Articles Tagged with car accident lawsuit

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

Police and other law enforcement investigators play an integral role in your Florida car accident injury claim. As Fort Lauderdale injury lawyers can explain, a traffic crash investigator provides a credible, unbiased and third-party documented observation of details like the date, time and location of an accident, names and contact information of everyone involved, description of injuries documented at the scene, descriptions of vehicles – down to the license plate and VINs. Investigators also provide details about any potential crash causes they may note, statements from witnesses and, if possible, those involved, road and weather conditions noted at the time of the collision and the nature and extent of any damages to personal or public property. They may even take photos or clips of video footage and sometimes in serious crashes or those involved in a DUI or other criminal investigation will continue to gather evidence even after they have left the scene. Fort Lauderdale car accident injury lawyer

Sometimes, citations for traffic violations will be issued, with conclusions drawn about who was at-fault for the Florida car accident.

But while police reports can be very persuasive and valuable in a crash case, they aren’t the only evidence considered, nor are they generally deemed the last word in any crash case. (In fact, the crash report itself is generally considered “hearsay,” and can’t be presented as evidence at trial absent the testimony of the officer who wrote it.) Continue reading

Plaintiffs in a recent wrongful death lawsuit before the Kansas Supreme Court argued that the township, the county and the state department of wildlife and parks were liable for the fatal car accident. Claimants attributed the crash to the failure to provide adequate barriers, signs or other warnings along sections of the road where the crash happened. roadsign

These kinds of cases can be challenging because there are special rules to abide anytime you sue a government agency. Most government agencies and government workers are protected by sovereign immunity statutes, but these are waived in some cases under certain circumstances.

In this situation, plaintiffs sued a number of government entities alleging liability in the deaths of two people on a road in Kansas. One of those was a young man who was a father to two children. His mother filed the claim on behalf of those children. The other was a young woman whose mother filed the claim on her behalf.  Continue reading

A new analysis conducted by the Federal Insurance Office reveals millions of Americans live in swaths of the country where car insurance is not affordable. In an analysis of 9,000 ZIP codes with high numbers of “underserved” people, including those with low-to-moderate incomes and minorities, approximately 10 percent lived in regions where auto insurance cost them 2 percent or more of their household income. That equates to 19 million people nationally.traffic

Here in Florida, the percentage of uninsured drivers in Florida was approximately 24 percent, or about 1 in 5. That’s the second-highest uninsured driver rate in the country. The cost of insurance can’t be discounted as a primary reason for this. The federal researchers concluded that a 40-year-old man with a clean driving record and a strong credit score would pay $1,655 annually for car insurance. That’s 25 percent more than the national average.

When researchers looked at Florida ZIP codes, they found that among all of Florida’s 19 million residents, about 41 percent – or 7.9 million people – live in ZIP codes that have high concentrations of people who are considered under-served. Nearly 30 percent of all people in those ZIP codes pay more than 2 percent of their income on car insurance, which amounts to about 3 million people. Continue reading

Work is a dangerous place for many in South Florida, and there are numerous opportunities to get hurt, depending on the field. Falls are typically the most common, but motor vehicles accidents are a significant source of workers’ compensation claims too. Workers’ compensation benefits are typically the only source of money one can get from an employer for a work-related injury. The good news is employees don’t have to prove the company was negligent, but they are usually only entitled to coverage of medical bills and a portion of lost wages. driveInjuries caused by co-workers – even negligent co-workers – usually fall under this exclusive remedy umbrella.

However, if a worker is injured by a co-worker who was not acting in the course and scope of employment, then the injured worker may be able to pursue a claim directly against that co-worker.

This was the situation in Entila v. Cook, recently weighed by the Washington Supreme Court. Although the ruling doesn’t have a direct bearing on cases in Florida, it’s known that state high courts will often look to the rulings set by other state supreme courts in deciding similar cases.  Continue reading

The holidays are a time to spend with family and loved ones and celebrate the season. People especially look forward to New Year’s Eve and the chance to start all over again with a clean slate. But sadly, for far too many people, New Year’s is a time of endings. That’s because there is a surge in drunk drivers. Revelers are out late to ring in the New Year, and fail to plan ahead, call for a ride or just stay where they are. Instead, they risk their own lives – and the lives of their companions and everyone else sharing the road – to make it to their destination. newyearseve

Technically and statistically speaking, New Year’s Eve isn’t actually horrible when to impaired drivers. The worst comes after midnight, on New Year’s Day. According to the Insurance Institute for Highway Safety, more than half of all fatal crashes on New Year’s Day involve a driver who was drunk or impaired. Intoxication by alcohol is typically measured by whether one had a blood-alcohol concentration that exceeded 0.08.

