaged couple who had just learned they were expecting a child.

The couple, a 24-year-old man and 21-year-old woman, were traveling on Interstate 75 near Tampa when they encountered a 21-year-old motorist traveling in the wrong direction. Authorities with the Florida Highway Patrol are investigating the crash, though it’s likely the wrong-way driver will be deemed at-fault. That will open the door for two wrongful death lawsuits against his estate. Although most people don’t have the personal funds to cover the full amount of damages, but usually there are avenues for compensation, such as personal injury protection (PIP) benefits from the victim’s insurer, bodily injury liability benefits from the at-fault driver’s insurer and uninsured/ underinsured motorist benefits from the victim’s insurer. Florida statute also allows for compensation from the vehicle owner (or the vehicle owner’s insurer), if that individual is someone different from the driver.

Wrong-way crashes are a serious problem in Florida, one that the state highway patrol and other advocates have begun trying to address with a number of countermeasures. The Florida Department of Highway Safety and Motor Vehicles reports there are approximately 1,500 wrong-way crashes in Florida annually. Not all of those are fatal, but a larger percentage of them are compared to other types of crashes. That’s because most wrong-way collisions are head-on. This type of violent crash accounts for 81 percent of all wrong-way crash fatalities. In cases where motorists are not killed, they are often seriously injured.

FHSMV reports these incidents most often occur at night and during times of transitional light (dawn/ dusk). During these hours, the agency encourages drivers to stay to the right. This can give other motorists the best chance to avoid a collision. If you see a wrong-way driver approaching, immediately reduce your speed, pull ff the roadway and call 911. Continue reading →

Published on: November 19, 2017

Wrongful Death Lawsuit Against Venus Williams in Crash Case Continues

By Dean Freeman

A fatal car accident in West Palm Beach over the summer involved tennis superstar Venus Williams. Initially, police indicated they believed Williams to be at-fault in the crash that killed a 78-year-old man, who was a passenger in a vehicle driven by his wife. However, authorities later altered their position, saying Williams was not unlawfully in the intersection. Williams was not injured in the crash.

As we are seeing with the events still unfolding, the civil case does not have to be halted by the conclusions reached by police. It is ultimately the judge and jury who make the call on civil liability. It should also be noted that the state’s comparative fault law, F.S. 768.81, allows that partial liability by a plaintiff won’t prohibit a claim from being filed. It only means that damages will be proportionately reduced. So if Williams were found to be just 1 percent at-fault for this Palm Beach County crash, decedent’s estate could collect on that 1 percent.

That’s not to say all cases with such slim odds are worth filing. However, damages in wrongful death cases tend to be substantial. Let’s say a jury finds damages in the case to be $1 million, but find decedent’s wife to be 95 percent at fault and Williams only 5 percent to blame. Once damages are proportionately reduced, that would amount to a $50,000 payout. So in a case like that, it may still be worthwhile to pursue a claim, even when the police have already made their determination. The conclusions of law enforcement investigators will only be one piece of the evidence. Continue reading →

Published on: November 11, 2017

Auto Insurer Pays Families of Teens Who Died in Stolen SUV, Despite Their Fault

By Dean Freeman

Although Florida is a “no-fault” state when it comes to auto insurance, personal injury protection (PIP) benefits (paid to insureds, regardless of who is to blame) only goes so far. You’ll get up to $2,500 for emergency medical coverage and up to $10,000 total for medical expenses. If you’re in a serious crash, that won’t go far. PIP also won’t cover your damages for pain and suffering. However, you can step outside of the no fault law and file a liability claim against the at-fault driver for damages that extend beyond PIP, but only if you’ve suffered a disabling condition, permanent scarring, broken bones or your loved one died.

You can’t expect, though, that it will be an easy win. In most cases, insurers put up a fight, whether it’s about the issue of liability or how much they should pay in damages. The fact that this is the norm made it somewhat rare when recently a big name auto insurer agreed to pay the maximum limit on a liability policy to the families of three teens killed in a crash – even though the teens were almost certainly at-fault and the insured was also injured.

