Articles Posted in Car Accidents

A jury in Gainesville recently awarded $13 million in damages following a Florida car accident in which a woman died in 2016 when another driver struck her vehicle during an illegal pass. The case has made headlines, and sparked a discussion over personal injury lawsuit damages and how they are calculated.car accident lawyer

As long-time Fort Lauderdale car accident lawyers, our Broward injury legal team recognizes that damages aren’t necessarily reflective of real-life losses. They never could be because, after all, how do you put a price tag on a human life or your ability to walk? Assignation of monetary values to such things may seem callous, but it’s the best means we have of helping to compensate people who suffered as a result of someone else’s careless or criminal actions.

Mostly in civil litigation, the damages we’re discussing are these type of “compensatory damages,” intended to “make whole” the individuals who are suffering, rather than about punishing the person who caused the injury. The exception to this is “punitive damages,” intended to penalize particularly egregious wrongs. Continue reading

If you’ve ever lived up north, you know potholes are something of a way of life. They’re less ubiquitous here in South Florida, as we don’t have the constant freezing-and-thawing cycles of our northern neighbors. What we do have that erodes our roads significantly is rain.Florida injury crashes

For example on the Gulf Coast, the community of Cape Coral’s record rainfall in 2016 resulted in nearly 3,000 potholes in the span of two months.

Although many cities have procedures you can follow to claim compensation for pothole damage, actually getting reimbursed can be tough. NBC Miami reported that of more than 300 claims made in Miami-Dade over a recent two-year span, only 63 – less than one-third – were reimbursed. The county reportedly repaired more than 26,000 potholes over that time frame. In Broward, there were 17 claims made for pothole vehicle damage, yet only 1 was paid. Continue reading

Florida’s new texting-and-driving law holds the promise of potentially safer roads throughout the Sunshine State. After years of pushing by public safety advocates – first for the original state texting-and-driving law and then to amend that law to make it a primary offense – Florida has a brand new distracted driving statute.distracted driving accident lawyer

The new measure, which went into effect July 1st, allows police to initiate traffic stops on the sole basis of observing a driver who is texting. Previously, law enforcement could only issue citations for texting-and-driving if the driver was stopped on the basis of another suspected offense.

Although this move is to be commended, Fort Lauderdale personal injury lawyers recognize Florida is among the last states to take this action. Continue reading

Plaintiffs in trucking crash accidents should be allowed access to the data in onboard electronic monitoring devices.truck accident lawyer

A federal judge has ordered the defendant in a Florida trucking accident lawsuit to turn over the electronic control module (ECM) data on the freight company vehicle involved in a crash that resulted in serious injury to the other driver.

The trucking company admitted fault/liability for the crash, but the question is how much defendant should pay to compensate the victim. As our Fort Lauderdale truck accident attorneys can explain, the question of victim compensation – formally referred to as “damages,” is often an issue of sharp contention in injury litigation and often the only reason some cases go to trial.

This Florida trucking crash lawsuit is noteworthy for the fact that federal safety regulations now require electronic data monitoring devices in large trucks to ensure compliance of hours-of-service regulations from the U.S. Department of Transportation, designed to prevent truckers from driving fatigued. Continue reading

Teenagers are some of the highest-risk drivers on Florida roads. Large trucks are among the most lethal vehicles. Yet the Federal Motor Carrier Safety Administration is floating the idea of a potential pilot program that would give 18-to-20-years-old the keys to big rigs. Fort Lauderdale truck accident attorney

As it stands, federal regulation limits allowances on interstate commercial vehicle operation to those over 21. But last month, the FMCSA announced it was seeking public comment on an initiative to address the commercial truck driver shortage by on-boarding teenage truckers.

Truck accident attorneys understand this was expand an existing pilot program that allows some 200 youths 18-to-20 to operate interstate commercial trucks – but only if they have military training. This expanded version would extend to teens without any formal military training could soon be commandeering 80,000-pound machines, for the purpose of revving up the trucking industry that is experiencing a driver shortage.

Federal regulators are asking for all public input from all stakeholders. They’re bracing for a flood, with big business trucking industry advocates on one side and independent owner-operators, safety groups, railroads and unions on the other. Some have already taken their message to the media, arguing the discussion should be about moving the minimum driving age for truckers up – not down. Even with military training, there is concern it would not be enough to combat inherent youthful immaturity, particularly among males, who are most likely to apply. Continue reading

This weekend, an estimated 43 million people in America are on the move for the three-day holiday weekend – 1.5 million more than were tallied last year.car accident attorney Miami

Memorial Day is one of the busiest travel weekends of the year, and the Southeastern Florida shores of Miami, Fort Lauderdale and West Palm Beach – are prime destinations for visitors flocking from every corner of the globe. Of those tens of millions of travelers, 88 percent are expected to drive, rather than fly or take a train.

