For some, it rattles the conscience to think a drunk driver or his survivors could sue someone else for his involvement in a crash. However, there are some instances where the argument for this is legally sound. Some cases may involve Florida Dram Shop laws. In other instances, it may…
Articles Posted in Car Accidents
South Florida Airbag Injury Claim Filed Amid Huge Recall
As the international recall on Japanese-made Takata airbags widens, a Miami-Dade woman has filed her own lawsuit, alleging defective airbags left her with lifelong scarring – and nearly killed her. It’s true there is rarely such thing as a “normal” accident. After all, crashes are rarely anticipated, and the unexpected…
Auto Owners Ins. Co. v. Foster – Vehicle Ownership Key in Injury Action
The determination of who owns a vehicle and/or who has permission to drive it is a key in the wake of a crash. Answers to those questions will help your attorney figure out which insurance claims to pursue and what kind of coverage to which you may be entitled. Often,…
Safeco Insurance Co. v. Beare – Bad Faith Claim Properly Abated, Not Dismissed
In most bad faith claims against auto insurers, the “bad faith” lawsuit is filed separately from the liability portion, lest it be deemed premature and dismissed. However, in the recent case of Safeco Insurance Co. v. Beare, plaintiff counsel amended the original third-party complaint alleging liability for a crash to…
Gallon v. GEICO – Negligent Misrepresentation Claim to Proceed
An allegedly false statement by an auto insurance agent regarding stacked underinsured motorist (UM) coverage is at the center of a personal injury case before Florida’s Second District Court of Appeal. Although other elements of the claim have been dismissed and affirmed on appeal, allowed to proceed is the question…
GEICO v. Rodriguez – Insurer Must Pay Sanctions for False Testimony of Insured
A Florida appellate court has ruled an auto insurance company for an elderly man who lied about his competency as a driver in deposition testimony following a crash will have to pay sanctions imposed by the trial court for those misrepresentations. Our Fort Lauderdale car accident injury lawyers understand this…
Challenging Florida Auto Insurance Step-Down Provisions
One of the many ways car insurance companies seek to limit the amount they have to pay in claims is with fine print that includes so-called “step-down provisions.” These are clauses that limit the amount of money available to be paid in certain circumstances. While the language may vary from…
Fort Lauderdale Injury Lawyers: Safe Labor Day Travel 2014
The long Labor Day weekend is synonymous with outdoor barbeques, beaches, boats – and an uptick in fatalities attributed to drunken driving and impaired boating. Without fail, our Fort Lauderdale car accident lawyers have noted there are always revelers who will take it too far. We might expect a higher-than-usual…
Carman v. Tinkes – Comparative Fault Can Harm a Personal Injury Case
In personal injury cases, plaintiff’s degree of fault in the incident can impact the size of damages awarded and, in some states, preclude an injured party from receiving anything at all. Our Fort Lauderdale car accident lawyers know Florida follows the pure comparative negligence model. It’s one of the models…
Compulsory Medical Exams at Issue in Florida Personal Injury Cases
In many Florida personal injury cases, either side may request a plaintiff undergo a compulsory medical exam. This is a medical exam conducted to establish or refute arguments made by the opposing side. Our Fort Lauderdale personal injury lawyers know that while courts often grant these requests, they are not…