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The family of a man killed when logging equipment from an over-sized vehicle toppled onto his vehicle on a bridge over the Mississippi River prevailed recently in an appeal by the logging company and owner.

The U.S. Court of Appeals for the Eighth Circuit affirmed the jury’s award of $3 million in damages in Brown v. Davis, rejecting defense arguments that decedent’s own negligence in speeding broke the chain of causation set in motion by defendant’s failure to stop decedent’s car from entering the bridge in the first place.

This was an over-sized vehicle and it physically could not traverse the bridge without one wheel being partially over the center line. That meant opposite-direction traffic had to be stopped before the truck could proceed. Continue reading →

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The Florida Supreme Court came out strongly against insurance companies that delay, deny and low-ball legitimate claims in the recent decision, Fridman v. Safeco Ins. Co. of Ill.

At issue on appeal before the court was whether an auto insurance company could file a confession of judgment on the eve of trial and avoid a bad faith insurance claim. The answer was no.

This was a case where an insurance company dragged its feet for four years, denying an uninsured/underinsured motorist (UM/UIM) claim. Even when the plaintiff filed notice of intent to file a bad faith lawsuit, the company didn’t respond. And then when the plaintiff filed the lawsuit, the company still didn’t respond, and nor did the company answer when plaintiff offered to settle for the policy limits of $50,000. It wasn’t until a month before the trial was scheduled that insurer sent a confession of judgment and a $50,000 check. Continue reading →

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If you are involved in an auto accident with another driver who is reckless or careless, establishing liability for injuries is fairly simple.

Minor damages are paid through one’s own insurer, per Florida’s no-fault rules. More substantial accidents may require claims or lawsuits against the other driver; their insurer should cover those damages. Where that driver lacks auto insurance or doesn’t have adequate coverage, drivers can file a claim for uninsured/ underinsured motorist benefits through their own carrier.

But what happens if the car that hits you doesn’t have a driver? The liability question is a legal snag regulators say must be resolved before these cars  hit the market en masse. Continue reading →

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Ride-sharing services like Uber and Lyft have gained a groundswell of popularity in Florida and across the country, where deal-seeking customers praise the app’s ease of use and accessibility. 

But Florida lawmakers say passengers are at risk when drivers aren’t required to carry the same level of insurance coverage as more traditional ride services, like taxis and limousines. Issues of coverage can get even more complicated when taxi drivers join Uber as a way to get more fares.

Two bills have been introduced, taking aim at the newer technology, though one is actually backed by the ride-share industry, while the other is firmly opposed.  Continue reading →

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Want a cheaper rate on your car insurance? Try buying a house. 

That’s the revelation from a recent analysis by the non-profit Consumer Federation of America, which discovered that Florida renters, on average, pay $279 more for car insurance – or about 10 percent higher – than those who own their homes. And apparently, the insurance companies are not shy about the fact home ownership is factored into their rates, except in California, where the practice is illegal.

This is troubling on a number of levels. First, there is the fact that its discriminatory and more likely to mean that lower-income and minority communities pay higher car insurance rates. Secondly, there is the fact that insurers are making it tougher for drivers who probably need it the most to obtain adequate liability coverage.  Continue reading →

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Older models of Jeep Cherokee vehicles have been implicated in 270 traffic deaths so far and thousands of lawsuits. Now, in the latest of those, which involves two decedents and 17 defendants, alleges FCA – the company that used to be known as Chrysler – knew about a fatal defect in the vehicle design and dragged its feet on issuing a recall. 

Ultimately, manufacturers recalled more than 1.6 million Jeep Grand Cherokee vehicles made between 1993 and 2004. But that was almost three years after consumer advocate Ralph Nader first called for the manufacturer to issue a recall. Nader in 2011 called the vehicles, “a modern day Pinto for soccer moms” that was prone to burst into flames when struck from behind.

It wasn’t until 2014 that Jeep first announced it would offer a “fix” – a trailer hitch installed between the rear axle and bumper. Many questioned whether that alone was adequate. Continue reading →

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“Elderly driver accidentally drives into a Game Stop in Tampa.”

“5 Injured After Car Crashes Into Plantation Restaurant.”

“Car Crashes Into Central Florida Day Care, Killing One Child.”

“Disgruntled worker crashed car into Target store.”

News outlets bill such incidents as something of an oddity or a freak accident. In truth, occurrences of vehicles smashing into storefronts, restaurants and other buildings happen far more frequently than we’d like to think. In fact, the Storefront Safety Council reports such incidents occur over 60 times every day, resulting in 4,000 injuries and 500 deaths a year.

A new study by Texas A&M Transportation Institute (TTI) examined whether the storefront barriers and bollards many property owners install to prevent such instances are strong enough to accomplish their designed purpose. Continue reading →

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The Federal Highway Administration encourages roadway agencies to adopt roadside vegetation management programs that identify the best maintenance practices for each location. An integrated approach includes:

  • Mowing
  • Cutting (mechanical and hand)
  • Use of herbicides
  • Grazing of livestock
  • Cultivating desirable vegetation
  • Re-vegetation

Essentially, drivers have to be able to see and navigate the road clearly. If overgrowth of vegetation blocks a driver’s view of roadway signs or oncoming traffic, the municipality in charge of maintenance could find itself facing a car accident lawsuit.

That’s the situation in Wuthrich v. King County, a lawsuit recently revived by the Washington Supreme Court.  Continue reading →

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Plaintiff in McFadden v. Dept. of Transportation has won the right to continue pursuit of her wrongful death claim on behalf of her husband’s estate, alleging state liability for negligent highway maintenance involving a pavement drop-off. The decision was recently handed down by the Iowa Supreme Court. 

The case highlights an important roadway defect that can cause serious problems for motorists – especially motorcycles and other small vehicles – on Florida’s fast-paced roads.

Pavement drop-offs and shoulder edge drop-offs are road conditions where there is a significant change in elevation or uneven pavement from one travel lane to the next or from the travel lane to the shoulder. It’s a characteristic that is known to be dangerous to drivers, and it’s generally seen as a highway engineering flaw. Continue reading →

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Lost income and loss of employment benefits are among those factors taken into account when awarding damages to a car accident victim.

In most cases, if you’re employed by someone else, you simply request a letter from your company indicating your position, rate of pay, hours typically worked, number of hours or days missed after the accident and whether you took sick leave, vacation time or a leave of absence.

However, when victims are self-employed (as an 26 million people in the U.S. are), proof of lost income gets trickier. It’s usually advisable to hire a forensic accountant to assist in studying past income and offer a forecast of potential future income and business growth rate (or lack thereof).  Continue reading →

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