According to the Tampa Bay Times, a representative for the insurer insisted that while there was no evidence the insured was at-fault, it was only trying to protect its 29-year-old insured when it paid out $20,000 – the liability limit on the policy – to the families of the three teens who died in the crash and a fourth who survived, but was injured. The insured was injured too, and is still using a wheelchair and enduring physical therapy. Continue reading →

Published on: November 5, 2017

$45 Million Verdict for Family of Med Student Killed in South Florida Truck Accident

By Dean Freeman

Professional drivers – and truckers especially – have a responsibility to use great care because it’s well-known that larger vehicles have the potential for greater harm when they are involved in a collision. When they fail to use reasonable care, they may be held accountable.

Jurors in Palm Beach County awarded $45 million to the parents of a medical student who was killed in a May 2015 crash involving a tractor-trailer in a construction zone. The construction company was ordered to pay $35 million in damages while the driver of the truck crash was ordered to pay an additional $10 million.

Another wrongful death lawsuit for the loss of a 17-year-old girl in that same crash is still pending. She had just graduated high school and was looking forward to attending the University of Miami on a full scholarship.

The truck driver who was operating the flatbed truck with an unsecured load of concrete barriers was charged earlier this year with one count of reckless driving causing serious bodily injury (the medical student’s 25-year-old passenger was badly hurt in the crash) and two counts of vehicular homicide. His criminal defense attorney called the incident a “tragic accident.” However, as injury attorneys in Fort Pierce, we find the term “accident” lacking – not because the driver intended harm, but because these are avoidable scenarios when drivers use reasonable care to prevent foreseeable harm.
Continue reading →

Published on: October 19, 2017

Relate Back Rule Can Be Applied in Some Florida Injury Cases Where Statute of Limitations Has Expired

By Dean Freeman

Florida law – specifically, F.S. 95.11(3) allows claims of damages for personal injury resulting from negligence (such as those for car accidents) must be filed within four years. This is the statute of limitations. The circumstances under which one can file an injury lawsuit after for years are extremely limited.

However, there is one means by which a new legal claim for which the statute of limitations has expired could be raised: In an amended complaint, so long as they are based on the same facts set out in the original complaint. In fact, the Florida Supreme Court just ruled on this issue to clarify earlier this year. Previously, there had been two lines of interpretations on the “relate back doctrine” (Florida Rules of Civil Procedure 1.190) in the state’s appellate courts. Justices stated in the new opinion that they sided with the interpretation making it clear an amendment asserting a new cause of action can relate back to the original pleading – so long as the claim arises out of the same conduct, transaction or occurrence as the original. That ruling makes it less complicated to amend complaints and counterclaims.

The case that clarified the rule was actually a family business deal gone south – not a personal injury case – but the rule can be applied to injury cases all the same. Recently, the Arizona Supreme Court did consider an injury case involving the relate back doctrine. Although that ruling technically has no bearing on Florida cases, state high courts will often review sister court rulings in considering how to proceed when similar circumstances arise. Continue reading →

Published on: October 11, 2017

Company Sued for Alleged Improper Installation of Tires Leading to Fatal Crash

By Dean Freeman

When you take your vehicle for repair or service, you have the right to expect the work will be performed competently. That’s part of the duty of care held by the party servicing the vehicle. When the servicer or repair shop fails in this duty, resulting in injury, it can be cause for legal action.

Auto mechanic liability alleges the mechanic or shop is responsible to pay damages caused by negligence. For instance, if a mechanic rotates the tires on a vehicle but does not properly reattach the lug nuts on one of those wheels and it results in an injurious crash, that could be cause for injured parties to seek damages against the mechanic. Shops may also be liable if they negligently hire mechanics who are not properly qualified for the work they perform.

Recently in Massachusetts, parents of a teen killed in a car accident filed a wrongful death lawsuit against the auto repair service that had allegedly improperly installed tires on her vehicle. Continue reading →