Articles Posted in Car Accidents

Electric scooters are gaining traction in urban hubs throughout Florida and the country. Many of these cities have already invested in bicycle share programs – several of them “dockless.” Successes on this front have prompted them to explore other alternative modes of transportation, particularly those that are cheaper and better for the environment and traffic infrastructure systems than motor vehicles.scooter injury lawyer

Here in South Florida, the trendy Miami suburb of Wynwood became one of the most recent communities to host an electric scooter share program. Problems that have arisen in recent months in other cities have include safety hazards from the dockless scooters being left in random places, obstructing sidewalks and public rights of way. The company that launched scooter share in Wynwood, LimeBike, has promised the city it will collect scooters that obstruct sidewalks and public ways during business hours. Other complaints involve rounding up enough of the scooters at any given time to accommodate a large group (or even just two riders) and the fact that one of the models maxes out on speed at walking pace (though some do go up to 15 miles per hour).

For us as Fort Lauderdale personal injury attorneys, the bigger issue is the interaction electric scooter riders may have with cars and trucks, particularly on crowded streets and considering many motorists aren’t used to seeing this type of transportation mode (so they aren’t watching for it). Already in a number of other locations, electric scooter crashes have resulted in serious personal injury and even death. Continue reading

A South Florida woman has filed a car accident lawsuit in Broward Circuit Court, alleging negligence resulting in serious injury, pain, disability, disfigurement and something known as “loss of life enjoyment.” car accident attorney Fort Lauderdale

Such damages are typical to seek in Florida crash injury claims, but this last one is what we want to focus on here. While serious injury, disability and medical costs can be established with documentation such as medical records, bills, bank statements, pay stubs and tax returns (among other types of evidence), loss of life enjoyment is a little trickier because it is highly subjective. It’s also sometimes referred to as “hedonic damages,” “loss of life’s pleasures” or “lost value of life.” It is a type of non-economic damages, which means there is no clear-cut value for the loss, as opposed to economic damages, which are the result of monetary losses suffered as a result of an injury or wrongful death.

In this case, as reported by the Florida Record, the motorist alleges defendant struck her vehicle in December 2016, causing her to sustain severe injuries that required hospitalization and ongoing nursing care. It also had the effect of exacerbating an existing medical condition. Details of the injuries and crash circumstances weren’t given in the initial complaint, except that it occurred at an intersection of the southbound I-95 ramp in Fort Lauderdale and plaintiff alleges defendant failed to maintain control of her vehicle or exercise proper lookout for other vehicles.  Continue reading

A $3 million Florida bad faith insurance claim was affirmed recently by the U.S. Court of Appeals for the 11th Circuit, which found the auto insurer refused to tender its $250,000 policy limits to a plaintiff, even though it was well-established her injuries were clearly in excess of that. Broward car accident attorney

As our Broward car accident attorneys can explain, bad faith insurance, as outlined in F.S. 624.155, occurs when an insurer either unreasonably refuses to pay or properly investigate a claim (first-party) or when an insurer unreasonably fails to defend, indemnify or settle a claim within policy limits or investigate for a different party (third-party). As outlined in the 1995 Florida Supreme Court case of State Farm Mut. Auto. Ins. Co. v. Laforet, an insurer’s duty of good faith involves the duty to refrain from acting solely on the basis of their own interests in settlement.

Claims for bad faith are separate and apart from the original negligence claim that is filed for crash liability, and can result in plaintiffs being awarded triple their actual damages.  Continue reading

Florida’s no-fault auto insurance coverage – also known as personal injury protection (PIP) – is controversial and the subject of ongoing legislative debate. Earlier this year, as reported by FloridaPolitics.com, a bill to repeal Florida’s no-fault auto insurance died in committee. Lawmakers haven’t given up on the prospect of reintroducing a similar, if modified, measure in the future. car accident attorney

As it now stands, PIP coverage, as outlined in F.S. 627.727, is required of all motorists and extends a maximum of $10,000 in medical and disability benefits and $5,000 in death benefits – regardless of fault. It is only if one’s condition crosses the “serious injury” threshold that they may seek additional coverage from the at-fault driver’s insurer and/ or their own uninsured/ underinsured motorist (UM/UIM) carrier.

Recently, it was reported litigation filed earlier this month in the Southern District federal court alleges three separate medical clinics wrongly billed an auto insurer for services through PIP, ultimately cheating the insurer out of $4.7 million. Although the lawsuits don’t specifically allege fraud by crash victims, it’s incumbent on Floridians and car accident attorneys to be mindful of these developments, as they may impact the types of challenges auto insurers may raise to deny medically necessary treatment following a crash.  Continue reading

Following the stunning and tragic collapse of a pedestrian bridge under construction over Southwest Eighth Street at Florida International University in mid-March, resulting in the death of six people killed and several others injured, a total of six lawsuits have so far been filed. It’s likely more will be forthcoming. probate litigation

Each plaintiff was represented by a different Florida personal injury or wrongful death law firm (with the exception of two plaintiffs represented by the same firm), each tasked with the massive undertaking of conducting their own investigations and gathering their own evidence as to what happened and who should be responsible. In some instances, law firms dispatched investigators on the ground while cleanup of the site was still underway, helping to gather critical evidence, while others joined in the weeks that followed. Some of the initial questions raised when there are negligence lawsuits involving that many people for the same incident are:

  • How closely will they work together? For instance, will they pool resources during the discovery process, which is likely to converge?
  • How many will file against the exact same defendants?
  • What degree of independence will they maintain in hiring experts and investigating what went wrong with the design, construction, installation and testing of the bridge?

