Orlando injury lawyer

Published on: January 17, 2017

Report: States Slow Rush to Restrict Elder Driver’s Licenses

Florida has the most senior driver traffic fatalities in the country, according to a report released a few years ago by TRIP, a national transportation research group. The study showed that in a single year, 271 drivers over 65 were killed in auto accidents that year, and more than 500 traffic deaths of all ages involved at least one senior driver. Those totals are higher than any other state, including California, which has the most over-65 drivers in the nation (3.1 million, which is about half a million more than here in the Sunshine State).

We can only expect these figures have increased as not only has the number of overall auto accidents and fatalities spiked in recent years, but so too have the number of over-65 drivers. Back in the 1970s, roughly half of all American seniors had a driver’s license. Today, 84 percent of them do.

Recently, a study by Pew Charitable Trusts highlighted the fact that by 2030, more than 60 million senior drivers are going to be on our nation’s roadways. Many states – including Florida – have laws already on the books that seek to restrict the licenses of elderly drivers, either through required vision tests or more frequent renewals. However, in the last few years, researchers noted, there has been reticence in state legislatures to enact additional measures – despite the growing number of older drivers. In fact, some states have even been rolling back these restrictions. Continue reading →

Published on: December 3, 2016

Small v. Sayre – Preserving Your Injury Lawsuit for Appeal

By Dean Freeman

The goal of any injury lawyer at trial is to win the case and obtain fair compensation for the client. Unfortunately, even the most skilled attorneys can’t promise they will win every case. Our Orlando injury lawyers strongly believe in our clients, and we will fight tenaciously for a favorable outcome. Part of doing that means preparing properly for an appeal – which actually starts even before the trial gets underway. It’s sort of like insurance: The hope is that you won’t need it, but if you do, you want to know it’s there.

The reason this is important is that generally appellate courts will not take notice of issues and disputes that were not properly raised, challenged or preserved before the trial court.

There are many ways to do this. As The American Bar Association points out, preserving matters for appeal is usually an ongoing effort throughout trial. It involves:

Making sure the pre-trial record is clear and pretrial orders are carefully reviewed for error or oversight;
Making sure that the statements of fact are coherent, cohesive and interesting (because appellate courts will simply be reviewing the cold record of the case);
Making good objections to challenge to correct any misstatement of the court or defense counsel immediately;
Carefully reviewing/ requesting modifications to the jury charge;
Filing post-trial motions such as judgment notwithstanding verdict, request for a new trial, etc.

Continue reading →

Published on: October 5, 2016

Distracted Driving Victims Seek to Hold Cellphone Makers, Wireless Companies Liable

By Dean Freeman

A Texas woman sped down a Texas highway in her pickup truck, scrolling through her iPhone for messages. She was so distracted, court records would later show, that she slammed her truck into a sport utility vehicle. The driver and front seat passenger died instantly. A child passenger in the back seat was left permanently paralyzed. That was in 2013.

These kinds of distracted driving accidents are sadly not all that unusual. However, they are preventable – and not just by the person behind the wheel. A lawsuit filed against Apple in this case alleges the cell phone company had the technology prior to this accident to stop drivers from accessing their phones while the car is in motion. What’s more, the product liability lawsuit alleges, the company, in its application for a patent on that technology, cited the fact that phones are used for texting and texting and driving is a major public health issue and state legislators and local law enforcement officials had not been able to get a handle on the matter.

The driver in this case was later convicted of negligent homicide. She is serving five years on probation. Meanwhile, the families of her victims want accountability. They want to prevent this kind of tragedy from happening to another family. But what are the chances they might actually succeed? What responsibility do cell phone companies have for the actions of their driving customers? Continue reading →

Published on: August 18, 2016

Road Debris a Major Hazard on Florida Roadways, AAA Reports

By Dean Freeman

It seems almost everyone has a story about that one time they were involved in a crash or encountered a serious hazard due to an unsecured load or debris cluttering the roadway. Florida Rep. Jamie Grant (R-Tampa) recalled his best friend’s mother was killed when an engine fell off the back of a trailer and flew through her windshield. Others have talked about encountering construction tools flying off the back of trucks, swerving to miss a mattress lying in the highway, losing control due to ripped tires on the roadside or a huge tree branch that was causing an obstruction.

