car accident attorney

Published on: April 23, 2016

Morgan v. Beaumont Police Dept. – Fatal Car Accident in Police Pursuit

Recently, a high-speed chase by police tailing a fugitive through the streets of Miami spanned more than a half hour until the suspect was caught, according to the Miami Herald. The 34-year-old suspect is charged with attempted murder after he allegedly stabbed his girlfriend numerous times before fleeing. During the chase, he reportedly narrowly avoided striking other vehicles as he weaved through traffic, blew past intersection red lights and skidded with sharp turns. At one point, he exchanged gunfire with police in downtown Miami.

This scene had a high potential for serious injury or death of innocent bystanders.

Most police agencies have policies that prevent chases – particularly high-speed chases – in all but the most serious of situations. A study by the National Institute of Justice found that most departments had written policies governing pursuits. While increasing the number of vehicles involved in the pursuit was more likely to improve the odds of apprehension, it was also more likely to up the risk of accidents, injuries and property damage. Continue reading →

Published on: March 29, 2016

Study: U.S. Drivers Increasingly Distracted and Dangerous

By Dean Freeman

If you have been in a car accident at some point in the last decade, chances are fairly strong at least one person behind the wheel of one of those cars was distracted.

It seems this becomes more solidified with each passing study conducted on U.S. driving habits. The latest is one of the most comprehensive, funded by the federal government and conducted by researchers at the Virginia Tech Transportation Institute (VTTI). Researchers attached sensors, radar and cameras to the vehicles of 3,500 participants and tracked their driving behavior over the course of a full three years – collecting 35 million miles of data in all.

In sifting through this data, researchers expected to see that distracted driving was a problem. However, the extent of the problem was a bit shocking. Continue reading →

Published on: March 17, 2016

Brown v. Davis – $3M Car Accident Verdict Affirmed

By Dean Freeman

The family of a man killed when logging equipment from an over-sized vehicle toppled onto his vehicle on a bridge over the Mississippi River prevailed recently in an appeal by the logging company and owner.

The U.S. Court of Appeals for the Eighth Circuit affirmed the jury’s award of $3 million in damages in Brown v. Davis, rejecting defense arguments that decedent’s own negligence in speeding broke the chain of causation set in motion by defendant’s failure to stop decedent’s car from entering the bridge in the first place.

This was an over-sized vehicle and it physically could not traverse the bridge without one wheel being partially over the center line. That meant opposite-direction traffic had to be stopped before the truck could proceed. Continue reading →

Published on: October 3, 2015

Nissan Motor Co. v. Maddox – Punitive Damages in Car Accident Case

By Dean Freeman

If a person is seriously injured or killed as a result of the negligence of another, the injured person or surviving loved ones can seek damages in civil court. There are two types of damages: Compensatory and punitive.

Compensatory damages are those meant to indemnify a person for a particular loss or injury. There is no special process for obtaining these damages, as they are intended to replace what was lost. Punitive damages, on the other hand, are supposed to punish a defendant for grossly negligent acts and to deter similar behavior in the future.

Punitive damages are not available in all cases, as F.S. 768.72 points out. Requests for punitive damages have to be approved by the trial judge, and there has to be evidence of gross negligence, such that there was a lack of disregard for human life or safety, a lack of care by defendant who was consciously indifferent to it or intentional violation of the victim’s rights. Continue reading →

Published on: March 5, 2015

Toddler Killed, 11 Injured in Florida DUI Crash

By Dean Freeman

It was a horrific scene on I-75 northbound, on Florida’s east coast, near Winter Haven. That’s where authorities say a 24-year-old woman behind the wheel of a sport utility vehicle carrying nine children – ages 6 months to 10 years – plus one other adult, veered off the road, became airborne, rolled over numerous times and struck several trees.

A 2-year-old boy was killed after he was ejected from the vehicle. The other children also were ejected, and suffered injuries ranging from minor to serious. The 6-month-old is in serious condition, as is the other adult passenger, 44.

While the adult passenger wore her seat belt, authorities say none of the children wore seat belts or were properly belted in with size-appropriate restraints. There was one car seat in the vehicle, however authorities say it was not in use at the time of the crash.

Continue reading →