Articles Posted in Car Accidents

Traffic safety advocates have been trying everything to curb distracted driving. That has involved:
–Launching awareness campaigns to drive home the point;
–Funding studies to better understand the issue;
–Promoting anti-distraction laws that penalize drivers for not paying attention.

But while many drivers say distraction among motorists is a major concern, a huge portion pretend as if this isn’t applicable to them personally. The AAA Foundation for Traffic Safety has identified this as a situation of “Do as I Say, Not as I Do.”

Now, in a somewhat ironic twist, it may be technology – the very thing that keeps us distracted – that holds the power to help us unplug and stay focused on the road. It’s a matter of critical importance considering the National Highway Traffic Safety Administration’s prediction that motor vehicle deaths will surpass 40,000 this year for the first time in eight years. By some estimates, distraction is blamed for 25 percent of all fatal crashes in Florida.
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When a former chiropractor suffered serious and permanent injuries in a 2004 auto collision with an uninsured motorist and an uninsured motorist, he and his wife sought compensation from their own insurance company. They carried a policy that provided for UM/UIM coverage.

However, there car insurance company – GEICO – refused to pay the claim. At that point, plaintiffs Dr. David Zucker and his wife, Carrie Zucker, had no choice but to file a lawsuit. According to The Daily Business Review, Carrie Zucker had been a passenger in the vehicle and was pregnant at the time. Her injuries, however, were not as serious as those suffered by her husband.

David Zucker reportedly suffered permanent spinal and urological injuries as a result of the crash, which happened on Interstate-95 in Miami after a reportedly uninsured motorist, Miguel Gonzalez, slammed into an 18-wheel oil tank truck, driven by Juan Chirino. The impact of that accident caused Gonzalez’s vehicle spinning across three lanes of traffic, where he slammed into the Zuckers’ vehicle.
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The Broward County Office of Medical Examiner and Trauma Services recently used a $13,000 grant on a video game.

Well, not exactly.

The Dangerous Driving Simulator is an advanced technological tool that serves to demonstrate the perils of driving while distracted or under the influence of drugs or alcohol. It’s a way to offer a real-life message of extreme danger through a safe, simulated experience. Because the problem, say many safety advocates, is that many people believe they are somehow immune to the danger.

That is, they may say that texting and driving is dangerous and they are concerned that other drivers do it. Yet many admit to doing it themselves. Similar findings have been found by the AAA Foundation for Traffic Safety with respect to drunk driving. This “Do as I say, not as I do” mantra is born of the idea that, “It can’t happen to me.” People think they are somehow better at these dangerous activities than others. The simulator shows them the glaring truth: They aren’t.
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Some injury cases are taken on a contingency fee basis, meaning lawyers who agree to pursue the cases aren’t paid anything upfront and they don’t get paid unless they win.

Under the so-called “American rule,” attorneys’ fees in civil litigation aren’t covered by the losing party unless there is some contract, statute or court rule that allows it. Florida does follow the “American rule,” but also abides by F.S. 627.428, which holds that if a judgment is made against an insurer, plaintiff may collect “reasonable” attorney’s fees.

The American rule contrasts with the English rule, in which the losing party always pays the prevailing party’s attorney’s fees.
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A trial court that allowed admitted to evidence the opinions and reports of doctors who did not testify during a car accident trial abused its discretion, the Montana Supreme Court recently ruled. That means plaintiff in target=”_blank”>Reese v. Stanton won her bid for a new trial against the bus service company that owned the bus that struck the van in which she was riding, causing her injury.

According to court records in the case, the crash happened in November 2009. Plaintiff was working at a coffee company, and while on the job, was a passenger in a van that was struck by a bus owned by defendant.

As a result of the crash, plaintiff suffered injuries. She subsequently filed a claim for workers’ compensation. These type of benefits may be paid out in cases where a person is injured on-the-job. It is not required for a person to prove fault against an employer to collect benefits, but it is the only remedy one has against an employer that was negligent in causing injuries.
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Over the last few decades, the tort reform lobbyists representing the interests of big businesses and insurance companies have done an excellent job convincing the American public that plaintiffs in personal injury cases are greedy.

They have promoted the disparaging comments made when someone secures a six-figure settlement against a large restaurant chain or wins millions of dollars in a jury trial against an auto insurer.

But it’s important to remember that these cases are rarely windfalls for the victims. Many of them have endured unimaginable pain and devastation, emotional trauma, grueling recoveries and effects on their relationships, livelihoods and enjoyment of life that can never be reversed. Some never fully recover at all.
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Wrong-way driving in Florida is troubling type of traffic accident that tends to occur more frequently on highways and at high speeds – meaning the likelihood of a fatality is greatly increased.

Impaired driving is perhaps the greatest common denominator, though the poor vision and confusion that can come with age is also frequently cited. Most cases happen at night, and sometimes involve drivers who are distracted or aren’t familiar with the roads they are traveling.

But tackling the problem has proved difficult. Municipalities across the state have taken initiative to put bright, flashing lights at off-ramps that may be mistaken for entrances. Others have tried to improve signage. Many are continuing to weigh the best way to address the problem.
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A lawsuit against a vehicle manufacturer involving a seat belt that failed to protect a larger passenger was recently weighed by the Kentucky Supreme Court.

In Nissan Motor Co. v. Maddox, manufacturer liability had already been established by jurors at trial, and $2.6 million in compensatory damages (to compensate the injured) was awarded to plaintiff. The primary question for the state high court was whether an additional $2.5 million in punitive damages (intended to punish defendant) was appropriate.

The court ruled it was not as the jury instructions on the issue were improper. However, the case highlights the growing issue of motor vehicle safety of larger passengers.
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Fifty-two-year-old Robert Wimpey was wearing a bright yellow vest as he walked the sidewalk along Northwest 90th Way.

The Port of Miami worker who served as the sole support for his 72-year-old ill mother and his 19-year-old student daughter was walking his miniature Doberman Pinscher early one recent Friday morning when it happened: An alleged drunk driver came barreling down the cross street and lost control when accelerating mid-turn, causing the vehicle to skid sideways for 75 feet, striking Wimpey.

The man allegedly behind the wheel, according to the South Florida Sun-Sentinel, was Michael Vincent Smith. The 32-year-old was seen by witnesses in the wake of the accident, down on the ground with the severely injured Wimpey. He was sobbing, begging for help and screaming, “I’m sorry! I didn’t mean to do this!”
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A single-car crash allegedly occurred as a result of an improperly-repaired bridge.

Plaintiffs, who were injured, found out about the alleged road defect after their daughter-in-law, who arrived on scene, spoke with members of the state department of transportation. Although unauthorized by their employer to speak on the issue, the state workers reportedly informed the daughter-in-law their office was advised of an issue earlier that day. They indicated she might want to take photographs of the two metal plates sticking up in the roadway.

It was those two, criss-crossed plates that allegedly caught the undercarriage of plaintiffs’ vehicle as they passed over the bridge, causing the driver to lose control and spin out.

Now, the Mississippi Supreme Court has cemented their right to pursue damages against the state department of transportation – responsible for overseeing the repairs – on claims of failure-to-maintain and failure to warn.
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