City leaders and safety advocates in Fort Lauderdale have a goal: Zero traffic deaths.
No one dying on bicycles. No one killed in car accidents. No one fatally struck while crossing the street.
It’s a lofty one, considering Fort Lauderdale has a horrible track record when it comes to traffic safety. In the last five years, there have been nearly 41,000 auto accidents, 134 deaths and 1,450 injuries just of bicyclists and pedestrians, according to state and federal data. Continue reading →
Most people understand that when they are involved in a car accident that was someone else’s fault, they are entitled to collect damages for serious injuries. What is less understood is the fact there are two kinds of damages: Compensatory and punitive.
While compensatory damages are intended to compensate victims for actual losses, punitive damages are intended to punish the wrongdoer and discourage similar future acts. There are certain criteria for pursuit of punitive damages, and in Florida, the criteria is described in F.S. 768.72. Plaintiffs will have to show defendant either acted with gross negligence (conduct so reckless it constituted a conscious disregard or indifference for life, safety and rights of others) or intentional misconduct.
Punitive damages aren’t applicable to every case, but they are usually worth exploring because they can substantially increase the sum owed to car accident victims. However, plaintiff attorneys must be cautious because filing for punitive damages absent a sound basis to do so may result in sanctions from the court. Continue reading →
An early morning car accident in Palm Beach County claimed the lives of two renowned equestrians in South Florida, including Olympic-caliber rider Andres Rodriguez of Venezuela.
The 31-year-old Rodriguez was driving with an amateur rider Sophie Walker, 30, in a gated community near the Palm Beach Polo and Country Club in Wellington. Authorities told The Palm Beach Post it was nearly 3:30 a.m. when Rodriguez rounded a curve, lost control of his 1992 Porsche sports car and slammed into a concrete pillar.
Walker was pronounced dead at the scene, while Rodriguez died at the hospital a few hours later. Sheriff’s Office investigators have stated alcohol was a factor in the single-car crash, but have not released the details upon which that assertion is based. Continue reading →
For years, state officials in Oregon dragged their heels when it came to putting up barriers they knew were needed along the interstate. They knew the deadly consequences for failing to do so, and yet set other priorities, vote after vote, year after year.
Then in 2014, a psychiatrist and mental health counselor were carpooling to work at a local hospital one morning when a pickup truck, thrown off course by a torrential downpour and a speeding oil truck, came careening from the other side of the highway, across the raised dirt median and directly into their lane. The health care workers were struck head-on and both were killed.
The widow of the deceased driver happened to be a commissioner for the City of Portland. She vowed enough was enough. She pushed state legislators and the governor into passage of the “Fritz-Fairchild Act,” so named after the victims, that gave the state a six-year timeline to install $20 million worth of cable medians along 100 miles of protected highway. She also settled for $1.45 million a pending lawsuit against the state, alleging negligent highway design. Evidence had been presented indicating state officials knew not only were the dirt berms in the median ineffective at preventing cross-over crashes, they may have actually made them worse by serving as a “launching pad.” Another negligence lawsuit for $9.5 million brought by the commissioner against the pickup truck driver and the oil truck company is still pending. Continue reading →
Broward County Transit is coming under fire for its continued employment of a bus driver who in two decades of service has racked up:
Troubles with his employment started little more than a week after he was hired, and have continued through this year. In 2013, he caused a four-vehicle pileup on Interstate 95 that resulted in serious injuries to one of the women involved. Broward county commissioners recently signed off on a $75,000 settlement to resolve her personal injury claims against the county for negligent hiring, supervision and vicarious liability.
The driver, 62, is still on the job and isn’t set to retire for another five years. Continue reading →
The Alabama Supreme Court affirmed a $15 million dram shop verdict in favor of four plaintiffs – three seriously injured and the mother of one killed – in a drunk driving accident eight years ago.
Decedent was a 13-year-old boy. Two older teen passengers were seriously injured, as was the teen driver.
The 19-year-old behind the wheel had purchased liquor from a local convenience store that had a reputation among youth for selling booze to underage consumers. The crash, which occurred in Tuscaloosa, occurred when driver careened off the road and struck a tree. Although the passengers were wearing their seat belts, the sheer force of impact caused them to be ejected anyway.
The case was significant for a few reasons. First, it is believed to be the largest dram shop lawsuit verdict affirmed by that state’s supreme court ever. Secondly, it affirms the fact that punitive damages – which are intended to punish a wrongdoer for egregious or especially reckless actions – can be sought even a plaintiff is comparatively at-fault (as the driver was in this case). It also allows that punitive damages to be determined on a per-plaintiff basis, rather than as a whole and then divvied up. Finally, it affirms the right of dram shop plaintiffs to pierce the corporate veil in order to hold business owners personally liable for such damages, which combined with the hefty punitive damages creates a substantial incentive to prevent such action in the future. Continue reading →
Travel safety advocates at AAA report there will be 95 million people traveling more than 50 miles or more from home over the holidays this year. That’s a substantial increase of travelers compared to last year. Only one will have the luxury of a magical sleigh powered by reindeer. Some will board a plane, train or bus. But many more – about 89 percent – will pile into the car.
In fact, the number of people who are getting behind the wheel this season is up for the seventh year in a row. A huge part of that has to do with the fact that gas prices are at an all time low – down to an average of $2.20 a gallon from $3.50 just three years ago. In fact, gas prices for motorists in the Southeast are the lowest they’ve been in six years. Unemployment is shrinking, and that means more people have disposable income. That means a bigger travel budget, and many of them are springing for a warm holiday getaway in South Florida.
That’s going to mean more drivers and higher risks on Florida roads. People are rushing to finish holiday chores, head out to parties and drive across state to see relatives or take advantage of the time off for a getaway. That’s why the holidays are the No. 1 most dangerous travel period of the year. Continue reading →
The collateral source rule is one that limits or prohibits evidence of benefits paid by third parties to plaintiffs in injury lawsuits. The basis for the rule is that defendants should not be permitted to pay less for wrongdoing simply because an injured person was protected by third-party insurance or other benefits.
Primarily, this applies to evidence of health insurance and workers’ compensation insurance. However, there was a narrow exception carved out for evidence pertaining to free or low-cost benefits, such as those provided through the government via Medicare or Medicaid.
Now, the Florida Supreme Court has changed that in the recent case of Joerg v. State Farm, following an appeal from Florida’s Second District Court of Appeal. The court ruled that all defendants will be precluded from presenting evidence of future government benefits because: Continue reading →
Starting in 2018, vehicle manufacturers who want their products to be top-rated in safety by government officials will need to ensure automatic emergency braking (AEB) comes standard.
That was the announcement by the National Highway Traffic Safety Administration (NHTSA), several weeks after a commitment from 10 car companies that promised to voluntarily add the feature to all new models.
To be clear: The NHTSA’s 5-Star Rating system isn’t mandatory. However, vehicles that score poorly in the government testing that guides those ratings tend to be shunned by consumers. In other words, a good safety rating is good for business. Continue reading →
A defective auto parts lawsuit has been filed against a manufacturer by a California resident who alleges defendant failed to disclose a dangerous and material defect in the throttle control system of the vehicle.
In Shively v. BMW, plaintiff seeks class action status for his claim.
The lawsuit alleges breach of implied warranties and violations of the Unfair Competition Act, False Advertising Law and Consumer Legal Remedies Act. It also alleges defendant engaged in fraudulent concealment and nondisclosure for not informing customers of defective and potentially dangerous conditions of the cars they sold. Continue reading →
Fort Lauderdale Car Accident Attorney Blog