Articles Tagged with car accident injury

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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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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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A 30-year-old North Fort Myers woman suffered a double leg amputation after she was struck by a vehicle along I-75 in Fort Myers as she was helping another motorist who had crashed into a guardrail. highway

Now, her family has set up a GoFundMe account, and is asking for assistance for the woman, who is a mother to five children under 10, including three foster children. Friends and family have pitched in to help with the children while the victim is hospitalized. According to USA Today, the woman had already spent several weeks in the intensive care unit, with one leg amputated at mid-thigh and the other just above the knee.

Complicating her situation even further is the fact that she did not have health insurance. Now, she faces mountains of medical bills for care and future prosthetics, which would be the only way she will ever walk again. According to ABC News, the cost of a single prosthetic leg can be anywhere from $5,000 to $50,000 – and even the most expensive are only built to withstand about three to five years of wear-and-tear. That means they have to be replaced numerous times over the course of one’s life – a cost few people can afford even with decent health insurance.  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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F.S. 768.72 allows personal injury claimants in Florida to seek punitive damages against defendants for especially egregious wrongs. driver1

However, there are many limits on these damages. Although they are received by the plaintiff, they are not intended to compensate the plaintiff. Rather, they are intended to punish the defendant. Courts have to first grant plaintiffs permission to seek these damages in the first place. Beyond that, they cannot be “unconstitutionally excessive,” though there is no exact dollar-figure cut-off.

The recent car accident lawsuit of State Farm v. Brewer (consolidated with the appeal of Goellner v. Brewer) before Florida’s Second District Court of Appeals reveals how the courts can approach these cases to determine what is reasonable and what is excessive.  Continue reading →

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The Federal Highway Administration encourages roadway agencies to adopt roadside vegetation management programs that identify the best maintenance practices for each location. An integrated approach includes:

  • Mowing
  • Cutting (mechanical and hand)
  • Use of herbicides
  • Grazing of livestock
  • Cultivating desirable vegetation
  • Re-vegetationroadbush

Essentially, drivers have to be able to see and navigate the road clearly. If overgrowth of vegetation blocks a driver’s view of roadway signs or oncoming traffic, the municipality in charge of maintenance could find itself facing a car accident lawsuit.

That’s the situation in Wuthrich v. King County, a lawsuit recently revived by the Washington Supreme Court.  Continue reading →

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Lost income and loss of employment benefits are among those factors taken into account when awarding damages to a car accident victim.brakes

In most cases, if you’re employed by someone else, you simply request a letter from your company indicating your position, rate of pay, hours typically worked, number of hours or days missed after the accident and whether you took sick leave, vacation time or a leave of absence.

However, when victims are self-employed (as an 26 million people in the U.S. are), proof of lost income gets trickier. It’s usually advisable to hire a forensic accountant to assist in studying past income and offer a forecast of potential future income and business growth rate (or lack thereof).  Continue reading →

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