Articles Tagged with car accident

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If you drive a motor vehicle in Florida, chances are that when you arranged for auto insurance, as required by law, your policy came standard with uninsured/ underinsured motorist coverage (also sometimes referred to by acronym UM/UIM coverage). As Palm Beach car accident lawyers know, Florida law requires all insurance polices that provide bodily injury liability coverage to also provide UM/ UIM coverage – unless one has supplemental coverage that already provides it OR the insured supplies his or her written rejection of the coverage on behalf of all insureds under the policy. Anyone leasing a car for longer than a year has the sole privilege to either reject UM/UIM coverage or to lower the limits.Palm Beach car accident attorney

Uninsured motorist (UM) coverage will help cover your injury losses if those at-fault have no insurance at all, or in the case of a hit-and-run crash. Underinsured motorist (UIM) coverage is defined as a crash scenario wherein the at-fault driver is insured according to statutory minimum levels (notoriously low in Florida) but insufficiently to pay the injured person’s losses.

While more drivers have UM/UIM coverage than not, that doesn’t mean getting the auto insurance company to pay up is easy. Palm Beach car accident attorneys know the reality is all insurance companies are loyal their bottom line – not you, not matter how long you’ve been a faithful customer. This is why having an experienced car accident lawyer working with you from the start when you file your claim is important.

As outlined in F.S. 627.727, order to prevail in a UM/UIM claim, you must not only prove that you have coverage, but that the other driver(s) were negligent and liable for your injuries, that your injuries were serious enough to meet the “serious injury threshold” to step outside of the state’s no-fault system and that the at-fault driver(s) lacked adequate auto insurance to adequately cover your crash-related damages.

Hiring an injury lawyer with a track record of success in car accident settlement negotiations and in the courtroom is imperative. Continue reading →

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A South Florida car accident reportedly left one woman disfigured and disabled. The Florida Record reports that in a subsequent lawsuit she filed against the alleged at-fault driver, she is seeking “loss of life enjoyment” in addition to damages for serious injury, medical expenses, pain, disability (lost wages) and disfigurement.West Palm Beach car accident attorney

This particular type of damages is worth exploring because while medical bills and lost wages are quantifiable losses, the impact of one’s “loss of life enjoyment” is far more subjective. Nonetheless, it can mean a sizable increase in the sum of one’s total calculated damages. It can be a significant portion of one’s damage award, too, if the individual didn’t suffer any significant loss of income, such as a young person, someone who is retired or a stay-at-home parent.

Loss of life enjoyment is a component of pain and suffering damages in a personal injury lawsuit. Not all states recognize this as a distinct and calculable compensable loss, but Florida does. Here, pain and suffering refers to the direct pain resulting from injuries sustained as a result of a Florida car accident. Loss of life enjoyment, meanwhile, pertains to the emotional, physical and psychological losses one endures long-term as the result of that crash.  Continue reading →

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A $19 million damage award to the widow of a man killed when a train struck him as he attempted to cross the tracks has been affirmed.

Defendant railroad company had sought a new trial based primarily on a typo and alleged “intentional non-disclosures” by a single juror. The Missouri Supreme Court found these arguments unpersuasive.

Court records reveal decedent was a 53-year-car accidentold businessman who died when his pickup truck was struck by a northbound freight train at an unguarded crossing on a county road. The crossing is marked by “passive railroad crossbuck signs,” but no flashing lights, bells or crossing gates to warn people of oncoming trains. Furthermore, the road crosses the tracks at what is described as “an extreme angle,” which plaintiff alleged created a hazardous intersection that was made even more dangerous by visual obstacles, such as overgrown vegetation.

Plaintiff presented evidence of numerous “near-misses” at this intersection before this fatal crash in 2012. The crossing, decedent’s widow argued, did not meet basic industry safety standards (specifically because they did not trim the vegetation that had become overgrown around the crossing), the railroad company defendant knew that and yet failed to seize on numerous opportunities to correct this danger. Continue reading →

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In many Florida car accident claims, there is more than one tortfeasor (wrongdoer) who may be compelled to pay damages to the injured victim. Prior to 2006 and the passage of F.S. 768.81, Florida’s pure comparative fault statute, injured car accident victims could seek the full amount of damages from a single defendant – even if that defendant was only partially responsible for the crash. That defendant then had a right of action to pursue action against the other responsible parties to pay their fair share. This is the doctrine of joint and several liability, but it was effectively abolished with the introduction of Florida’s comparative fault law, along with the 2009 decision of the Second District Court of Appeal in T&S Enterprises Handicap Accessibility v. Wink Indus. Maintenance & Repair Inc. In that case, the court held that defendants who intend to assert fault on a non-party joint tortfeasor need to do so as an affirmative defense. Another ruling in 2011 by the U.S. District Court for the Southern District of Florida (relying on the decision in Wink) rendered any contribution-related claims “obsolete.”injury attorney

The issue of joint liability is one that varies widely from state-to-state. Recently in Illinois, the state supreme court held that a counterclaim for contribution by joint tortfeasors following an injurious truck accident was rightly dismissed, despite defendants’ claims that a prior settlement was not reached in good faith because the settling defendant’s conduct was intentional.

