Articles Tagged with car accident injury

Published on:

The sunroof is a popular vehicle feature, especially in Florida, where it can be enjoyed virtually year-round. However, a recent court case and New York Times report have highlighted safety concerns about the sunroof, particularly in rollover crashes and even when the window is closed. car accident attorney

For anyone who may not be familiar, a sunroof is a panel on the roof of a car that can be opened for additional ventilation and light. The panel is non-removable, though some can be opened completely to allow for an open window in the roof. A moonroof is a type of sunroof that will tilt open slightly to allow in fresh air, but won’t open completely like a sunroof. It’s estimated 7 million (or 40 percent of all 2017 model cars and light trucks) are sold with a sunroof, compared to 33 percent for the 2011 model year.

The issue, as the Times reported, is that while these features have gained immense popularity, the government regulations regarding them have remained unchanged – which is to say, there are no regulations. It’s estimated there are hundreds of sunroof ejections that happen each year, many of those resulting in serious injury or death. Some automakers are even introducing “panoramic” sunroofs, which stretch the entire span of the vehicle’s top. This is touted as a luxury feature, but the reality is it can be extremely dangerous, particularly when made with glass that isn’t laminated. Some car makers have on their own made laminated safety glass standard for newer models. Others are working on devices that will help reduce the odds of ejection in the event of a rollover. However, those features aren’t required and motorists and passengers continue to be at heightened risk in the event of a rollover because numerous studies have shown vehicle occupants are safest in a rollover if they can stay in their vehicle. Continue reading →

Published on:

Vicarious liability is the legal means by which we can pursue action against a vehicle owner or an employer for the negligent and injurious actions of those driving their vehicle or employees acting on behalf of the company. It’s not just long-haul truckers who fall into this category. car accident

Recently, DNCE singer Joe Jonas was named a defendant in a car accident lawsuit that occurred when his assistant was driving his vehicle in Hollywood, CA. According to TMZ, plaintiff alleges the assistant made a left turn into an intersection, t-boning plaintiff, who had the right-of-way. There was no police report filed and there were reportedly no witnesses, but the plaintiff did take down the license plate number, which her injury attorney later traced back to Jonas. The assistant gave her name as the driver, though it’s unclear if Jonas was in the car at the time.

But even if Jonas wasn’t there, he could still be liable because not only was the vehicle his, but the person driving it was reportedly acting in the course and scope of employment. Both situations would fall under the umbrella of vicarious liability. She is seeking damages for physical pain and suffering, mental anguish, medical expenses and lost wages.  Continue reading →

Published on:

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 →

Published on:

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 →

Published on:

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 →

Published on:

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 →

Published on:

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 →

Published on:

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 →

Published on:

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 →

Published on:

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 →

Contact Information