While these incidents can result in thousands of dollars in property damage, serious injury or even death for those who encounter these dangers, the person who was responsible, if they are caught, might expect a ticket with a few hundred dollars fine or, if someone dies, up to 120 hours of community service.

Many argue that’s simply not enough, particularly in light of a new report by the AAA Foundation for Traffic Safety, which reports this is a much bigger problem than we may have previously understood. According to the latest news, there are approximately 50,000 accidents reported every year that are caused in some way by road debris. That’s nearly double the number noted in a previous report from 2000 indicating there were 25,000 of these incidents every year. Continue reading →

Published on: February 28, 2016

Uber, Lyft and Others Aim of Florida Car Insurance Bill

By Dean Freeman

Ride-sharing services like Uber and Lyft have gained a groundswell of popularity in Florida and across the country, where deal-seeking customers praise the app’s ease of use and accessibility.

But Florida lawmakers say passengers are at risk when drivers aren’t required to carry the same level of insurance coverage as more traditional ride services, like taxis and limousines. Issues of coverage can get even more complicated when taxi drivers join Uber as a way to get more fares.

Two bills have been introduced, taking aim at the newer technology, though one is actually backed by the ride-share industry, while the other is firmly opposed. Continue reading →

Published on: January 27, 2016

McFadden v. Dept. of Transp. – Negligent Highway Maintenance With Pavement Drop-Off

By Dean Freeman

Plaintiff in McFadden v. Dept. of Transportation has won the right to continue pursuit of her wrongful death claim on behalf of her husband’s estate, alleging state liability for negligent highway maintenance involving a pavement drop-off. The decision was recently handed down by the Iowa Supreme Court.

The case highlights an important roadway defect that can cause serious problems for motorists – especially motorcycles and other small vehicles – on Florida’s fast-paced roads.

Pavement drop-offs and shoulder edge drop-offs are road conditions where there is a significant change in elevation or uneven pavement from one travel lane to the next or from the travel lane to the shoulder. It’s a characteristic that is known to be dangerous to drivers, and it’s generally seen as a highway engineering flaw. Continue reading →

Published on: December 3, 2015

Joerg v. State Farm – Collateral Source Rule Narrowed by Florida Supreme Court

By Dean Freeman

The collateral source rule is one that limits or prohibits evidence of benefits paid by third parties to plaintiffs in injury lawsuits. The basis for the rule is that defendants should not be permitted to pay less for wrongdoing simply because an injured person was protected by third-party insurance or other benefits.

Primarily, this applies to evidence of health insurance and workers’ compensation insurance. However, there was a narrow exception carved out for evidence pertaining to free or low-cost benefits, such as those provided through the government via Medicare or Medicaid.

Now, the Florida Supreme Court has changed that in the recent case of Joerg v. State Farm, following an appeal from Florida’s Second District Court of Appeal. The court ruled that all defendants will be precluded from presenting evidence of future government benefits because: Continue reading →

Published on: June 19, 2015

Boy, 4, Killed in Florida Crash, Sister, 2, Injured

By Dean Freeman

A 4-year-old boy was killed and his 2-year-old sister severely injured after a box truck driven by an 18-year-old plowed into the back of their father’s vehicle early one Saturday morning.

The 4-year-old was pronounced dead at the scene in Davenport by emergency workers, while his sister was flown to a nearby hospital and listed in serious condition.

Authorities say the father was moving at a slow roll on U.S. 27 approaching a traffic light when the box truck, traveling at highway speed, braked just seconds before impact. The force of that crash sent the vehicle with the children forward into a pickup truck just ahead of them.

Continue reading →