Here’s what happened: Plaintiff was a passenger in a vehicle traveling on the interstate around 1:30 a.m. At the time, three lanes were closed due to construction. One defendant, a truck driver, was traveling in his semi truck behind plaintiff. He was operating this truck on behalf of his employer and the carrier of the truck, which are the other named defendants. At the same time, another defendant, a driver under the influence of cocaine, was traveling the opposite way on the interstate, made an improper U-turn through the median and collided with the vehicle in which plaintiff was riding. Plaintiff’s vehicle rotated and defendant truck driver did not have enough time to stop. He slammed into the passenger door of that vehicle, causing plaintiff serious and permanent injuries.  Continue reading →

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Can you sue your Uber driver if they cause a wreck and you’re injured in it? uber accident attorney

The short answer is yes – but you may not need to.

Let’s start by explaining that Uber and other ride-sharing services like Lyft have completely revolutionized the transportation system. It’s typically faster and cheaper than a taxi, but it may not necessarily be safer as ride-sharing services sometimes aren’t as well-regulated as livery vehicle services. However, many states, counties and cities have imposed regulation on ride-sharing services to bolster safety for the general public. And while Uber and other services have fought tooth-and-nail to avoid having drivers classified as “employees,” the technology giant does now have insurance coverage for each driver. As Uber explains, it breaks down like this:

  • If a rider is in the car, Uber offers up to $1 million in third-party liability for injuries of riders in the vehicle, other drivers, pedestrians or bicyclists (assuming the Uber driver was at-fault). There is also $1 million in UM/ UIM coverage if another party is at-fault but that person doesn’t have enough coverage to fully compensation for losses. It also covers hit-and-run accidents where the at-fault driver flees the scene.
  • If a driver is on the way to pick up a rider, Uber offers the same $1 million in third-party liability and UM/UIM coverage.
  • If the app is on and the driver is waiting for a pickup request, Uber pays at least $50,000 in injury liability per person and $100,000 total per crash plus $25,000 in property damage liability.

Continue reading →

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When you take your vehicle for repair or service, you have the right to expect the work will be performed competently. That’s part of the duty of care held by the party servicing the vehicle. When the servicer or repair shop fails in this duty, resulting in injury, it can be cause for legal action.car accident lawyer

Auto mechanic liability alleges the mechanic or shop is responsible to pay damages caused by negligence. For instance, if a mechanic rotates the tires on a vehicle but does not properly reattach the lug nuts on one of those wheels and it results in an injurious crash, that could be cause for injured parties to seek damages against the mechanic. Shops may also be liable if they negligently hire mechanics who are not properly qualified for the work they perform.

Recently in Massachusetts, parents of a teen killed in a car accident filed a wrongful death lawsuit against the auto repair service that had allegedly improperly installed tires on her vehicle.  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 auto manufacturer was ordered to pay $1 million to a man who was catastrophically and permanently injured in a rollover crash when his seat belt failed to protect him. He was rendered quadriplegic, though has retained some limited use of his hands through therapy and a nerve transplant.car accident attorney

However, after the close of the trial, the judge granted defendant auto maker’s motion for judgment as a matter of law, finding the evidence insufficient to support a plaintiff win. Plaintiff appealed this JML ruling, and the U.S. Court of Appeals for the Eighth Circuit reversed, reinstating the jury verdict, but allowing for a new trial on the issue of damages.

According to court records, it was five years ago when plaintiff, driving two of his sons and a group of other boys home from a Boy Scout camp, was seriously injured when he struck a boat and trailer towed by a pickup truck. The initial impact didn’t cause any severe damage, but then the sport utility vehicle he was driving overturned.  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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Car insurance is essential. It’s mandated in all states, to varying degrees, but it ensures that when we are involved in a car accident, those damages will be covered, whether that is through no-fault personal injury protection (PIP) benefits or through bodily injury liability coverage from the at-fault driver’s insurer. Other times, it’s derived from uninsured/ underinsured motorist (UM/UIM) coverage, which protects those who are insured in case they are struck by someone who lacks insurance or doesn’t have enough insurance to cover the full extent of the damages. car

Previous reports in Florida show that 1 in 4 drivers in the Sunshine State are driving without any insurance at all. A far greater number are driving on only the minimum amount of coverage mandated by law.

Now, a recent study by the Federal Insurance Office reports that millions of Americans live in regions where car insurance is not affordable. The agency looked at auto insurance premiums for basic liability coverage of motor vehicles in some 9,000 zip codes that have a high number of “under-served” consumers – including those with low to moderate incomes and those who are minorities. What they discovered was that the rates were not affordable in 845 of those zip codes analyzed. That’s approximately 9 percent of those areas, which equates to about 19 million people nationally.  Continue reading →

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