Continue reading

A $19 million damage award for the widow of a fatal railroad car accident victim was affirmed in Missouri, finding the circuit court didn’t err when finding the railroad company 95 percent liable for failure to trim vegetation surrounding the railroad tracks. car accident attorney

The appeal from the railroad company stemmed from the argument a new trial was warranted due to an alleged error by the trial court of not granting a motion for a new trial based on the intentional nondisclosures of prior car accident litigation by a juror. Ultimately, the state supreme court determined that defense attorneys could have discovered the juror’s litigation history had they re-ran her name through a standard background search once they became aware (at the juror’s notification) that her name was misspelled by the clerk of courts.

The case is worth noting for the fact that this is one of those errors that could potentially happen to either attorney in this case, and there are so many technicalities can impact the outcome. That’s why it’s so important to have an eagle-eyed personal injury attorney in Fort Lauderdale working on your behalf. Continue reading

Many ranches, farms and other agricultural companies arrange for employee housing in addition to wages for their workers. This can raise some interesting legal questions if workers are involved in a collision traveling to-and-from work, especially if one or more is paid during that time.car accident

Typically in workers’ compensation law and with vicarious liability claims, the time in which workers are going to are leaving from work is subject to the “coming-and-going rule.” The coming-and-going rule holds an employee is not acting in the course and scope of employment while traveling to and from work. Therefore, injuries occurring during that time are generally not covered by workers’ compensation and vicarious liability lawsuits.

In a recent case out of Texas, the Texas Supreme Court weighed whether the lower courts had properly granted summary judgment to an employer in a fatal crash case. The court ruled that judgment was improper, reversed and remanded the case to trial for further proceedings.  Continue reading

In a multiple vehicle car accident, where witnesses may give widely varying accounts of what actually happened and who is at-fault and to what degree, the credibility of each witness and party becomes critical.  It’s not uncommon for defense attorneys to challenge the credibility of plaintiffs to challenge their own client’s liability.personal injury attorney

In a recent case before the Hawaii Supreme Court, this was precisely what the defense attorney did, via alleging at various points during the trial that plaintiff was not even in the vehicle, was not injured in the course and scope of employment (she was a home health aide reportedly helping transport a patient to a doctor’s office at the time of the crash) and that she had filed this personal injury lawsuit  as a money grab on top of her fraudulent workers’ compensation claim. He went so far as to tell the jury during closing arguments that if they sided with plaintiff, they should be ashamed of themselves as it would consummate plaintiff’s fraud. Mind you, this was not something of which she’d been formally accused or convicted.

Plaintiff sought a jury instruction that would stipulate they could not consider her motive in filing the case, but rather only whether defendant was negligent. Trial court rejected that request, and jurors returned an 11-1 verdict in the defense favor, finding defendant – the rear driver in a three-car pileup – was not the legal cause of plaintiff’s injury.  Continue reading

Two Florida families are taking legal action against a daycare their children attended in April 2014, when a vehicle crashed into the side of the daycare structure, killing one girl and injuring several other children.injury lawyer

Although undoubtedly one could find fault on the part of the motor vehicle driver who left the roadway and smashed into the building, Broward injury lawyers know it’s imperative to explore every angle and identify all possible defendants. This is for two reasons:

  • Ultimately maximizing the pool of insurance money available to plaintiffs, for a better chance of recovering full compensation;
  • Eliminating the chances a court may find a non-party was partially liable (as you can’t recover from defendants whom you haven’t named in the claim).

In this case, plaintiffs allege the daycare should be held liable for the children’s injuries because they failed to put in place proper barriers around the school to prevent such incidents. The parking lot was angled heading into the building, making such a collision more likely. Additionally, plaintiffs cited several other accidents at out-of-state facilities (in Washington state and New Jersey) owned by this same chain wherein the same kind of accidents occurred. This fact, plaintiffs allege, make these accidents foreseeable. Continue reading

The majority of car accidents in Fort Lauderdale are the result of driver error, often distraction, impairment or speeding. However, poor road conditions can be a causal or contributing factor. It’s imperative for injury attorneys examining your claim for damages to carefully analyze whether this may be grounds to file claims against additional parties, such as the local municipality, the state or construction company. car accident

In most of these cases, we must show the defendant had a duty of care to maintain the roadway, breached that duty with negligent maintenance, and/ or failed to adequately warn drivers of a potential danger.

Crashes in construction zones are a unique – and serious – problem. The U.S. Department of Transportation reports that in 2015, there were nearly 97,000 crashes in work zones nationally – representing an almost 8 percent increase since 2015 and a 42 percent increase since 2013. Of course, crashes overall have gone up as well, but the increase in these crashes is over-represented. More than a quarter of them involved injury to at least one person and 642 of them resulted in at least one death. More than 40 percent of those deadly crashes were rear-end collisions. Continue reading

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