Articles Posted in Car Accidents

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Traffic laws are intended to keep order on the roads and improve safety for motorists, bicyclists and pedestrians who all share the space. road

However, there are questions about how effective some of those laws truly are when when Florida has some of the highest rates of accident deaths by motor vehicles – including those involving bicyclists and pedestrians. In 2014, there were 2,494 traffic fatalities in Florida. That’s compared to New York – which has almost the exact same population – which had 1,039. California – which has double Florida’s population – had 3,074 that year. Texas, which is also about double, had 3,538.

Traffic safety experts say the issue is somewhat complicated. It starts with the fact that our roads (as were many in the South) were designed primarily for fast motor vehicle traffic. It continues with the fact that we have year-round nice weather and beautiful beaches and other tourist draws. That means we have far more people on our roads, many of them inexperienced with the area and sometimes on long commutes. There is also the issue of lacking public transportation, which is a major problem in a lot of Florida cities. But another issue is the fact that many of our traffic laws are rather lax.  Continue reading

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One year after a tractor-trailer accident rendered him critically injured, trucker Chris Liddy – a father of three, husband and bicycling enthusiast – has died. motherandson

The Orlando Sentinel reported the sad news after a year-long fight for his life that ended recently in a hospice facility in Central Florida. He was just 40-years-old. Friends and family told reporters Liddy loved the open road, whether it was driving his tractor-trailer or bicycling across the state – a hobby he had fervently dedicated himself to in recent years.

The truck accident that caused his injuries occurred last July. According to the Florida Highway Patrol, Liddy’s truck collided with another tractor-trailer on the Turnpike in St. Lucie County one morning shortly after 5 a.m. Investigators later told WPTV NBC-5 that the two trucks were traveling southbound with the other truck a short distance ahead of Liddy. For an undetermined reason, Liddy’s semi struck the rear trailer of the other vehicle. Liddy then struck a median guardrail and jackknifed.  Continue reading

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A 31-year-old habitual traffic offender was arrested following a road rage incident caught on film in which he appears to intentionally run over two motorcyclists before fleeing the scene. tollroad

The Florida Highway Patrol reports the Land O’Lakes man had a nasty exchange with the bikers in the moments before the incident. One of the victims, a 46-year-old Navy veteran, said he feared for his life and the life of his female passenger. 

“You don’t know what’s going through his mind,” the victim told 10 News. “Is he going to put the car in reverse? Is he going to turn around? Is he going to stop and pull out a gun?” Continue reading

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In Florida car accident litigation, it’s not just the facts that matter. It’s the procedural details. driving

The claim has to be properly stated, served and filed. All the elements have to be there – on time – or else you risk forfeiting your right to assert damages, perhaps forever.

This was the unfortunate outcome for plaintiff in Sorenson v. Batchfelder, recently before the Wisconsin Supreme Court. Although this is an out-of-state case, the same general principles apply.  Continue reading

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A 28-year-old Uber passenger in Orlando was killed in December when the driver allegedly ran a red light and struck a deputy, speeding through the intersection.drivingsleepy

Now, the family of that victim, Corey Allicock, is suing:

  • Uber
  • The Uber Driver
  • The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash. Continue reading

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Distraction plays a role in an increasingly large percentage of car accidents in Florida and across the country – fueled mostly by the proliferation of smartphones. driving6

We know those drivers may be held liable if they are distracted and cause a crash. However, an emerging legal trend involves holding accountable those with whom the driver is communicating.

Take for example the recent case Gallatin v. Gargiulo, In that case, a Pennsylvania trial court judge decided that two men who were texting with a driver before and during a fatal car accident could be held liable for resulting wrongful death claims.  Continue reading

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All auto insurance policies carry limits, which are supposed to be clearly-defined and indicate how much is available per-person and how much is available per car accident. carinsurance

These limits are important not just for that policy, but also for other secondary policies that may be applicable. Some insurance – like uninsured/ underinsured motorist coverage – will only kick in once the limits of the primary policy have been exhausted.

In the recent case of Trotter v. Harleysville Ins. Co., the question before the U.S. Court of Appeal for the Seventh Circuit was whether the trial court correctly decided that the $500,000 limit on an auto insurance policy was per accident, and not per-person. It was a difference that could have meant hundreds of thousands of more dollars for plaintiffs. However, the appeals court ultimately decided the trial court was right, denying plaintiffs additional coverage. Continue reading

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The Florida Department of Transportation is moving ahead with a nearly 100-mile road project along Alligator Alley that is intended to save lives.

But will it actually put them at risk?highway9

That’s the claim by some critics, who say the $18 million project will put thousands of lives in peril if they continue to press forward with the measure.

Traffic department officials say the purpose of the guardrails is to keep motorists from careening off the roadway and into the deep canals that line the sides of the Everglades.  Continue reading

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A man injured in a car accident last year is suing not only the young driver who slammed into him, but the social media platform on which she was allegedly engaged at the time of the wreck. phone

According to the complaint in Maynard v. McGee and Snapchat, filed in a Georgia state court, plaintiff alleges a critical cause of the crash was the mobile software produced and made available by Snapchat.

For those unfamiliar, Snapchat is a messaging app that allows users to take photos or videos and than add a caption, doodle or lens graphic over the top and send it to a friend. Users can also create “stories” and broadcast them publicly – either to everyone or just to your followers. Some of these images can only be viewed for a short period of time before they disappear.  Continue reading

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A local auto dealership may be facing a vicarious liability lawsuit soon, following a tragic car accident in Delray Beach in which a mechanic behind the wheel lost control of the car and smashed into a motorcycle, fatally injuring one of the riders. driver1

According to The Sun-Sentinel, the Ed Morse Toyota Scion, which is part of the larger Ed Morse Automotive Group, offered condolences to the family of the decedent, a Canadian woman who was the rear passenger of the bike.

Police with the Delray Beach department allege that a mechanic for the auto dealership was speeding along Dixie Highway when he reportedly lost control of the vehicle, a 2002 Lexus sedan. He was reportedly test-driving the vehicle.  Continue reading

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