In any car accident lawsuit, there are a number of elements that must be proven in order for the case to be successful. Those elements include:
One was a 17-year-old, just graduated from high school, on her way to the University of Miami in the fall. The other was a 29-year-old medical student, preparing to begin his clinical rotation this summer. Now, both are gone.
It happened on I-75 through Pembroke Pines, when a construction truck hauling concrete barriers pulled out into traffic on the fast-paced highway and into the path of the medical student. The truck was then struck by the vehicle driven by the 17-year-old, as concrete barriers flew out of the bed of the truck and onto her vehicle. Another large truck then barreled into the wreckage as well.
Authorities are investigating whether the concrete barrier truck, driven by a man whose commercial license had just been suspended and then reinstated days before the crash, was properly loaded and whether the driver followed proper procedure in exiting the construction site, located in the highway median.
Defendants in personal injury cases are tenacious when it comes to rooting through the records of the plaintiff.
Of course, there are often legitimate purposes served in these efforts, primarily in determining whether the causation and extent of injury are as claimed by plaintiff. But many of these efforts go too far.
Luckily, we do have the court system to keep it in check. Still, you can’t count on the judge to fight for your best interests and privacy concerns. That’s the job of your attorney.
Driver distraction is a major problem in Florida. Although texting-while-driving became illegal on state roads last year (making the Sunshine state one of the last to adopt such a measure), the law has little muscle as a secondary offense that garners only a $30 fine for the first infraction.
Meanwhile, the effects of texting or using social media or e-mailing while behind the wheel are stark, resulting in thousands of fatal crashes across the country each year.
Although there are many different types of distraction that don’t include electronic devices (i.e., fatigue, eating or drinking, adjusting the radio, etc.) those aren’t as easy to trace after-the-fact as cell phone use.
Two commercial drivers were involved in a wreck on a highway exit ramp that resulted in serious and lasting injuries to one.
A lawsuit was filed by the injured driver, and a jury returned a verdict finding zero fault by both parties. But that verdict was recently reversed by the U.S. Court of Appeals for the Eighth Circuit, after the panel determined the lower court had allowed improper admission of evidence at trial that likely had a substantial influence on the jury’s decision.
Broward County truck accident lawyers understand the primary dispute in Valedez v. Watkins Motor Lines, et al. was testimony derived from the investigating officer’s crash report, which was barred from the evidence prior to trial.
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When it comes to holding a company responsible for the negligent actions of its employee, there are several possible legal theories that may apply. The first involves holding the company indirectly (or vicariously) liable, and the second involves the assertion of direct negligence by the company, via negligent hiring, training and/or supervision.
Our Hollywood truck accident lawyers know that in crashes where commercial vehicles are involved, determining to what extent an employer is responsible is important. While drivers may carry individual liability insurance, to which injured parties may be entitled, corporate insurance policies for commercial vehicles tend to have higher limits, meaning the total amount recoverable by injured parties is likely to be higher.
However, before you can collect, your attorney is going to have to prove the driver worked for the company. This may seem simple enough. But the reality is, there are all kinds of employment arrangements, and the type the driver had in your case could be critical in determining whether you are entitled to seek damages from the employer.
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Walmart is now facing a lawsuit after the tragic trucking accident that left comedian Tracy Morgan severely injured and killed another passenger. The New Jersey accident in June made national headlines after a truck driver slammed a tractor trailer into the rear end of the comedian’s limousine. The lawsuit, filed on July 10th in the U.S. District Court in New Jersey, was filed by Morgan and three other survivors, naming Walmart as the defendant. According to the complaint, Walmart was negligent and responsible for the driver that slammed into the limousine.
In the event of a trucking accident, it is important to conduct an independent investigation to determine the cause of the accident and identify all responsible parties. Our Broward County car accident attorneys are dedicated to uncovering the facts about every case and in identifying negligent individuals and entities. In the event that a vehicle was owned by a defendant company, such as Walmart, it is important to consult with experienced advocates who can move aggressively to protect your rights. In such cases, the driver is considered an agent of the company and both can be held liable for accidents and injuries.
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Highway truck collisions can pose dangers to motorists if there is impact, but they can also create serious hazards depending on what cargo is being transported. In a recent case, a big-rig overturned on I-95 releasing approximately 16 million to 20 million bees onto a Delaware highway. The truck was transporting the bees from Florida to Maine at the time of the accident. According to police reports, the driver and his two passengers were taken by ambulance and treated at a nearby hospital. All three of the accident victims were stung by at least 50 to 100 bees.
The tractor-trailer accident and swarming bees continue to pose a risk to motorists on the Interstate. Drivers have been advised to keep their windows closed and not to pull over or stop unless they are in an emergency. Our Fort Lauderdale truck accident attorneys are experienced in handling complex cases involving collisions and highway injury. We are abreast of legal developments and cases in Florida and nationwide. Our firm is committed to holding responsible parties accountable to prevent future accidents and injury.
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Officials with the Federal Motor Carrier Safety Administration (FMCSA) recently unveiled new findings from a third-party, real-work study to help get a closer look into the hours-of-service regulations and their success.
“This new study shows more data-driven evidence that our safety standards help truckers stay well-rested, alert and focused on the road,” said U.S. Transportation Secretary Anthony Foxx.
Our Delray Beach car accident lawyers know truck accidents kill over 5,000 people and injure almost 150,000 motorists on our nation’s roads and highways each year. When commercial drivers become fatigued from excessive daily and weekly work hours, they substantially increase the risk of crashes that result in death or serious injuries. In the recent FMCSA study, researchers looked into sleepiness, reaction time, sleep habits and driving performance. The study concluded that drivers who start their work week with just one nighttime period of rest display more lapses in judgment behind the wheel, especially during the evening and early-morning hours. They also found that these drivers reported more sleepiness and increased lane deviation.
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With slick roadways and an early-morning haze, a passenger vehicle lost control on Interstate 95 in Lake Worth and slammed into a tractor-trailer parked alongside the road. According to The Palm Beach Post, the driver of the tractor-trailer was on the side of the road checking on a previous accident. Upon collision, the 68-year-old passenger car driver from Boynton Beach was killed. According to the Florida Highway Patrol (FHP), the older driver was wearing his seat belt at the time of the accident, but it wasn’t enough to save his life.
Our Lake Worth accident lawyers understand that this accident happened during the early-morning hours in rainy weather conditions. Unfortunately, low-light conditions and weather can have a serious impact on our safety behind the wheel. Remember that speed limits are for optimal driving conditions. You are responsible for adjusting your driving speed to the current road and weather conditions. For example, if the weather is bad or there is a lot of traffic, it’s recommended that you drive slower than the posted speed. The safe speed is the one that allows you to have complete control of your vehicle.
Remember that in the state of Florida, it is law that you turn on your headlights during inclement weather. The safety consideration of driving with headlights on is nothing new. Motorcycles are required to have a headlight on all the time, even in clear daylight. In addition, a number of new cars and trucks are factory equipped with daytime running lights – low-beam headlights that automatically come on when the vehicle is started, day or night.
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Fort Lauderdale Car Accident Attorney Blog