Fort Lauderdale Car Accident Attorney Blog

Self-driving cars may not be yet available to consumers, but they are already raising debate about the age-old man versus technology question. When a vehicle has a reaction time quicker than a human driver and can make decisions quicker than the average person behind the wheel, what are the lasting implications?

Where human drivers are susceptible to error, irritation, mood swings, fatigue and other varying contingents that can impact the ability to drive, a self-driving car isn’t. This could put technology ahead of human drivers in terms of safety.

Self-driving cars have been safely navigating California roads and highways for years. According to Slate Magazine report, a new Google Video illustrates the strategic abilities of these vehicles to prevent accidents and injuries. Our Fort Lauderdale car accident attorneys are dedicated to preventing accidents and keeping the roads safe for Florida drivers. In addition to raising awareness about safety and technology advancements, we are committed to pursuing justice on behalf of individuals who have been injured in an accident.
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In order to win a lawsuit against a reckless or negligent driver, one has to prove that not only was the driver negligent, but that her negligence caused the crash, and further that the crash caused the injuries alleged.

Each element has to be met in order for a crash injury victim to receive damages – something our Hollywood car accident attorneys are experienced in securing.

The recent case of Pralle v. Milwicz provides an example of how a case can unfold when this burden is not met.
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When auto insurance companies act in bad faith by refusing or unnecessarily delaying a claim by an injured party, they may face court sanctions and penalties, in addition to being forced to pay the original claim.

In cases where an insurer is acting in bad faith by refusing to cover claims made by their at-fault driver insured, injured parties may pursue something known as a “Coblentz agreement.” This involves negotiating a settlement that will bind the insurer, even though the insurer hasn’t participated in settlement talks. The “Coblentz agreement,” named after a previous South Florida car accident case, is when the at-fault insured assigns his or her rights to pursue a bad faith insurance claim against his or her insurer over to the injured party.

Fort Lauderdale car accident lawyers know that in order for a Coblentz agreement to be successful, attorneys for the injured need to make sure there is a strong case establishing the insurer is acting in bad faith in refusing to indemnify its client or pay the claim.
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In some car accident lawsuits, more than one party can be found at-fault. Fortunately, we live in a state where being partially at-fault doesn’t negate your right to collect compensation. However, per the pure comparative fault model by which the statute abides, the amount of your award is reduced proportionately by the degree of fault.

That’s why Broward County car accident lawyers know it is important to present a strong, convincing argument to the courts, based on the facts, that reduces your liability by the greatest degree possible.

Hall v. County of Lancaster, reviewed recently by the Nebraska Supreme Court, illustrates why this can sometimes be a challenge.
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Less than a month ago, a New York booze magnate was killed in a Miami Beach crash wherein his brother-in-law was allegedly operating a $400,000 Lamborghini intoxicated at 120-miles-per-hour.

The brother-in-law was seriously injured, but Double Cross Vodka mogul Malcom Lloyd was killed instantly. The driver of a sport-utility-vehicle was also seriously injured.

While the criminal case against that driver is pending, including charges of DUI manslaughter and vehicular assault, Lloyd’s widow has filed a civil case against him on behalf of herself, her husband’s estate and their two young sons, ages 1 and 5.

West Palm Beach car accident lawyers recognize that Lloyd v. Toro is complicated not only by the fact that there is a criminal matter pending, but also because the widow lives out-of-state, keeping residents in Maine and New York.
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Any time there is a pending personal injury action, it’s imperative that the plaintiff establish a duty of care owed by the defendant to the plaintiff.

A lot of times in Fort Lauderdale car accident lawsuits, this is fairly simple. Any person who gets behind the wheel owes a duty of care to all fellow motorists, passengers, pedestrians and cyclists, which can be met by obeying all traffic laws, using reasonable caution and not driving recklessly.

However, there are some situations, particularly in third-party litigation actions, in which the duty of care issue can be a bit more complex. Vicarious liability is a good example. This is the principle that holds that a third party (usually a parent or employer) can be held liable for another simply by virtue of the fact that they had control over the person, vehicle, situation, etc.
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There is an old principle of English common law that says a master can be held liable for the actions of his servant if the master places the servant in control of something dangerous and an injury occurs as a result. It’s called the dangerous instrumentality doctrine, and it’s been adopted by Florida courts as well, though in practical terms, it’s not “master-and-servant,” but “employer-and-employee” or “parent-and-child.”

This idea that one party can be held liable for the actions of another is something called vicarious liability.

It was on the grounds of the dangerous instrumentality doctrine that one Florida widow sought to establish vicarious liability for the ex-husband of the woman who was behind the wheel of the vehicle that killed her husband. The case, Christensen v. Bowen, was one that Fort Lauderdale car accident attorneys watched closely as it received scrutiny from the Florida Supreme Court.
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