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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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Last Memorial Day, a six-year-old child lived through a terrifying ordeal on Fort Lauderdale Beach Park when the bounce house she and two others were in took flight and sailed at least 20 feet before dropping hard to the ground. bouncehouse

Now, she girl has filed a personal injury lawsuit in Fort Lauderdale, accusing both the vendor and the city of negligence. The inflatable structure had been affixed to a basketball court at the park and three children were inside when a tornado reportedly swept through and picked up the structure.

A recorded cell phone video of the incident shows the horror of those involved as the structure was lifted off the ground. Screams can be heard on the jostling video. The little girl inside, now the plaintiff, would later tell reporters she was thinking, “I was about to die.” She suffered a head injury, was admitted to the Broward Health Medical Center and treated overnight.

In addition to the City of Fort Lauderdale, vendor All Star Events, based in Miami Lakes, is named as a defendant.  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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Parents spend a lot of time choosing the right day care facility. It takes a lot to trust someone else with the well-being of your young child.childgroup

But sometimes despite even a parent’s best efforts, a day care injury results anyway. Determining whether the injury was the result of negligence and whether it’s compensable will involve weighing a number of factors.

Generally, day care facilities have total and complete control over your child’s activities and have a duty to adequately staff, properly hire and fully supervise what goes on. When they fail to do those things and your child is injured as a result, a day care accident lawsuit may be your only remedy to ensure compensation – and justice.  Continue reading

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A construction accident in South Florida resulted in two worker injuries at a parking garage on the Miami-Dade College Campus in Doral recently. construction2

According to NBC Miami, one of the huge concrete plates that interconnect to the main structure crashed down onto the third floor of the parking deck. Although crews are not calling the construction accident at “collapse,” video of the scene shoes the slab clearly cracked and fallen onto the lower level of the garage.

Crews with the Miami-Dade Fire Rescue had to lower the two workers down before transporting them to a hospital. One appears to have suffered a serious leg injury.  Continue reading

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A Florida boating accident on Lake Maitland resulted in three serious injuries – including the daughter of state Sen. David Simmons (R-Altamonte Springs). boating

According to WFTV-9, two others are in critical condition while Simmons’ 18-year-old surfer/ model daughter suffered a broken femur. The boat belonged to Simmons, who was not on the boat and said it was taken without his permission. The group was celebrating the teen’s boyfriend’s birthday, according to witnesses.

Arrested with causing serious injury while boating under the influence was 45-year-old Krystyna Vitiello, Simmons’ ex-sister-in-law. Per F.S. 327.35, a person is guilty of boating under the influence if he or she operates a vessel while either under the influence of alcohol or drugs or with a blood-alcohol level of 0.08 or higher. If the person commits BUI with serious bodily injury against another, it’s a third-degree felony, punishable by up to five years in prison.  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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Usually, perpetrators fleeing a crime scene will be afforded little protection under the law for injuries they sustain as a result. highway2

However, there are exceptions and it’s important to consider that under Florida’s comparative fault statute, F.S. 768.81, those who are partially to blame for their own injuries can still collect damages from others who shared responsibility.

The recent case of Roddey v. Wal-Mart, though not a Florida case, is a good example of this. In this South Carolina Supreme Court case, justices were asked to decide whether lower courts erred in issuing a directed verdict in favor of a store whose contracted security guard chased down an alleged shoplifter – with fatal consequences.  Continue reading

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In many Fort Lauderdale car accident cases, the amount of damages available will be determined by how much insurance coverage is involved. highway1

Auto insurance policy limits are generally expressed as:

  • Amount per person;
  • Amount per accident.

So let’s say there is a policy that allows $100,000 per person and up to $150,000 per accident. That would mean if only one person is hurt, he or she could collect up to $100,000. However, if two people equally suffer $100,000 in damages, the most either could collect would be $75,000 – because the policy limit is $150,000.  Continue reading

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