Broward Injury Lawyer Blog

December 13, 2015

Porsche Points Finger at Paul Walker for Crash That Killed Him

Nearly two years to the day Fast and Furious star Paul Walker died in a car crash, his father has filed a wrongful death lawsuit against auto maker Porsche. It’s the second such lawsuit against the German car manufacturer. The first was filed by Walker’s teen daughter, Meadow.

The 40-year-old movie star was a front seat passenger in a rare 2005 Porsche Carrera GT, driven by professional racer friend Roger Rodas. The vehicle struck a lamppost and tree in suburban Los Angeles. The vehicle burst into flames shortly after impact, and Rodas and Walker, 40, were burned beyond recognition.

Although investigators with the county and state deduced that high speeds were likely the core cause of the crash, the lawsuit filed by Walker’s father asserts the vehicle lacked important safety features found not just on other high-end racing cars, but on the company’s basic models. Continue reading

December 8, 2015

Panzera v. O’Neal and Publix – When Pedestrian May be At-Fault for Collision With Vehicle

By Ansara Law Personal Injury Attorneys

Florida is known to have a pedestrian accident problem. Nationally, 4,735 pedestrians were killed an an estimated 66,000 injured in 2013, the latest year from which figures are available from the National Highway Traffic Safety Administration (NHTSA).

Florida ranks No. 2 in the nation for the most pedestrian accidents that year – 501, to California’s 701. When population was factored in, Florida was also No. 2 – tallying 2.56 pedestrian fatalities per 100,000 population, versus Delaware, which had 2.70 pedestrian fatalities per 100,000 people. Delaware counted a total of 25 pedestrian deaths that year. According to the Florida Pedestrian and Bicycle Strategic Safety Plan, Broward County ranked No. 2 in the state for both fatalities and injuries. Miami-Dade ranked No. 1 for both.

Pedestrian crashes are more likely to result in fatal or serious crashes than any other type of traffic accident. Most of these incidents happen mid-block without crosswalks, at intersections, areas influenced by intersections, at driveway access points, railroads, bridges and public bus stops. Parking lots too can also be dangerous areas.

In most cases of vehicle vs. pedestrian, it is the motor vehicle driver who is to blame. The driver doesn’t see the pedestrian or isn’t paying proper attention. Many victims may be entitled to compensation via a number of different avenues, but it will depend on the circumstances. Pedestrian accident victims and their loved ones must seek experienced legal council because despite the statistics, there is still much that has to be proven in order to secure damages against a driver. This is especially true where a pedestrian may have shared some responsibility for what happened. Continue reading

December 6, 2015

Fatal Florida Car Accident Reported During Test Drive of a Vehicle

By Ansara Law Personal Injury Attorneys

The Florida Highway Patrol has launched an investigation into a fatal accident that involved a vehicle owned by a local car dealership. Based on the preliminary investigation, the FHP reported, it seems the vehicle was being taken for a test drive, with the employee and two passengers inside.

The crash, which occurred in Stuart, about 90 minutes north of Fort Lauderdale, killed an 83-year-old man named Donald Maloney, who was a passenger in the Honda CR-V. That Honda had just been taken out for a test drive, though the dealership employee was behind the wheel at the time of the crash, according to WPBF ABc-25 News.

Investigators say the dealership employee was traveling south and then turned left at an intersection – and into a Chevy Tahoe. The sport utility vehicle impacted the passenger vehicle on the right front passenger seat. That’s where Maloney was sitting. He was pronounced dead at the scene. Continue reading

December 2, 2015

Joerg v. State Farm – Florida Supreme Court Rules on Collateral Source Benefit Evidence

By Ansara Law Personal Injury Attorneys

The Florida Supreme Court recently took on the issue of collateral source evidence in Joerg v. State Farm, a case stemming from a serious bicycle accident injury.

The collateral source rule, also sometimes referred to as the collateral source doctrine, prohibits the admission of evidence that a plaintiff or victim has received compensation from some source other than defendant. The idea is a defendant shouldn’t have to pay less for a tortious act just because a plaintiff had health insurance or collected workers’ compensation.

Still, since 1984, the court had allowed a limited admission of evidence regarding certain kinds of free or low-cost future collateral source benefits. But that has now changed. In the Joerg case, the court ruled all defendants are barred from introducing evidence of collateral source benefits plaintiffs may receive in the future. These include Medicare and Medicaid. Given that almost all Americans will at least collect on Medicare at some point in their lives, the decision has widespread implications in personal injury law. Continue reading

December 2, 2015

Gemmink v. Jay Peak Inc. – Negligent Maintenance of Property

By Ansara Law Personal Injury Attorneys

Property owners have a duty to take reasonable steps to make sure their property is safe. That includes addressing slippery conditions, longstanding walkway defects or security issues. This is especially true for property owners who host risky and potentially dangerous activities on site, regardless of whether participants sign waivers.

