Fort Lauderdale Car Accident Attorney Blog

The tragic death of a young woman following a Florida car crash prompted her parents to file a lawsuit against the driver who struck her head-on after she was rear-ended while attempting to pass a semi-truck.

In preparation for that lawsuit, the plaintiffs requested the defendant undergo a compulsory medical exam, asserting the defendant’s age, mental state and alleged dementia (as asserted by a plaintiff’s expert witness) were factors in the crash.

West Palm Beach car accident lawyers know it’s common for compulsory medical exams to be requested of plaintiffs in injury cases. This is because the plaintiff’s injuries are an essential element of the case, upon which issues of causation and damages rest.
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An ambiguously-worded insurance policy was cited by Florida’s First District Court of Appeal in its reversal of an earlier summary judgment in favor of the insurer. Instead, the court ruled, the plaintiff’s request for coverage of all reasonable medical expenses related to the crash – without limit of liability – should be honored.

The case of Spaid v. Integon Indemnity Corp. is just one of many examples in personal injury cases where the exact language of the insurance policy requires careful analysis by an experienced Fort Lauderdale car accident lawyer.

According to the background facts provided in the court records, the crash in question occurred in February 2011 in Pensacola. The plaintiff/policy holder was injured and incurred more than $10,000 in medical bills as a result.
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In successfully securing damages for our clients injured in Fort Lauderdale car accidents, our attorneys must generally prove two key points: Fault of the defendant driver and proof of injuries incurred as a direct result of the defendant’s negligence.

Of course, every crash case presents its own unique and sometimes complex legal issues, but these are typically the two primary points necessary in order to obtain compensation.

In the recent case of Loyacono v. Travelers Insurance Company, those two points were virtually undisputed. And yet, the jury returned a verdict awarding the plaintiff $0 in damages. This set off a series of appeals, with the case going all the way to the Mississippi Supreme Court, which affirmed the appellate court decision to remand the case back to trial – though there was still disagreement as to the legal justification for that decision.
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Florida’s most critical industry is tourism, so we tend to have a large number of individuals at any given time who rent vehicles while traveling in our state.

While these individuals bring dollars to our state, they unfortunately sometimes cause crashes as well. Visitors may be unfamiliar with the area, unfamiliar with the vehicle, distracted, drunk and potentially very fatigued after a long trip.

For years, rental car companies could be held vicariously liable for negligent customers under the same standards as private citizens who allowed third-parties to drive a vehicle. The problem, as our Hollywood car accident lawyers know, was that state laws vary when it comes to liability, so the federal government sought to establish a uniform standard via the Graves Amendment. This statute had the effect of carving out an exception to vicarious liability for rental car companies.
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Anyone who has ever struck a deer or other large animal recognizes the extensive damage such an impact can cause.

While there is no way to sue wildlife, Deerfield Beach car accident attorneys know you are entitled to take legal action if the large animal you hit is owned by someone who negligently failed to keep it in a proper enclosure. Prime examples would be cattle or horses, but could also potentially include goats, sheep and pigs.

A stronger case be made if it’s proven the animal owner has a history of being derelict in keeping the animal away from public roads.
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A plaintiff in a Florida car accident case is entitled to a jury trial on the issues of negligence and damages, despite a trial court’s earlier ruling to the contrary. That’s per Florida’s Second District Court of Appeal in the case of Whritenour v. Thompson, where the strategic bankruptcy filing of a defendant threatened to derail the case.

Palm Beach County car accident lawyers know there are some personal injury debts that can be discharged in a bankruptcy filing. Where motor vehicle accidents are involved, the bankruptcy court excludes injuries caused by drunk drivers or those where the injuries were caused by willful or malicious intent.

Still, all others, considered “creditors” in the bankruptcy case, can file an “adversary proceeding,” requesting the court to set aside the automatic stay and discharge and force the debtor to pay.
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The plaintiff in a Florida car accident lawsuit was reportedly captured on surveillance cameras engaging in activities he had purportedly claimed in his deposition testimony to be unable to perform following the crash.

As a result, the trial court issued a final judgment dismissing his claim in Guillen v. Vang et al. He appealed to Florida’s Fifth District Court of Appeal, requesting reversal of that ruling – which was granted. The court found the video evidence alone wasn’t enough to prove the plaintiff had set in motion some unconscionable scheme designed to trick the court and enrich himself.

Broward car accident lawyers believe the justices here reached the right conclusion because there is a fine line between what constitutes fraud and what is actually forgetfulness, a misunderstanding or a genuine mistake. In some cases, even when plaintiffs have been caught in outright lies, the court has held this is not necessarily proof of fraud on the court.
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