Articles Tagged with car accident attorney

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Auto insurance companies universally set per accident and sometimes per person limits on how much can be collected after a collision for which they are liable. These limits are based on the specifics of the policy in question, usually involving how much the insured pays.bicycle accident

While the question of how many accidents occurred is typically a simple one, there are scenarios wherein certain facts could raise doubt. This is commonly the case in multiple-vehicle accidents. It’s not uncommon in these situations for plaintiffs to argue more than one crash occurred. The simple reason for this the more accidents there were, the more insurance money will be available. In many cases, the number of claimants will not affect the per-accident payout (so the more claimants there are, the less can be paid to each individually). Meanwhile, proving there was more than one accident could mean more damages collected per claim.

In a case recently before the Wyoming Supreme Court, this issue was raised by a widowed bicyclist who was seriously injured – and her husband killed – when they were struck by a driver as they rode along a roadway.  Continue reading →

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Your auto insurance policy is, at its core, a contract. It outlines the scenarios under which your insurer will cover you for an accident, the maximum it will pay and your responsibilities as an insured. car accident

Those responsibilities can include things like paying your bill on time or notifying your insurer if you have an accident. It can also include things like cooperating with the investigation. Failure to meet those responsibilities can result in a denial of coverage for your injuries.

Working with the best Orlando car accident attorney can help ensure your rights are protected and also that you meet your obligations.  Continue reading →

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An insurance company is liable to cover a $15 million trial verdict won by the mother of one victim of a horrific drunk driving crash in South Florida several years ago. car accident

The insurer might have had a leg to stand on in its assertion that the claim isn’t covered, but because of its failure to comply with the Claims Administration Statute, F.S. 627.426, and did not give proper notice of its refusal to defend (based on the assertion defendant was not a named insured).

In fact, the insurer hired a defense lawyer to represent the defendant throughout the trial. It also failed to obtain a non-waiver agreement from defendant or retain an independent counsel mutually agreeable to both insurer and defendant.  Continue reading →

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It’s well known that smoking or otherwise consuming marijuana before getting behind the wheel dramatically increases the likelihood of a car accident – even when the dose in question is small. However, proving marijuana impairment is much more difficult than proving intoxication by alcohol. That’s because marijuana remains in one’s system for much longer than alcohol. The effects may have long worn off, but traces of the drug remain days or even weeks after consumption. car accident lawyer

Although some states have a legal limit allowable, scientists and medical experts mostly agree these limits are arbitrary, and aren’t necessarily the most accurate markers for determining impairment. Florida does not have a per se limit for drivers when it comes to marijuana.

In car accident civil injury lawsuits, that can be a double-edged sword. If it is believed defendant driver was under the influence, plaintiff attorneys will be tasked with carefully piecing together the circumstantial evidence to show impairment was a causal factor – knowing the presence of the drug in one’s bloodstream in and of itself isn’t proof positive. On the other hand, it will be tougher for defendants to assert plaintiff impairment simply by virtue of the drug’s presence in the body. If a defendant is successful, it could significantly hurt plaintiff’s case in determining both liability and damages.  Continue reading →

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As the national rate of traffic fatalities fell by more than 20 percent between 1975 and 2015, the rate in Florida spiked by 47 percent. That’s according to recent data published by the National Highway Traffic Safety Administration (NHTSA). Where there were 1,998 people killed in 1975, there were 3,357 in 2006 and 2,939 in 2015. Although these figures fell by about 12 percent between 2006 and 2015, there was a jump of 18 percent just between 2014 and 2015.car accident attorney

Meanwhile in the U.S., there were 44,525 traffic deaths in 1975, compared to 35,092 in 2015. This latest figure is a slight increase since 2006, but it’s still overall a lower number. That’s great news, but clearly, we here in Florida need to be doing more to curb the number of traffic accidents that cause serious injury and death.

