Orlando injury attorney

Published on: May 30, 2016

Police: Fatigue a Factor in Fiery Disney Crash

A fiery car accident near Disney’s Animal Kingdom in Orlando was reportedly caused by a fatigued driver.

The crash involved a sport utility vehicle and a bus that collided around 6 p.m. It reportedly resulted in 11 injuries, with eight of those being passengers on the bus. Those injuries ranged from minor to serious.

Investigators say the SUV driver was driving the wrong way on Sherbeth Road – traveling south in the northbound lanes. The driver, her husband and son were all transported to the hospital. Onlookers reported huge flames and thick smoke billowing from the scene. Both vehicles reportedly burst into flames. Continue reading →

Published on: November 27, 2015

U.S. Dept. of Transportation to Require Automatic Braking for Vehicle Top Safety Rating

By Dean Freeman

Starting in 2018, vehicle manufacturers who want their products to be top-rated in safety by government officials will need to ensure automatic emergency braking (AEB) comes standard.

That was the announcement by the National Highway Traffic Safety Administration (NHTSA), several weeks after a commitment from 10 car companies that promised to voluntarily add the feature to all new models.

To be clear: The NHTSA’s 5-Star Rating system isn’t mandatory. However, vehicles that score poorly in the government testing that guides those ratings tend to be shunned by consumers. In other words, a good safety rating is good for business. Continue reading →

Published on: November 23, 2015

Shively v. BMW – Defective Auto Lawsuit Alleges Failure to Disclose

By Dean Freeman

A defective auto parts lawsuit has been filed against a manufacturer by a California resident who alleges defendant failed to disclose a dangerous and material defect in the throttle control system of the vehicle.

In Shively v. BMW, plaintiff seeks class action status for his claim.

The lawsuit alleges breach of implied warranties and violations of the Unfair Competition Act, False Advertising Law and Consumer Legal Remedies Act. It also alleges defendant engaged in fraudulent concealment and nondisclosure for not informing customers of defective and potentially dangerous conditions of the cars they sold. Continue reading →

Published on: November 17, 2015

Elder Driver Causes Florida Crash That Killed Father, Infant; Six Others Injured

By Dean Freeman

Police investigating a double fatal crash in Altamonte Springs say an elderly woman confused the gas and brake pedals as she approached a busy intersection.

Witnesses later told reporters they watched in horror and helplessness the woman was traveling approximately 60 mph when she plowed into a line of vehicles stopped at a red light. As a result, authorities say, a father and his infant child were killed. The child’s mother is in critical condition, as are two others. Additionally, three other people were injured and had to be transported to the hospital, though their injuries are described as non-life-threatening. In all, five vehicles were damaged. The elderly woman was not injured.

Cases like this are heartbreaking on so many levels. The majority of older adult drivers practice safe habits behind the wheel and would never want to hurt anyone. However, the physical reality of aging means that there are risks posed by some older drivers that put others in serious danger. Those include things like:

Deteriorating eyesight
Diminished hearing
Reduced reflexes
Declining cognitive function/ dementia onset
Increased likelihood of medications that may cause drowsiness or impairment

Continue reading →

Published on: October 11, 2015

Clifton v. McCammack – Negligent Infliction of Emotional Distress

By Dean Freeman

In Florida, it is possible to collect for negligent infliction of emotional distress following a car accident, but it is not as simple as suffering emotional harm. In order to collect compensation for such damages, plaintiff must suffer a discernible physical injury.

One of the exceptions noted is what other jurisdictions refer to as the “relative bystander test.” This requires the plaintiff to suffer a physical injury caused by the psychological trauma of witnessing, seeing or otherwise being involved in some way to the event causing negligent injury to another to whom plaintiff has a close personal relationship.

The case of Clifton v. McCammack recently dealt with the issue of negligent infliction of emotional distress under Indiana law. That state is one of those that refers to the exception as the “bystander rule.” There are three circumstantial factors that must be met in order for plaintiff to succeed in a claim for negligent infliction of emotional distress. One of those three factors is “direct involvement” in the incident. Continue reading →

Published on: September 8, 2015

Vanderbloom v. Vermont – Negligent Construction of a Highway

By Dean Freeman

Mistakes in road construction can result in serious injuries to drivers and others. These errors could include things like improper signage, requiring motorists to negotiate a turn that is too sharp or leaving a dangerous condition on the pavement.

The question of who may be held responsible for this depends on a host of factors, though it is possible in some cases to hold liable the construction company that did the work and/or the government agency that contracted the work.

However, the liability of the government is often heavily dependent on local law and the extent to which the doctrine of sovereign immunity is enforced in a particular state. Sovereign immunity shields government from liability unit agrees to be sued. Florida has a broader-than-most waiver of sovereign immunity, but that doesn’t mean cases will be easy. Continue reading →

Published on: September 3, 2015

Jones-Smith v. Safeway Insurance – Material Misrepresentation Could Void Auto Insurance

By Dean Freeman

In 49 states in this country – including this one – plus the District of Columbia, it’s illegal to drive without insurance. Even so, about 12 percent of all drivers in the U.S. are not insured.

Florida has one of the worst rates of uninsured drivers nationally. Here, 1 in 4 drivers has no insurance.

That has meant that uninsured motorist claims, which are filed when someone is injured by a driver who lacks insurance, totaled $2.6 billion in 2012. That was an increase of 75 percent from 10 years earlier. Continue reading →