Articles Tagged with car accident attorney

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Crashes in construction zones are an ongoing and serious problem – in Florida and beyond. The U.S. Department of Transportation reports in a single recent year, there were nearly 97,000 crashes in work zones – which represented an 8 percent increase over the previous year and a stunning 43 percent increase in the span of just two years. A crash occurs in a work zone every 5.4 minutes. For the roughly 70 work zone crashes that happen daily, more than 26 percent result in at least one injury.

In many cases, driver error is to blame. Drivers are distracted, impaired or speeding through construction zones with disregard for workers and warning signs. However, sometimes these car accidents can involve errors on the part of the construction companies and failure to give drivers clear warning of dangerous conditions.

This is what was alleged in a fatal car accident lawsuit recently before the Delaware Supreme Court. It involved allegations of an unsafe road condition known as “raveling.” As explained by Asphalt Magazine, this is a type of pavement distress identified as the wearing away of aggregate particles from the asphalt cement. It can be caused by use of a poor quality mixture, inadequate compaction or dislodging by certain types of heavy traffic.  Continue reading →

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Drunk driving remains one of the leading causes of serious car accidents resulting in injury or death. Florida is a no-fault state when it comes to auto insurance, but if you meet the “serious injury threshold,” as outlined in F.S. 627.737, you can collect more than just personal injury protection (PIP) benefits by pursuing action against the at-fault driver. What many drunk driving victims don’t realize is that in addition to this, they may have the option of a third-party liability claim. 

While it’s true drunk drivers are generally the only ones criminally charged, civil liability is different. Third parties can be accountable in civil court for the negligence and even criminal conduct of someone else if they breach a duty of care that in turn allowed the injurious incident to occur.

In Florida drunk driving cases, such third party defendants may include: Continue reading →

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In many Florida car accident claims, there is more than one tortfeasor (wrongdoer) who may be compelled to pay damages to the injured victim. Prior to 2006 and the passage of F.S. 768.81, Florida’s pure comparative fault statute, injured car accident victims could seek the full amount of damages from a single defendant – even if that defendant was only partially responsible for the crash. That defendant then had a right of action to pursue action against the other responsible parties to pay their fair share. This is the doctrine of joint and several liability, but it was effectively abolished with the introduction of Florida’s comparative fault law, along with the 2009 decision of the Second District Court of Appeal in T&S Enterprises Handicap Accessibility v. Wink Indus. Maintenance & Repair Inc. In that case, the court held that defendants who intend to assert fault on a non-party joint tortfeasor need to do so as an affirmative defense. Another ruling in 2011 by the U.S. District Court for the Southern District of Florida (relying on the decision in Wink) rendered any contribution-related claims “obsolete.”

The issue of joint liability is one that varies widely from state-to-state. Recently in Illinois, the state supreme court held that a counterclaim for contribution by joint tortfeasors following an injurious truck accident was rightly dismissed, despite defendants’ claims that a prior settlement was not reached in good faith because the settling defendant’s conduct was intentional.

Here’s what happened: Plaintiff was a passenger in a vehicle traveling on the interstate around 1:30 a.m. At the time, three lanes were closed due to construction. One defendant, a truck driver, was traveling in his semi truck behind plaintiff. He was operating this truck on behalf of his employer and the carrier of the truck, which are the other named defendants. At the same time, another defendant, a driver under the influence of cocaine, was traveling the opposite way on the interstate, made an improper U-turn through the median and collided with the vehicle in which plaintiff was riding. Plaintiff’s vehicle rotated and defendant truck driver did not have enough time to stop. He slammed into the passenger door of that vehicle, causing plaintiff serious and permanent injuries.  Continue reading →

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Vicarious liability is the legal means by which we can pursue action against a vehicle owner or an employer for the negligent and injurious actions of those driving their vehicle or employees acting on behalf of the company. It’s not just long-haul truckers who fall into this category. 

Recently, DNCE singer Joe Jonas was named a defendant in a car accident lawsuit that occurred when his assistant was driving his vehicle in Hollywood, CA. According to TMZ, plaintiff alleges the assistant made a left turn into an intersection, t-boning plaintiff, who had the right-of-way. There was no police report filed and there were reportedly no witnesses, but the plaintiff did take down the license plate number, which her injury attorney later traced back to Jonas. The assistant gave her name as the driver, though it’s unclear if Jonas was in the car at the time.

But even if Jonas wasn’t there, he could still be liable because not only was the vehicle his, but the person driving it was reportedly acting in the course and scope of employment. Both situations would fall under the umbrella of vicarious liability. She is seeking damages for physical pain and suffering, mental anguish, medical expenses and lost wages.  Continue reading →

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Shoddy repair work by an auto body shop nearly cost a Texas couple their lives, and has left them with major burns and crushing injuries. It was a crash from which they otherwise should have walked away relatively unscathed. 

The Dallas Morning News reports that prior to the 2013 crash, the couple brought the vehicle into a local repair shop to address damage to the vehicle roof after a bad hail storm. But instead of welding the repair, as is recommended by the vehicle manufacturer, the body shop used an approach that was cheaper, untested and involved a glue-like adhesive. This, plaintiffs attorney argued at trial, made a huge difference in the outcome of a subsequent crash.

