Articles Tagged with Fort Lauderdale accident lawyer

Motorcycle accidents often leave operators and passengers suffering serious injury, facing huge medical bills and the inability to work for an extended period of time. Even so, the last thing many want to do is sue a friend or loved one. What you need to understand is that while you may need to bring a claim against your friend or family member, it’s not them who pays compensation for your injuries. It’s the insurer(s). motorcycle accident attorney

These cases are not unheard of, and in fact, are quite common. (If you think about it, as a passenger, with whom are you most likely to be riding? Not a stranger, but probably someone who is or once was close to you.) In a recent motorcycle accident case in New Jersey, the ex-girlfriend of a state assemblyman filed a lawsuit against him, alleging his negligence in exceeding the speed limit resulted in his losing control of the motorcycle when the pair approached stopped traffic ahead. Defendant told the local Daily Journal newspaper that allegation was untrue because there had been no citation issued. (This is not exactly true, however, because an investigating officer’s decision to cite or not for a traffic violation is not the final word on whether someone was negligent in a personal injury lawsuit; that call is made by the court.) Cases involving exes may be a bit more adversarial than others, but nonetheless generally do not involve plaintiff seeking direct compensation from defendant.

The reason defendants are named is because plaintiffs can’t directly sue insurers. They must file a claim for damages against the person who is actually negligent, and then obtain compensation from the entity required to indemnify/ cover those losses on behalf of the defendant.  Continue reading

In Florida car accident litigation, it’s not just the facts that matter. It’s the procedural details. driving

The claim has to be properly stated, served and filed. All the elements have to be there – on time – or else you risk forfeiting your right to assert damages, perhaps forever.

This was the unfortunate outcome for plaintiff in Sorenson v. Batchfelder, recently before the Wisconsin Supreme Court. Although this is an out-of-state case, the same general principles apply.  Continue reading

Distraction plays a role in an increasingly large percentage of car accidents in Florida and across the country – fueled mostly by the proliferation of smartphones. driving6

We know those drivers may be held liable if they are distracted and cause a crash. However, an emerging legal trend involves holding accountable those with whom the driver is communicating.

Take for example the recent case Gallatin v. Gargiulo, In that case, a Pennsylvania trial court judge decided that two men who were texting with a driver before and during a fatal car accident could be held liable for resulting wrongful death claims.  Continue reading

Just because a Fort Lauderdale car accident occurs at relatively low speeds does not mean it cannot cause serious injuries. Consider that a typical passenger car weighs about 2,000 pounds. If that vehicle makes impact at 10 mph, it’s going to strike with 3.7 tons of force.caraccident

Of course, this has the potential to cause injuries.

Still, that won’t prevent the at-fault driver from asserting the low-impact defense if they can help it. They will try to introduce as evidence pictures of the minimal amount of damage to the vehicle. They may also introduce witness testimony to illustrate the crash occurred in stop-and-go traffic or while vehicles were not traveling fast. They may also highlight the fact that plaintiff refused medical attention immediately after the crash, insinuating that plaintiff may be exaggerating the extent of his or her injuries.  Continue reading

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