Fort Lauderdale car accident lawyer

Published on: May 5, 2018

Car Accident Plaintiff Wins Appeal After Motive For Lawsuit Improperly Questioned

The myth of the so-called “professional plaintiff” has been pushed by certain interest groups intent on tort reform legislation, which ultimately harms those who most need relief.

It’s not that auto insurance fraud is an impossibility or never-event, but it’s far less common than defense attorneys and some others would have you believe. Unfortunately, sometimes this misconception has a real impact on actual victims.

Recently, the Hawaii Supreme Court reversed a lower court’s judgment in favor of a car accident defendant whose attorneys repeatedly raised the question of a plaintiff’s “motive” for filing the claim in the first place, repeatedly insinuating – despite a lack of conviction or even formal accusation – that plaintiff had committed workers’ compensation insurance fraud. The state high court ruled the “plaintiff’s motives for bringing suit were irrelevant to the merits of her claim and her credibility as a witness.” At minimum, the trial court in the case should have granted the plaintiff’s requested jury instruction underscoring the fact that her motivation for filing the lawsuit was barred from jurors’ consideration. What matters, ultimately, is the merits of the claim.

An experienced injury lawyer who routinely handles car accident cases understands the damage these kinds of insinuations can have on a jury, and also how to effectively challenge them. Continue reading →

Published on: June 19, 2016

Report: Drivers Face Few Penalties for Cycling Deaths

By Dean Freeman

Last fall, a 54-year-old cyclist was struck by a pickup truck driver in Melbourne. The impact sent her flying over the handlebars. First responders, fighting to save her life, found her phone and sent her husband a text message: “Been an accident on Post Road.”

In the end, they couldn’t save her. Her husband of six years says he lost everything that day. The driver, however, walked away unscathed. As Florida Today reported, he did not face any criminal charges.

In fact, very few motorists face criminal charges following bicycle accidents or pedestrian accidents – even when someone dies. As one traffic sergeant explained, so long as you weren’t impaired by alcohol or drugs and didn’t intentionally hit the person, there are typically no penalties. This is true even if you are at-fault for the crash. Continue reading →

Published on: December 19, 2014

South Florida Report: 3 Killed, 4 Injured in 5-Car Chain Reaction Crash

By Dean Freeman

A roaming black bear was reportedly the catalyst for a five-car crash resulting in the death of three good Samaritans and injuries to four others. Authorities report a group of duck hunters from Miami-Dade stopped to help a motorist whose vehicle was rendered disabled after a collision with a 430-pound black bear on Interstate 75 in Seminole.

As they were pulled over, a passing sport utility vehicle sideswiped one of the pickup trucks and then rolled over several times, striking several of the helpers and other vehicle as well.

Those killed – ages 43, 44 and 46 – were pronounced dead at the scene. At least two others suffered injuries classified as critical.

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Published on: December 6, 2014

TEI v. Cruz – Florida Highway Guardrail Danger Highlighted

By Dean Freeman

Most people give little thought to the guardrails that line countless highways throughout Florida and across the U.S. The purpose of these devices is to deflect vehicle occupants from careening into opposite lanes of traffic, off dangerous hillsides or from overturning. They aren’t 100 percent effective and they won’t usually prevent crashes, but they are intended to minimize the overall impact.

Unfortunately, several companies that make the rails have reportedly undertaken a cost-saving design measure that appears to have endangered public safety. Several different lawsuits against at least two major manufacturers of the devices allege designs were altered so that the edges are no longer cushioned or flat. This has reportedly resulted in the steel rails becoming “spear-like,” impaling vehicles rather than softening the blow, causing severe injuries and even deaths.

One of the largest manufacturers, Trinity Industries Inc., just lost a $175 million federal lawsuit alleging it changed the designs without the required approval from the U.S. Department of Transportation. Several more injury and wrongful death lawsuits against the company are pending, and 30 states have prohibited new installation of guardrails made by this company.

Continue reading →