In Florida, courts have established a rebuttable presumption when it comes to the negligence of rear drivers in rear-end collisions. However, this presumption is not without exception, though they are very specific. For example, a sudden stop by a driver ahead isn’t enough to overcome the presumption. The stop has to be both sudden AND…
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Uninsured motorist coverage is essential for all drivers in Florida, though it is not required by law. With 1 in 4 drivers in the Sunshine State not insured, uninsured motorist coverage provides a safety net if you are struck by one of those drivers. In some situations, drivers may have more than one uninsured motorist…
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There are times when personal injury law and bankruptcy law intersect. The recent case of Morton v. Scholtzhauer, before the Maryland Court of Appeals (the highest court in that state) was one of those. In a personal, Chapter 7 bankruptcy, an individual is able to discharge most personal debts that they are unable to pay.…
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Increasingly, anyone who engages in an activity with the slightest risk is being asked to sign a waiver of liability. Many people barely read the language and hardly understand what rights they are signing away. The fact is, they are forgoing the right to take legal action against the owner/organizer/manufacturer – even in the event…
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In Florida, dog owners are liable for the injury or damages their animals cause, regardless of whether they the dog was formerly declared vicious or whether the owner knew about such viciousness. Per F.S. 767.04, negligence on the part of the person who is bitten or injured that contributed to the injury will play a…
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When it comes to auto insurance coverage following a motor vehicle accident, it’s important to understand that crashes involving semi-trucks are totally different from those involving passenger-style vehicles such as cars, pickup trucks or motorcycles. That’s because if you are struck by a pickup truck, it’s more likely that than not that there will be…
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Road debris can take many forms. A ripped tire. A wooden plank. Tree branches. A garbage can. Each can be deadly if encountered on a roadway by a vehicle. Now, the latest report from the AAA Foundation for Traffic Safety indicates that not only is road debris a serious and deadly problem, it’s one that…
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Auto insurance companies that provide underinsured motorist (UIM) coverage to more than one vehicle in a family don’t want those limits stacked so that it might have to pay three times the limit. Similarly, separate policies that cover the same individuals may have anti-stacking provisions in their plans. This is totally legal and will be…
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Our Fort Lauderdale car accidents have come to expect that most auto insurance companies facing down a claim for damages will take whatever action they can to avoid paying that claim – or at least minimize liability. One such tactic occurs even long before the crash: It is to draft policies that contain a myriad…
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A double wrongful death lawsuit in Florida has been filed by the representative of the estates of a mother-son duo who were shot and killed in a murder-suicide by another man who allegedly was trying to rob the son. The homicides occurred in Stuart at the exclusive Yacht and Country Club, where the gunman apparently…
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