New Year’s Day exceeds even July 4th when it comes to the percentage of fatal crashes stemming from alcohol intoxication. On that day, 42 percent of all deadly accidents involve a drunk driver. The third is St. Patrick’s Day, on which 40 percent of all roadway deaths involve impaired motorists.  Continue reading

Three year ago, Florida Gov. Rick Scott signed into law amendments to F.S. 90.702 to F.S. 90.704 that changes the standard by which Florida courts determine whether expert witness testimony should be admissible. Previously, we used the “Frye standard,” which asks only whether the technique of the expert is generally accepted as reliable in the relevant scientific community. The legislative change has now instead using the “Daubert standard,” which is more stringent and requires something of a mini-trial in front of a judge before the case can proceed. Questions raise include not just whether the technique is generally accepted, but questions whether there has been empirical testing, whether there has been peer review and publication, whether there is a known or potential error rate, whether there is a maintenance of these standards and more. Cars

The Florida Supreme Court is considering a proposal that would revert the courts back to the Frye standard. (The Florida courts can take action without the legislators on this point because it concerns a procedural element of the court.) Civil plaintiff attorneys argue the Daubert standards are too stringent and serve as a barrier to legal remedy in legitimate claims.

To understand why the importance of this standard matters in civil personal injury lawsuits, we look at the recent case of Sims v. Kia Motors of America, before the U.S. Court of Appeals for the Fifth Circuit. Here, the viability of expert witness testimony was critical to the product liability claim in a wrongful death lawsuit stemming from a fatal car accident. Continue reading

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.piggybankonmoney

In a personal, Chapter 7 bankruptcy, an individual is able to discharge most personal debts that they are unable to pay. His or her assets may be divvied up to satisfy existing creditors to whatever extent possible. In the event that individual is the defendant in a personal injury lawsuit, those debts may be included (though generally not if they arise from one’s intoxicated operation of a motor vehicle). In the event the individual is a personal injury lawsuit plaintiff, courts typically allow that individual to retain their standing in the litigation (as opposed to being forced to turn it over to the bankruptcy trustee) and keep whatever compensation they receive from that proceeding. However, injury victims generally have to ask the bankruptcy court expressly for permission in this. Failure to do so could result in a situation like what happened in Morton.

The court noted part of the price debtors must pay to have their debts more or less discharged and make a fresh start is to detail all their property interests so the bankruptcy trustee can dole out portions of it to creditors. Among these property interests that must be listed are personal injury claims of the person in debt.  Continue reading

It used to be that a phone was just a phone. A way to call one person and speak from long distances. phone

Today, phones have become so much more. They are our maps. Our social calendars. Our means to connect with current contacts and decades-old pals. Our music. Our clock. Our books. Our calculator. Our news source. And so much more.

We aren’t the only ones who have taken note. Because for all the good things that having this technology at our fingertips does, it can be deadly in the hands of a driver. Far too often, distraction turns deadly. In an effort to curb the risk of car accidents caused by mobile phone distraction, auto insurance companies are increasingly giving drivers an option: Download our use tracking app, and get a break on your insurance rates.  Continue reading

A 28-year-old Uber passenger in Orlando was killed in December when the driver allegedly ran a red light and struck a deputy, speeding through the intersection.drivingsleepy

Now, the family of that victim, Corey Allicock, is suing:

  • Uber
  • The Uber Driver
  • The Deputy

Although investigators did not fault Seminole County Sheriff’s Deputy Scott Sullivan in the crash, witnesses who saw the deputy just before the crash said he was traveling 60 mph on the road. Authorities later revealed he was on his way to an emergency domestic violence call. However, it is undisputed he had not activated his emergency lights and siren. The 73-year-old Uber driver, meanwhile, was cited for running a red light and for causing the young man’s death. He has not driven for Uber since the crash. Continue reading

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