To put it mildly, the roads are going to be more congested. Miami car accident lawyers at Ansara Law Personal Injury Attorneys know obviously anytime the number of vehicles on the roads increase, so too do the number of crashes. Continue reading

Distracted driving continues to be a major problem in Florida – one a Palm Beach County lawsuit alleges has been compounded by the “inherently dangerous” technology employed by one of South Florida’s popular rideshare companies.Palm Beach Car accident lawyer

Plaintiff was a pedestrian who sustained serious, life-long injuries in a crash several months ago. The driver who struck her had himself been struck seconds earlier by a Lyft Inc. driver. Plaintiff alleges the Lyft driver was distracted by the company’s digital app, which requires the independent contractors to check their phones constantly behind the wheel.

Are Rideshare Apps Unreasonably Dangerous?

Although this isn’t the first time rideshare drivers and even other technology companies have been accused of liability in distracted driving cases, this matter is a bit different than many of the others our Palm Beach County car accident attorneys have seen. In addition to asserting Lyft’s negligence, plaintiff also raises the issue of product liability. The technology is unreasonably dangerous as designed, according to the complaint. Continue reading

Fort Lauderdale car accident attorneys can tell you there is no such thing as a “safe” car crash. Anytime a large mass of hot, moving metal collides with anything, there is the potential for serious injury or even death. Still, there are undoubtedly some types of collisions statistically known to be worse than others. Fort Lauderdale car accident lawyer

These include:

  • Pileup car accidents
  • Rollover crashes
  • T-bone collisions
  • Head-on collisions

The National Safety Council reported that last year, more than 40,000 people were killed in U.S. car accidents – the third straight year in a row they were that high after decades of declines. Fort Lauderdale car accident lawyers know this doesn’t even encompass everyone affected, as there are hundreds of thousands who suffer severe injuries. Motor vehicle collisions are one of the No. 1 causes of death in the U.S., as well as a leading cause of unintentional injury and property damage.

Although every crash is unique, the reality is there are certain kinds that tend to result in substantial medical expenses, lost wages, extended recovery time and pain and suffering.

When it comes to compensation for these losses, Fort Lauderdale car accident attorneys typically first help you start with claims to your own auto insurer through personal injury protection (PIP) benefits. Depending on the circumstances, you may be entitled to a maximum $10,000 (80 percent of your medical losses and a portion of your lost wages). Florida is a no-fault state for auto insurance claims, but you can step outside that system and pursue bodily injury liability coverage from the insurers of those at-fault if your injuries are considered serious, disabling and/or permanent. Continue reading

Troopers with the Florida Highway Patrol will be cracking down on unsafe driving habits this month as part of their Operation Safe DRIVE (Distracted Reckless Impaired Visibility Enforcement), noting they’ll be watching in particular for infractions involving commercial vehicles. As one official noted to a local news outlet, a “surprising” number of highway crashes involve commercial vehicles of some type. Fort Lauderdale truck accident attorney

Our Fort Lauderdale truck accident lawyers don’t find this surprising at all, in particular after viewing the latest U.S. Department of Transportation data on Large Truck and Bus Crash Facts from the Federal Motor Carrier Safety Administration’s Analysis Division.

The data shows there were nearly 4,900 trucks and buses involved in deadly crashes in 2017 – which was a 9 percent increase from the number recorded just a year earlier. Further, the number of large trucks (defined as those over 10,000 pounds) and buses involved in fatal crashes spiked 42 percent from the record low of 3,432 in 2009.  Continue reading

New Year’s Eve and New Year’s Day are supposed to mark a fond farewell to the past and a celebration of the promise to come. Too often though, a Miami drunk driving crash leads to injury, or worse, death. Miami drunk driving injury lawyer

Florida news outlets reported that between 2014 and 2016, a total of 34 New Year’s Day crashes were reported in the Sunshine State, averaging about 11 annually. It’s widely known the first and last days on the calendar are some of the worst for drunk driving accidents, injuries and deaths. In Florida, only five other days averaged more, though none with more than 13. The riskiest time on the roads is from midnight to 3 a.m. on Jan. 1. That’s when nearly one-third of all New Year’s Day car accidents occur. On New Year’s Eve, 44 percent of crashes occur between 6 p.m. and 9 p.m. This pattern of drunk driving on New Year’s is seen all over the country, year after year.

Miami drunk driving injury lawyers know holidays in general tend to see a spike in Florida car accidents, starting around Thanksgiving and continuing on to Christmas and New Year’s and then through spring break in March. Mothers Against Drunk Driving teamed with Uber last year to encourage folks to designate a sober driver before they are too drunk to drive home themselves.

How to Avoid a Miami Drunk Driving Accident This New Year’s

If you can’t stand the thought of simply staying in this holiday or you’re planning on throwing a party, consider the following:  Continue reading

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