The message the jury sent with its $42 million verdict favoring the plaintiff is that repair shops must fix vehicles properly, or else pay the price if someone is hurt when you don’t. Plaintiffs are also suing their auto insurer, alleging agents there bullied the auto shop into using the cheaper method – something that is common practice among auto insurers seeking to bolster their bottom line.  Continue reading →

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Investigators examining the evidence in a fatal wrong-way car accident that killed two teenagers – best friends – have concluded the recreational vehicle that struck them head-on had no working headlights. Local media reports are the RV driver, 98, and his 75-year-old companion, were likely not seen by the two teens, 17 and 18, until it was too late. The RV was reportedly traveling west in an eastbound highway lane in St. Lucie County. The girls were transported to a hospital in Fort Pierce, where they were pronounced dead.

Authorities have said the stretch of road where the crash occurred was rural and poorly-lit, so without operational headlights, the RV would have been virtually impossible to see. The girls had almost no opportunity to take evasive action to protect themselves.

Negligent maintenance of a vehicle is a claim that is an extension of one’s duty to use reasonable and prudent care in operating a vehicle. The person who owns or is responsible for managing the vehicle have a responsibility to do their best to ensure it is properly maintained because it’s understood that certain parts of a vehicle are vital to safe driving. If the driver or vehicle owner knew or should have known certain components of the vehicle were in failure or even just untrustworthy and the failure of that component leads to a crash or an exacerbation of injuries, they may be legally liable for the resulting damages.  Continue reading →

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The New Jersey Supreme Court ruled that an appellate court’s decision to grant a second trial to a plaintiff in a car accident injury case was the right move, thus securing the $250,000 in damages she won in the second jury verdict after suing her mother for alleged negligence while driving.

It’s important to point out that anyone reluctant to pursue damage claims against loved ones (spouses, children, parents, siblings, cousins, friends, etc.) that naming your loved one as a defendant is really only a technical matter. What you are really after is fair and just compensation from the defendant’s insurance policy. It’s not an indication that you harbor the notion your loved one meant you harm or even that you expect them to pay anything directly from their own coffers. Auto insurance is required for the registration of any motor vehicle in Florida, and therefore if you are a passenger in a vehicle driven by a relative or friend whose negligence caused or contributed to a crash that resulted in your injuries, you may be entitled to pursue damages on that claim just like anyone else. In most cases, plaintiffs cannot name the insurance company as a defendant because courts generally agree that jurors’ knowledge that defendant had insurance can be prejudicial.

Some auto insurance policies have exclusions for “resident relatives,” which are those related by blood or marriage who also reside in the insured’s household. The question of whether benefits are payable to the injured party will depend on the exact language of the policy and the relationship between the insured and claimant. Continue reading →

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Following a car accident in Florida, it is not uncommon for auto insurers to contact either insureds or third parties, seeking to reach a settlement on the claim (sometimes even before it’s been formally filed). Our injury attorneys urge great caution in these interactions. 

Insurers essentially have two goals with these contacts:

  • To glean information about the collision;
  • To extend a low-ball settlement offer before you have a chance to fully comprehend the scope of your damages.

This is not to say auto insurers never offer a fair deal on the first go, but it’s best to have your auto accident attorney review the offer to determine if you are entitled to more – and if so, to help you negotiate for it.  Continue reading →

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The best Orlando car accident attorneys know that when it comes to the burden of proof in crash cases, your word alone may not be enough to prove fault or damages. That’s why it’s so critical to involve a lawyer early on in the process, someone who can help you investigate the facts, gather evidence and build a strong case. The sooner we get involved the better, as this gives us time to conduct an independent analysis of the facts, identifying possible witnesses, relevant photos or videos and consulting with expert accident reconstructionists and auto engineers.

Even in cases where liability seems relatively straightforward (for instance, in a rear-end collision where there is a rebuttable presumption the rear driver was responsible), there are still elements of the case that are going to require some independent backing.

This is not to say that conflicting evidence will kill your case, but the more you have to prove the key elements, the stronger your chances of recovering just compensation.

A recent case before the Rhode Island Supreme Court underscores the importance of fathering sufficient evidence at the scene to prove liability.  Continue reading →

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It’s important for “snowbirds” in Florida (those part-time residents who flock to the Sunshine State when the weather cools up north) to understand their obligations when it comes to car insurance. Failure to do so can result in denial of a claim.

The Florida Department of Highway Safety and Motor Vehicles notes that every vehicle registered in the state must have Florida insurance. Further, any person who has a vehicle in the state of Florida for more than 90 days during a 365-day period must purchase both personal injury protection (PIP) benefits, as well as property damage insurance coverage. Those 90 days do not have to be consecutive for this requirement to apply. Failure to do this can result in denial of a claim.

Recently in New Jersey, one man discovered the consequences of this (though the circumstances were different than a typical Florida snowbird). The New Jersey Law Journal reported the driver lived in New Jersey full-time, but registered his vehicle in Florida because the auto insurance costs were cheaper. When he was involved in a collision in New Jersey, his claim was denied on the grounds he fraudulently maintained the insurance. Continue reading →

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