Articles Tagged with West Palm Beach accident attorney

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Recently, an appellate court in South Carolina ruled on a criminal appeal brought by a woman who was accused of causing a fatal car accident while intoxicated, based on toxicology reports that showed marijuana in her system, as well as cold and cough medicines. prescriptions

In the case of Kranchick v. State, defendant was challenging the expertise of the state’s primary witness, who asserted that while the marijuana in her system could have been consumed up to 24 hours previously if she was a regular user, the amounts of cold and cough medicines in her blood indicated she was not using them for therapeutic purposes. Initially, the trial court granted her request for post-conviction relief on this point, but the appellate court reversed and reinstated defendant’s original conviction and sentence – which was for 13 years in prison.

But the case raises the larger question of how much cold medicine is too much? Can driving with a cold really be as dangerous as driving drunk? What does that mean in terms of liability?  Continue reading →

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Defendants in car accident lawsuits aren’t always other drivers and their insurance companies. roadsigns

There are many entities – both on and off the road – that can play a role in causing a crash. For example, a bar that serves alcohol to a minor driver can be named a defendant under Florida’s dram shop laws. A manufacturer of a vehicle or vehicle equipment can be named for defective design resulting in a critical failure resulting in either a crash or exacerbated injuries in the crash. The owner of a vehicle can be named even if he or she wasn’t driving at the time of the wreck, per a theory of negligence known as vicarious liability.

The list goes on. Continue reading →

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