To our Orlando car accident attorneys, this is bigger than the numbers. The fact is, these are not merely statistics. These are real people with spouses and children and parents and loved ones and communities who rely on them. For us, seeking compensation is personal. We work tirelessly to help our clients be made whole by seeking recompense from at-fault drivers, automobile owners, vehicle manufacturers, insurance companies and those responsible for road design and maintenance. Continue reading →

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Statewide rules on Uber, Lyft and other ridesharing services went into effect earlier this month, after Gov. Rick Scott agreed to create uniformity as it relates to the services, which had previously been regulated by a patchwork of local statutes.car accident attorney

The new law went into effect July 1st. HB 221 establishes long-debated statewide regulations for so-called “transportation network companies.” The new law, codified now in F.S. 627.748, sets forth a number of provisions these rideshare services will have to meet, some of which the companies had been voluntarily following anyway.

Among the provisions of the bill:

  • Insurance for bodily injury and death is $50,000 per person and $100,000 per accident and $25,000 per property damage while the driver is logged into the app. This can be paid by the driver’s own plan, through the insurance provided by the rideshare company or some combination of both.
  • Insurance for bodily injury and death of $1 million when the company is engaged in an active ride with a passenger.
  • Rideshare services will be required to conduct background checks on their drivers.
  • Drivers will be required to show their picture and license plate numbers to riders before they are picked up.

Continue reading →

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When you buy a used car, you may factor in a few needed maintenance repairs into the cost. However, you don’t expect that the very device intended to save your life could actually maim or kill you.airbag1-226x300

However, a recent crash in Nevada highlighted an unfortunate hole in the efforts of the government to remove dangerous exploding airbag inflators made by Takata off the road. Specifically, there is nothing in the law that requires these devices be removed from wrecked cars and then reinstalled into new ones.

In the Nevada case, an 18-year-old woman’s trachea was punctured when shrapnel came spewing at her from her airbag when she crashed in Las Vegas. The collision was deemed relatively minor. The greatest threat to the driver was the airbag – the very contraption designed to save her life in the event of a serious crash. She nearly died, but survived and is still recovering. Surgeons had to remove several pieces that severely damaged her vocal cords. Continue reading →

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Florida has been ranked the second-worst state in the country when it comes to distracted driving, tailing only Louisiana for the dubious distinction. iphone

The study was conducted by the online insurance firm EverQuote Inc. Although we normally wouldn’t highlight the findings of an auto insurance company as any sort of gospel, EverDrive, the  motion-sensing app used to conduct the analysis gleaned information from some 2.7 million trips and 230 million miles driven. Plus, these same kinds of results have been underscored in previous studies on distracted driving.

What the findings showed was that more than 9 in 10 drivers across the country who have cell phones used those phones while in a moving car at some point in the previous month. Study authors created a point system that analyzed certain maneuvers, such as bard braking, speeding, aggressive turning, sudden acceleration and other movements while the phone was in use (not in sleep mode). Based on this calculation, Florida was ranked the second-worst.  Continue reading →

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Although we often think of distracted drivers as being teens exchanging light-hearted banter via text messages, the truth is one of the major causes of distracted driving is the constant demand top stay connected at work. Employers expect their workers to be available at a moment’s notice – whether by email, text message or phone call. This creates a powerful and constant incentive for employees to be checking messages and responding to calls. iphone

This is not only dangerous to employees, but also to the rest of us who share the road with them.

Although many company leaders are socially aware and mindful, they are also concerned about their bottom line. That’s why they push workers to maintain this level of availability. But it’s also why they may be receptive to a growing chorus of advocacy directed at the business community to reduce distracted driving. These types of crashes could make companies vulnerable to civil liability. Continue reading →

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Two students from Florida State University will killed one recent weekend in a pileup on Florida’s Turnpike. highway rescue

As the Tallahassee Democrat reports, the chain reaction crash claimed the lives of a 20-year-old woman and an 18-year-old man and also resulted in more than a dozen injuries. The Florida Highway Patrol reports the two decedents are from Weston and both graduated from Cypress Bay High School.

Any time there is a chain reaction crash, there are often serious injuries, particularly when they happen on the highway, because of the high speeds and number of vehicles involved. Chain reaction crashes can be difficult in terms of financial recovery because it is not always clear who was at-fault. Making this determination typically requires extensive investigation, and it may be that several parties are to blame. This is why it is so essential for individuals in these cases to hire an attorney with experience.  Continue reading →

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