Articles Posted in Car Accidents

Federal circuit courts are torn on the question of whether an employee who is injured on the job is free to spend the benefits of a third-party lawsuit or other settlement agreement, or if he or she must use that money to reimburse their health insurance provider.

Most courts have said employees can’t spend the money and have to repay their insurers. Under the federal Employee Retirement Security Act (also known as ERISA) workers are promised that if they are hurt on the job, they will quickly be paid benefits. However, they also agree to repay whatever funds they obtain later, usually from a settlement or lawsuit.

But the U.S. Court of Appeals for the Ninth Circuit isn’t on board with this reasoning. In the 2012 ruling in Bilyeu v. Morgan Stanley Long Term Disability Plan, the insurer is unable to collect funds awarded by a third party if the beneficiary has already spent that money. The Eighth Circuit has issued similar findings, but other federal district courts have sided in favor of insurance companies.
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The safety of 15-passenger vans has once again been called into question following three fatal crashes in the Southeastern U.S. – including two in Florida – which killed 14 people and injured dozens more over the course of just two weeks.

These vans, popular for use among church groups, sports teams, senior travelers and large family vacationers, are notoriously poorly-weighted, with a heightened risk of rollover. There are also increased risks of tire blow-out and driver error, as the vehicles are known to be difficult to control.

Safety advocates have seized on these incidents as an opportunity to encourage authorities to warn the public regarding the dangers of these vehicles and the importance of proper maintenance, not overloading and always wearing a seat belt.
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In some civil cases, there may exist a relevant police report. An example would be an accident report generated by a police officer following a crash.

Whether that report will be allowed admission into evidence will likely depend on whether the report contains hearsay. What the court does not want is a “he-said-she-said” situation involving statements made out of course.

In order to overcome these hurdles and secure admission into evidence, plaintiffs may need to seek a qualified exception. Per state and federal rules of evidence, this usually means it must be proven the report was prepared in the regular course of official business and soon after the crash. In many cases, it’s also necessary to have the author of the report – i.e., the police officer – testify in court.
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Commercial truck accidents can result in major property damage and serious injuries to those involved.

What often surprises many victims is the fact that because truck drivers are often independent contractors, it can be difficult to hold trucking companies – or insurers – liable for damages. In many cases, victims are dealing not only with the truck driver, but also the owner of the truck, the owner of the rig and the agency that connects truck drivers with various assignments.

The organizational structure can seem convoluted, but there is a reason for it: To reduce the potential for liability in the event of a crash. These firms know how much victims rack up in medical bills and lost wages, and they don’t want to be the ones to pay for it.

If a trucker is not technically an employee, the hope (for the company) is it cannot be held vicariously liable. The owner of the truck might still be liable, but it depends on the contract that existed between the driver, the owner and the assigning agency.
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Florida’s 2nd District Court of Appeal reversed a $4.8 million judgment favoring the estate of a man who died as a result of injuries sustained in a horrific crash at a roadway construction site several years ago.

In L.E. Myers Co. v. Young, the appellate court ruled summary judgment favoring plaintiff on certain issues was improper and further, trial court should not have allowed plaintiff to seek punitive damages.

Essentially, the appellate court held there were genuine issues of material fact that remained in dispute that should have precluded summary judgment on certain allegations and further, plaintiff hadn’t met the high burden of proof necessary to show gross negligence warranting punitive damages. (Punitive damages are those intended to punish defendant, as opposed to compensatory damages, intended to compensate plaintiff for economic and personal losses.)
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A Florida driver who suffered serious injuries in a 2009 auto accident in Hollywood was recently awarded $1.8 million in damages against the at-fault driver’s insurer by Broward Circuit Court jury, following a six-day trial.

In Brown v. Pennicook, defense fought hard against the notion plaintiff’s injuries were caused by the crash. Instead, defense focused intensively on an old work-related shoulder injury, a pre-existing degenerative condition and the assertion by one doctor that crash-related injury was nothing more than a sprain that didn’t even necessitate surgery.

Plaintiff presented expert witness testimony from a radiologist, two pain management doctors and two neurosurgeons. Each contributed to his position that the injuries he sustained were severe, that he required surgery and pain injections in the past and that he was likely to require long-term medical care and pain management.
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In Dania Beach, a man stands accused of killing an 8-year-old boy and seriously injuring his 14-year-old brother before fleeing the scene. Authorities found the 22-year-old after he reportedly attempted to have the vehicle repaired at an auto body shop. He has since been charged with one count of leaving an accident scene involving death, one count leaving the scene of a crash involving serious bodily injury and one count of tampering with physical evidence.

