Articles Posted in Car Accident

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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.car accident attorney

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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We know that 2015 and 2016 were record years for auto recalls, fueled largely by defects in airbags and ignition switches. This rush of recalls began over the last couple of years after it was revealed a number of potential fatal flaws – often ones that could have been fixed for just a few dollars per vehicle – were hidden from the public, in some cases for decades.car accident attorney

Unlike the typical Orlando car accident lawsuit, those that involve defective vehicles name a product manufacturer, as opposed to another driver, as the defendant. In some cases, litigation will name both. Defective vehicles or flawed vehicle parts are always a possibility that our best accident attorneys in Orlando explore following a crash, given the pervasiveness of these problems, which include everything from wiring and fuel problems leading to fire hazards to airbags that fail to deploy – or deploy with explosive force – putting drivers, passengers and other motorists at serious risk of injury or even death.

Just since the beginning of this month, Cars.com has issued nine vehicle recall notices. That doesn’t necessarily encompass the full number, but it gives you a sense of the fact that these problems are near constant and ongoing. A dedicated accident attorney will not overlook this critical fact when reviewing the details of your accident and injury.  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. car accident attorney

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.car accident attorney

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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When a fatal Florida car accident occurs, there will be additional types of damages apart from what is typically awarded in other cases. Fatal crash claims are still generally filed under a theory of negligence, but there can also be a wrongful death component which allows for additional damages. In our state, there is a specific wrongful death act that is governed under Section 768.16 and the several sections that follow of Chapter 768 of the Florida Statutes. One of the more important components of the Wrongful Death Act that provides for the ability to file such an action can be found in Section 768.19.

pedestrian accident lawyerSpecifically, Section 768.19 provides that if a person could otherwise bring a negligence case against a person under the laws in Florida, and the alleged negligent act resulted in a death, the plaintiff may bring a wrongful death action.  Continue reading →

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While we typically hear about more teen car crashes during the summer months, they can happen any time of year.  There are a variety of reasons for the seemingly excessive teen crashes including the inexperience of new drivers and also the riskier behavior in which teens tend to engage.  This riskier behavior also applies to driving and that can result in a serious or even deadly car accident. When a plaintiff is killed a car wreck, or dies later as a result of the injuries sustained in the serious accident, this can lead to the need to file a wrongful death lawsuit pled under a theory of negligence.  This is not only true of teen drivers, but also young adults.

car accident attorneyAccording to a recent news article from TC Palm, an eighth-grade student was killed in a fatal car accident at the end of the 2017/2018 academic-year winter break. The victim’s mother said her son was on his last day of the winter break and was complaining of being bored.  He wanted to go out for a ride even though it was raining hard.  There was no destination in mind so he was looking to go for a joyride as kids often like to do.  Continue reading →

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Any person or business owning a vehicle is responsible to use reasonable care in ensuring the vehicle is properly maintained. An owner may be liable particularly if they had notice or were aware the vehicle had a malfunction that could affect the vehicle’s safety. An example might be failure to respond to a factory recall of the vehicle/ part, allowing tires to become “bald” and worn to an unsafe tread depth or ignoring dashboard service or warning lights for an unreasonable length of timetruck accident lawyer

Section 396.3 of Federal Motor Carrier Safety Administration’s regulations requires commercial trucks to undergo systemic inspection, repair and maintenance, which is generally understood to mean a regular or scheduled program to keep vehicles in safe operating condition. The statute doesn’t specify the exact intervals, as the question of how often maintenance is needed may be fleet specific, but the carrier has to keep proper records of those inspections and repairs. Failure to do this can result in the malfunction of a part or system that could have devastating consequences on the road.

Our auto accident attorneys are committed to carefully combing through these records to determine whether vehicles were adequately maintain and, if not, whether this was a causal factor in the crash. This should be done for collisions involving any vehicle, but especially commercial trucks. Continue reading →

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A recent survey conducted by Travelers insurance found that 4 in 10 drivers conceded they use a phone while they are driving, usually because they feel compelled to be available for work at all hours and/ or they don’t want to upset their boss. distracted driving accident lawyer

Of the 43 percent who are on their phone while behind the wheel:

  • 38 percent were talking on the phone;
  • 17 percent were texting
  • 10 percent were emailing

Of those who admitted they were engaged in work-related communication while driving, more than half were between the ages of 18 and 44. The Washington Post reports the survey was intended to analyze the common practice of people using their personal vehicle for work. Of those who responded, three-fourths said they use their own personal vehicles for some work-related function, outside of simply traveling to and from the office. This raises an interesting legal question with regard to liability for resulting crashes because someone who is acting in the course and scope of employment at the time of a crash could be eligible for workers’ compensation benefits. Additionally, if the employee was found to be at-fault, the company could be vicariously liable to pay damages to the injured victims under a legal doctrine known as respondeat superiorContinue 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.car accident attorney

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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Three people died recently in a wrong-way car accident in Florida, including the wrong-way driver and a newly-engaged couple who had just learned they were expecting a child.

The couple, a 24-year-old man and 21-year-old woman, were traveling on Interstate 75 near Tampa when they encountered a 21-year-old motorist traveling in the wrong directcar accident attorneyion. Authorities with the Florida Highway Patrol are investigating the crash, though it’s likely the wrong-way driver will be deemed at-fault. That will open the door for two wrongful death lawsuits against his estate. Although most people don’t have the personal funds to cover the full amount of damages, but usually there are avenues for compensation, such as personal injury protection (PIP) benefits from the victim’s insurer, bodily injury liability benefits from the at-fault driver’s insurer and uninsured/ underinsured motorist benefits from the victim’s insurer. Florida statute also allows for compensation from the vehicle owner (or the vehicle owner’s insurer), if that individual is someone different from the driver.

Wrong-way crashes are a serious problem in Florida, one that the state highway patrol and other advocates have begun trying to address with a number of countermeasures. The Florida Department of Highway Safety and Motor Vehicles reports there are approximately 1,500 wrong-way crashes in Florida annually. Not all of those are fatal, but a larger percentage of them are compared to other types of crashes. That’s because most wrong-way collisions are head-on. This type of violent crash accounts for 81 percent of all wrong-way crash fatalities. In cases where motorists are not killed, they are often seriously injured.

FHSMV reports these incidents most often occur at night and during times of transitional light (dawn/ dusk). During these hours, the agency encourages drivers to stay to the right. This can give other motorists the best chance to avoid a collision. If you see a wrong-way driver approaching, immediately reduce your speed, pull ff the roadway and call 911.  Continue reading →

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