That said, plaintiffs still have a heavy proof burden in showing a causal link between a property owner’s negligent maintenance of property and alleged injuries.

This was seen in the recent case of Gemmink v. Jay Peak Inc., recently before the U.S. Court of Appeals for the Second Circuit. Continue reading

November 28, 2015

Car Insurance Study: Florida No. 1 for Careless Driving

By Ansara Law Personal Injury Attorneys

The good news is that for what seems like the first time in a long time, Florida has a relatively low rating when it comes to poor driving: 32 out of 51 (with D.C. included), according to a recent study by CarInsuranceComparison.com. In fact, it doesn’t even rank in the top 10 when study authors ranked factors such as:

Fatalities per 100 million vehicle miles traveled;
Percentage of fatal crashes involving failure to obey traffic laws;
Drunk driving;
Speeding;
Careless driving resulting in fatal crashes with pedestrians and bicyclists per 100,000 residents.

Interestingly, Montana was deemed to have the worst drivers in the country. That was followed by South Carolina, New Mexico, Texas, Louisiana, Arizona, Hawaii, North Dakota Delaware and Mississippi.

However, Florida did come out No. 1 in one category: Careless Driving. Continue reading

November 24, 2015

Roma v. Moreira – Duty of Landlord to Prevent Tenant Injuries

By Ansara Law Personal Injury Attorneys

Disputes between tenants and landlords are fairly common almost anywhere you live. Unfortunately, too many landlords are more concerned about their bottom line than in ensuring their property is habitable and safe for tenants and guests.

There have been cases in which the lack of management can result in injuries. For example, if there are slippery floors, broken stairwells or damaged handrails, this could result in a serious fall. Where doors and windows aren’t equipped with locks or other security features, this could make residents and guests vulnerable to crime.

In these cases, where injury results, the terms of the lease agreement isn’t the only recourse Florida tenants have. Continue reading

November 20, 2015

Left Turn Motorcycle Accident Kills 29-Year-Old Physician Assistant

By Ansara Law Personal Injury Attorneys

The family of 29-year-old physician’s assistant Alexander Chun described him to The Sun-Sentinel as “happy, “kind” and “smiling.”

Now, his family will never again see his smile again after Chun was struck and killed by a motorist in Pembroke Pines. According to police, the other motorist – a 78-year-old who as of yet has not been charged in connection with the accident – was driving eastbound on Pines Boulevard shortly before 1 p.m. when he cut Chun off while making a left turn onto Northwest 98th Avenue.

Chun’s mother said the Mount Sinai Medical Center employee was riding his motorcycle on the way to meet a friend for lunch.

Chun, who grew up in Northeast Ohio and was an accomplished flutist, was transported to a local hospital, where he was pronounced dead about four hours after the crash.
Continue reading

November 16, 2015

Gagnon v. Anthony – Comparative Fault Central to Injury Lawsuit

By Ansara Law Personal Injury Attorneys

Many are familiar with the fact that negligence, in the legal sense, is when someone who had a responsibility to use due care acts in a careless or reckless way that ultimately harms others.

What is lesser known is that the victim also owes a duty – to his or herself – to minimize the risk of harm. This is known as the “duty to mitigate,” and the idea is that someone who is wronged has a duty to make reasonable efforts to limit the resulting harm.

When an injured person failed in this duty or in someway contributed to his or her own injuries, this is called comparative fault. In some states, a finding of comparative fault will completely prohibit an injured person from collecting any compensation for those injuries. Other states will still allow recovery – reduced based on the percentage of plaintiff’s fault – so long as it doesn’t exceed a threshold of 50 percent or 51 percent.

In Florida, our courts follow a system known as “Pure Comparative Fault.” F.S. 768.81 indicates that the fact of a plaintiff’s comparative fault will not bar him or her from recovery. However, it will reduce the amount of compensation available. So if a plaintiff is awarded $150,000 but was 30 percent at fault for the crash, he or she will only receive $105,000. This is allowable up to 99 percent, meaning an injured person can collect for just 1 percent of damages, even if he or she was 99 percent at-fault.
Continue reading

November 13, 2015

Technology Holds Promise of Ending Driver Distraction

By Ansara Law Personal Injury Attorneys

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.
Continue reading