Despite a new Florida law that increased penalities for hit-and-run drivers, raising the punishment for those charged leaving the scene of an injurious or fatal crash, cases like the one in Dania Beach continue to proliferate.

That’s according to new figures released by the Florida Highway Safety and Motor Vehicles. The agency reports, in the most recent data available, that there were 15,600 crashes in 2013 in which drivers fled the scene of a crash. Many of those were simple fender-benders, but that figure includes deadly crashes too.
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A judge overseeing the product liability case against a vehicle manufacturer whose alleged acceleration problems led to a paralyzing crash has approved a plaintiff request to seek punitive damages.

What that means is the former University of Central Florida student whose injuries rendered him quadriplegic could potentially receive somewhere between $135 million to $180 million if he’s successful in his case. That’s roughly 10 times what he could have received had Palm Beach Circuit Court Judge Meenu Sasser not approved the request.

The man now requires around-the-clock care – and will for the rest of his life. But the greater factor concerning why those additional funds are warranted has to do with the alleged actions of the auto maker. After all, punitive damages are intended to serve as punishment to a liable defendant.
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Parents of 4- and 5-year-old children, take note: As of Jan. 1, 2015, you are in violation of the law if your child is in a moving motor vehicle without being strapped to a child car seat or booster seat.

A new child car seat law took effect at the start of the year, with the aim of reducing the number of child injuries and fatalities attributed to car accidents.

The Florida Highway Patrol reported according to preliminary figures, five children died and another 145 were injured in wrecks due to improper or no child safety restraints last year.
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On Christmas Eve, 2013, a mother and grandmother anxiously waited for a 9-year-old girl to arrive. Her father was to bring her over, and they planned to make gingerbread houses and set out cookies for Santa.

But the little girl never made it. Her father, 27, was drunk, lost control of the vehicle and smashed into a tree. The roof of the vehicle was crushed. It took rescue crews 45 minutes to extricate him from the vehicle. It was only then they realized the 9-year-old girl in the back seat. She was pronounced dead at the scene. Her father’s blood-alcohol content was 0.137 percent – well above the legal limit of 0.08 percent.

He was recently convicted in Illinois of aggravated DUI resulting in death, and sentenced to three years in prison. The guilt that follows him, no doubt, will be a lifetime sentence.

Our Fort Lauderdale drunk driving accident lawyers understand no matter what criminal or civil penalties a drunk driver receives, it will never make it totally right. Still, pursuit of personal injury and wrongful death cases is sometimes financially necessary and often helps families to receive a modicum of closure.

The holidays are a tough time for anyone who has suffered loss, but it’s especially difficult when this time of year marks the anniversary of such a devastating tragedy. The U.S. National Institute on Alcohol Abuse and Alcoholism reports 40 percent of traffic-related deaths on both Christmas and New Year’s involve driver’s who are drunk. This is 12 percent higher than during the rest of December.

Many people are on vacation. They are gathering with friends and family. Alcohol is often a part of these functions. But such beverages must be consumed responsibly, especially if one plans to get behind the wheel.

While law enforcement ramps up enforcement around these holidays, the NIAAA and other traffic safety advocacy organizations are pushing for an increased awareness about how quickly one’s judgment and driving ability can be impaired.

The NIAA conveyed the following facts in a recent advertisement:

–Alcohol acts quickly. It interferes with one’s judgment, coordination and ability to drive long before any obvious signs of physical intoxication appear. The initial energy surge people experience when drinking is deceptive. The reality is, continued alcohol consumption will significantly slow reaction time.
–The effects of alcohol are lasting. It enters the bloodstream and will subsequently impact the body for many hours after consumption. When someone drives late at night after drinking, the sedative effects of the drug are compounded because people are instinctively more tired at night.
–Caffeine is not going to help. It doesn’t counteract the affects of alcohol or help anyone make better decisions. The only thing that will bring on sobriety is time.

While everyone metabolizes alcohol differently, a general rule is to have no more than one alcoholic drink per hour, and to make every other drink a non-alcoholic one.

When people leave holiday functions impaired, they are not setting out to hurt anyone. But lack of bad intent means little to a parent who has lost a child.

Our Fort Lauderdale accident lawyers are experienced in guiding drunk driving victims through all possible legal options.
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