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Consumers who suffer from an injury as a result of a manufacturing defect have the right to take legal action against the automobile maker or other companies responsible for the defect. In a recent South Florida case, a woman was in a minor accident when her air bag deployed. A piece of metal shot out of the airbag and struck the woman in the forehead, leaving her permanently scarred. She has brought a lawsuit against the airbag company responsible for the defective product installed in her 2001 Honda Civic.

The airbag company is currently to blame for a nationwide recall of several vehicle models that have installed the defective product. Unfortunately, for many consumers, they will not realize that they are in danger until it is too late. In this case, the woman did not realize her airbag was defective until she was involved in a collision which resulted in serious injuries caused by the defective airbag. Victims of accidents will often suffer from physical, as well as emotional trauma. In this case, the victim says she is still in shock, sad, and afraid to get behind the wheel.

The victim’s Honda Civic was one of eight million cars that are part of the recall over air bags produced by Takata Corporation. According to victims, police reports, and a growing amount of evidence against the company, the inflators in the air bag have been known to rupture and eject shrapnel in the event of a crash. The list of vehicles that have been recalled include cars from Honda, General Motors, approximately 25 million vehicles in the U.S., as well as recalls in other countries, including China, Japan, and throughout Europe.

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Last year, a 20-year-old Coral Springs woman Tweeted she was “2 Drunk 2 Care” shortly before leaving a work-related party at a restaurant where alcohol was served. She then got behind the wheel of her vehicle and drove the wrong way on the Saw Grass Expressway, killing two other young women, both 21, who were headed in the proper direction.

One wonders if the 20-year-old cares now. Her ex-employer likely does, after learning it has been named as a defendant in a dram shop liability lawsuit. Already named in the litigation are the driver, a friend who loaned her the vehicle and the restaurant. Now, it is asserted the employer, too, was responsible for hosting a party and allowing underage consumption of alcohol, resulting in injury and/or death.

The now-21-year-old driver is being held in Broward County Jail on $600,000 bail, where she faces DUI manslaughter charges, as well as charges of vehicular homicide, and driving without a license causing death.

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In the recent case of Bolding v. Kindel Concrete, LLC, there was no question plaintiff had been hit by a truck driven negligently by a concrete firm. She eventually settled the case against the driver. However, her claim against the driver’s employer failed because the Wyoming Supreme Court found she had not adequately proven causation and future medical damages.

Although this is an out-of-state case, the same general principles are applicable to truck accident victims in Florida. It’s not enough to show the accident occurred and evidence of injuries. There must be significant evidence that one is related to the other.

Additionally, the burden of proof regarding damages is also on the back of the plaintiff. It’s not enough to simply assert a given figure. For example, to assert damages for medical expenses, one must provide concrete evidence of necessary medical treatments, bills, physician testimony regarding future treatment and therapies and cost estimates for each.

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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.

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Motor vehicle accidents are often the cause of lives lost too young. In another tragic case, a celebrated Miami artist was killed in a motorcycle accident last month. Edward Crowell II was killed on September 25 at an intersection when a car failed to stop. According to local reports, his death sent shock waves through the Miami art scene. The self-taught artist originally hailed from Alabama and paved his way as a painter, creating nearly 20 years of work inspired by the civil rights movement, pop art, and poetry. He was also recognized in the Miami nightclub scene and for his music and poetry. The accident is a reminder for drivers and riders alike, that lives can be lost too soon.

Warm climates make motorcycle riding a popular form of transport in Miami and throughout South Florida. Unfortunately, the high rate of motorcyclists, combined with traffic, negligent drivers, and other risks, put riders at a significant risk of collision or injury. In the event of a collision, riders are also more likely to suffer serious injuries. According to Ride Smart Florida, 17% of road fatalities involve motorcyclists. For those who do survive a motorcycle accident, permanent injuries may significantly reduce quality of life and require extensive around-the-clock care.

Victims of motorcycle accidents and their loved ones should consult with an experienced advocate in the event of an accident that results in injury or death. Our Fort Lauderdale motorcycle accident attorneys are experienced in the investigation of accidents and can review evidence, identify responsible parties, and pursue just compensation for victims. Remember that juries are often bias against motorcycle riders and can buy into myths about “reckless motorcycle riders” who speed or bring on injuries themselves. We know that riders are often victims of accidents because of negligent drivers, low visibility, or dangerous road conditions.

