Articles Tagged with Fort Lauderdale car accident attorney

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If you’re like many people in the wake of a collision, you may be wondering, “How much compensation for car accident can I expect?” Our Fort Lauderdale injury attorneys can explain there are a number of factors that are weighed – by the insurance adjusters, attorneys and the courts.how much compensation for car accident

The two basic types of car accident compensation in Florida are compensatory (actual) and punitive. Compensatory damages are intended to compensate you for losses you have sustained. Punitive damages are intended to punish the other person for conduct that was grossly reckless or flagrantly disregarded the rights and safety of others, as explained in F.S. 768.72. As our Fort Lauderdale car accident lawyers can explain, the only time that is ever really applicable in car accident injury cases is in drunk driving crashes. For the most part, when we determine how much compensation for car accident in Broward County, we’ll be looking at the varying kinds of compensatory damages. These include:

  • Special Damages. These are damages that compensate for quantifiable monetary losses. These would include thing repairs, lost wages, medical bills, etc.
  • General Damages. These would be non-monetary damages for the harm, such as pain and suffering, emotional and mental anguish, disfigurement, loss of life enjoyment, loss of consortium/ companionship.
  • Speculative Damages. These are damages that have not yet occurred, but that plaintiff can reasonably anticipate. These damages usually cannot be recovered unless plaintiff can prove they are likely. An example would be loss of earning capacity in your career. Continue reading →
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Occasionally our Fort Lauderdale car accident attorneys are asked, “A drunk car hit me? Now what?”

First we need to clarify: While the car may have been the object that struck you or your vehicle, it was in fact the driver who was impaired. It is also the driver who would be held accountable if you’re asking what to do if a “drunk car hit me.” drunk car hit me

The good news is Florida law enforcement officials launch regular crackdowns on drunk drivers over holiday weekends – necessary because drunk driving accidents in Florida tend to be higher over these high travel periods. NBC-2 in Cape Coral-Fort Myers on Florida’s Gulf Coast announced numerous police departments plus the Lee County Sheriff’s Office would be launching their own, Drive Sober or Get Pulled Over” campaign over the recent Thanksgiving holiday weekend, a national effort repeated by law enforcement agencies across the country. Heightened enforcement has been shown to reduce drunk driving crashes, injuries and wrongful deaths in Florida, but of course they don’t eliminate them entirely.

The U.S. Centers for Disease Control and Prevention report 2.1 percent of Florida drivers admit to driving after having too much to drink, higher than the national average of 1.9 percent.  Continue reading →

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A Florida deputy is being hailed as a hero after he reportedly sacrificed his life by driving his cruiser in the path of a wrong-way driver – ahead of another driver who otherwise would have been struck.highway5

Deputy John Kotfila, 30, was killed in the crash, as was the 31-year-old wrong-way driver, Erik McBeth. The wrong-way car accident happened in Hillsborough County around 2:45 a.m. on the Leroy Selmon Expressway.

The 41-year-old woman who was saved said the deputy saw the imminent danger she faced and made a split-second and heroic decision to sacrifice his own life to save her. Continue reading →

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Recently, a high-speed chase by police tailing a fugitive through the streets of Miami spanned more than a half hour until the suspect was caught, according to the Miami Herald. The 34-year-old suspect is charged with attempted murder after he allegedly stabbed his girlfriend numerous times before fleeing. During the chase, he reportedly narrowly avoided striking other vehicles as he weaved through traffic, blew past intersection red lights and skidded with sharp turns. At one point, he exchanged gunfire with police in downtown Miami. police

This scene had a high potential for serious injury or death of innocent bystanders.

Most police agencies have policies that prevent chases – particularly high-speed chases – in all but the most serious of situations. A study by the National Institute of Justice found that most departments had written policies governing pursuits. While increasing the number of vehicles involved in the pursuit was more likely to improve the odds of apprehension, it was also more likely to up the risk of accidents, injuries and property damage.  Continue reading →

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If you are involved in an auto accident with another driver who is reckless or careless, establishing liability for injuries is fairly simple.carcrashinsurance

Minor damages are paid through one’s own insurer, per Florida’s no-fault rules. More substantial accidents may require claims or lawsuits against the other driver; their insurer should cover those damages. Where that driver lacks auto insurance or doesn’t have adequate coverage, drivers can file a claim for uninsured/ underinsured motorist benefits through their own carrier.

But what happens if the car that hits you doesn’t have a driver? The liability question is a legal snag regulators say must be resolved before these cars  hit the market en masse. Continue reading →

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A 27-year-old British tourist vacationing in South Florida was killed recently in a hit-and-run. Witnesses say the BMW that struck him was traveling at upwards of 100 mph. The driver reportedly got out of the vehicle after the collision and fled on foot, leaving three female passengers inside the car. Police are still looking for that driver.miami

Authorities say the tourist, who is an airline worker vacationing with a friend, was using a zebra crosswalk on Collins Avenue in Miami Beach when the collision occurred.

A witness later told The Daily Mail it appeared as if the driver was traveling up to 100 mph. The impact of the collision was so forceful, the victim ended up nearly 100 yards away from the point of impact. Continue reading →

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The recent case of Zaldivar v. Prickett, before the Georgia Supreme Court, dealt with issues of vicarious liability and negligent entrustment as they relate to car accident litigation. cardriving

Vicarious liability is a kind of strict, secondary liability that originates from the doctrine of respondeat superior. That isthe responsibility of a superior for the tortious acts of a subordinate. A person or business can be vicariously liable even if they haven’t actually engaged directly in any negligent behavior.

Negligent entrustment, meanwhile, is a direct form of liability that asserts one party negligently provided another with a dangerous instrumentality, and the person entrusted with that dangerous instrumentality caused injury to a third party with that instrumentality.

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Emergency responders – including police officers – are given an enormous responsibility to make it to emergencies quickly. However, there is also an expectation that they will do so as safely as possible. accident

These government workers are given a great deal of latitude in terms of liability, but only so long as they are acting within the scope of their employment and only as long as they are behaving reasonably under the circumstances.

Still, when the public is placed in jeopardy as a result of these actions, there may be grounds for litigation. The U.S. Department of Transportation estimates there are approximately 250,000 high speed chases annually. Of those, between 6,000 and 8,000 end in crashes, claiming the lives of 500 people and injuring some 5,000.

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Drunk drivers cause nearly one-third of all traffic fatalities nationally, or about 10,000 people each year. It’s surprising this figure isn’t higher when you consider research by the Centers for Disease Control and Prevention indicates there were 112 million trips made by drunk drivers in 2010 alone. drinkinggirl

We know persons injured by drunk drivers – or survivors of those killed – may seek compensation through the impaired driver’s insurance company or against the accused himself. In fact, personal injury judgments stemming from drunk driving cannot be discharged in bankruptcy, like many other kinds of debts. The law takes it pretty seriously.

But what if you are the drunk driver, and you were injured? In most cases, you may have a difficult time securing any significant recovery for damages in Florida unless you can prove your intoxication was not a major factor in the crash. For example: You were impaired, but the other driver ran a red light and caused the crash. Perhaps the other driver was impaired too.

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