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A Fort Lauderdale firefighter was killed after he stopped on the side of the road to change a flat and was struck by an oncoming vehicle on Interstate 95. The case is a reminder to drivers not to text and drive and to avoid other distractions while driving to prevent similar accidents. Drivers who must pull over to change a flat, handle maintenance, or in the event of an emergency should also remember the danger of pulling onto the shoulder. According to media and accident reports, a 48-year-old driver struck the SUV in her Hyundai Sonata in the southbound lane just north of Yamoto Road in Boca Raton.

A 911 call detailing the scene of the accident was made available to the media. In the recording, it is clear that the driver was overwhelmed with grief and shock as she begged the dispatcher for help. Immediately, the driver recognized that she veered off the road and “hit a man.” When the emergency rescue team arrived, the driver was standing over the victim, who was still breathing but unresponsive. Throughout the six-minute 911 call, the driver begged the dispatchers for help while they tried to keep her calm.

Police stated that the driver tried to avoid hitting the victim by veering to the right, but drove into the victim who was next to his car. The driver went to aid the victim as she called 911 and though he tried to speak, she could not understand what he was saying. When other eyewitnesses pulled onto the scene, many called 911 to report the tragedy. All of these reports will be relevant in a criminal or civil matter. At least one eyewitness said the driver “panicked” and hit the victim. No charges have been filed, but the case remains under investigation.

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When searching for a car accident lawyer, it’s important to understand how someone with extensive experience in different realms of law can further your interests tremendously. That’s because so many cases have factual elements that cause the central arguments to veer off into other areas of law. For example, a trucking crash lawsuit against a carrier could result in disputes over the employment status of the driver. In other situations, a crash in private driveway or parking lot could result in a premises liability lawsuit.

That was the case recently in Cheeks v. AutoZone, Inc., where a pedestrian accident in Mississippi became a premises liability claim against the owner/operator of the store parking lot where the crash happened.

According to court records, plaintiff and a friend went to an auto parts store to buy parts to finish working on several vehicles, as they had been commissioned to do.The store had parking on either side of the building, with an angled storefront glass entryway. The main entrance had a raised sidewalk and several bollards (or thick posts) blocking the glass doorway.

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Auto insurance companies have an obligation to act reasonably in paying legitimate claims in a timely manner. When they do not, the courts may find they have acted in “bad faith.”

For the policy holder (or other injured party), a finding of bad faith can result in compensation that far exceeds the original policy amount. Both the courts and the legislature have authorized these severe sanctions as a means to compel insurers to act in good faith. But inevitably, examples of insurers acting in bad faith persist.

Recently, in GEICO v. Paton, Florida’s Fourth District Court of Appeal held the policy holder was not required to prove damages twice in two separate trials relating to the same injury – once in the underinsured motorist trial and the second in the bad faith trial. Rather, the court held, the jury’s finding of excess damages in the first trial would be sufficient proof of damages in the subsequent bad faith insurance action.

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Negligent drivers pose a serious hazard to other motorists, their passengers, as well as pedestrians and bystanders. In a recent collision, a woman crashed into a restaurant in Pinecrest and struck a man who was sitting on a bench. According to police reports, the victim was sitting in front of the restaurant when witnesses saw a car come barreling through the parking lot. The vehicle jumped a curb and struck the man before coming to a stop. Investigators reported that both of the man’s legs were broken as he was thrown backwards into a window.

Victims of negligent driving will often suffer serious or catastrophic injuries. These injuries can be debilitating, resulting in lost wages, medical expenses, and long-term care needs. Our Fort Lauderdale car accident attorneys are experienced in helping victims and their families who have suffered losses related to car accidents. We will take the time to review your case, identify your losses, and pursue maximum compensation on your behalf. For those who are involved in a car accident or collision, it is important to work with an advocate who can perform an independent investigation and protect your rights through settlement negotiation or trial.
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Technological advancements can improve safety for drivers, passengers, and other motorists sharing the road. A California entrepreneur is designing and marketing new lighting technologies for vehicles to improve safety on the road. According to a USA Today report, the entrepreneur is pitching new LED light systems to automakers, hoping that they become a standard safety feature for future vehicles. Improved lighting can make your vehicle more visible to other drivers, bicyclists and pedestrians to prevent future accidents and injuries.

One of the problems with existing lighting designs is that there are blinds spots on both sides of the car. If you are in a blind spot, you may miss that another driver has turned on their blinker. His lighting system helps to mitigate this issue through LED lights that wrap around the vehicle. Our Fort Lauderdale car accident attorneys are dedicated to raising awareness to prevent future accidents and injuries. We are also abreast of recent developments and technological advancements that can improve motorist safety.
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