Articles Tagged with Fort Lauderdale car accident lawyer

A car accident lawsuit trial is slated to begin soon in Georgia, where plaintiff alleges he was strapped with a six-figure medical bill after the crash left him with a fused spine.spinal

While many auto accident injuries can be serious, a fused spine is a lasting – and expensive – condition. It’s also extremely painful. When it results from another driver’s negligence, only an experienced injury lawyer should be trusted to handle the claim. Spinal fusion is a type of major surgery, often lasting several hours. It can involve bone taken from other areas and used to form a bridge between vertebrae or metal implants being inserted between sections until new bone can grow between them. Recovery time can take weeks and sometimes months. There are also risks that include:

  • Intense pain
  • Blood clots
  • Nerve injuries
  • Graft rejections
  • Fusion failure

And of course, the surgery is extremely expensive.  Continue reading

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.

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For example, a sudden stop by a driver ahead isn’t enough to overcome the presumption. The stop has to be both sudden AND unexpected. For instance, a driver on a suburban street who stops suddenly for a child who darted out into the middle of road – that’s not wholly unexpected. Neither is a driver who stops suddenly at an intersection because someone else ran a red light. However, a driver who arbitrarily stops suddenly on a four-lane highway – that might be both sudden and unexpected.

Still, drivers who are struck from behind should not assume these will be slam-dunk cases either. An experienced attorney can help you spy any potential hurdles to overcome. Continue reading

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. driving6

One such tactic occurs even long before the crash: It is to draft policies that contain a myriad of exceptions and loopholes and contingencies so as to deny coverage on different grounds. However, as the recent case of State Farm Mut. Auto. Ins. Co. v. Jakubowicz shows, this tactic can backfire when the language of the policy is ambiguous.

Courts across the country have held that when there is more than one meaning to the language in an auto insurance policy, the meaning that best favors the insured is the one that will be followed. That’s because courts have recognized that insurance companies, as the entities that draft the language of the policy, have the upper hand. It’s their responsibility to make sure the policy is clear.  Continue reading

A Florida product liability lawsuit alleging faulty airbags leading to a fatal car accident slated for trial in the fall when attorneys announced a surprise confidential settlement agreement. airbagdeployed

The case centers on allegedly defective Takata airbags, which are reported to have played a role in at least 10 deaths and more than 100 injuries when they improperly inflate and spew metal debris into the faces and necks of front seat occupants.

Vehicles made by 14 different automakers were recalled in what the National Highway Traffic Safety Administration (NHTSA) has called the biggest and most complex recalls to date. Most of the bags were installed in vehicles from 2002 through 2015.  Continue reading

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

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

A defective car seat resulted in permanent and profound injuries to a then-7-year-old boy.caraccident2

Now, a jury in Texas has awarded his family $124 million, assigning 55 percent of the blame to the car manufacturer. Another 25 percent of the blame was assigned to the driver who rear-ended the car he was in. His father was assigned 20 percent liability, because neither he nor his son, who was seated directly behind him, were wearing a seat belt. 

This tragic case highlights not only the estimated 100 serious injuries – mostly to children – that resulted from this specific defect since 1989, but also the fact that defective vehicles resulted in a record 900 recalls last year. In total, 51 million vehicles were taken off the market for a myriad of dangerous aspects, from defective airbags to dysfunctional brakes.  Continue reading

A $3 million damage award for the wrongful death of a husband and father killed in a car accident was upheld recently by the U.S. Court of Appeals for the Eighth Circuit.wideload

In Brown v. Davis, decedent was killed on a bridge crossing over the Mississippi River between Illinois and Missouri. His injuries occurred when a huge “log skidder” tractor fell off of a large truck and onto his vehicle.

The truck was driven by one defendant for his uncle, another defendant, who owned a logging company, also named as defendant. Plaintiff was decedent’s wife and mother of his two children. She alleged defendant’s were negligent because driver failed to exercise due caution, the owner of the vehicle failed to block oncoming traffic and the company was vicariously liable. Continue reading

Just weeks ago, a driver operating a passenger car rear-ended a Broward County public school bus on Northeast Ninth Avenue in Fort Lauderdale. The entire hood of the black Acura TSX was underneath the bus. driver1

No one was seriously injured, but as evidenced by news reports, these kinds of incidents aren’t all that common. If someone could miss a large yellow bus looming in front of them, it stands to reason smaller vehicles stopped in traffic are at higher risk. AAA reports distracted driving accounts for between a quarter and half of all crashes, and likely an even larger chunk of rear-end crashes.

Drivers simply aren’t paying attention to what’s happening in front of them. In fact, a recent Virginia Tech study, “Second Strategic Highway Research Program Naturalistic Driving Study,” found after analyzing three years’ worth of footage that 75 percent of crashes are due to driver error and people are engaged in distracted behavior 68 percent of the time they are behind the wheel.  Continue reading

When entering into a car accident settlement, crash victims must make sure the language of the agreement is carefully reviewed. Some agreements contain provisions that release not only the person or entity involved, but also all future defendants, even if those have not yet been identified. caraccident7

Make sure to ask the personal injury lawyer negotiating your settlement about this possibility, and carefully read the document yourself before signing off.

The case of Gores v. Miller is a cautionary tale. This was a case recently before the South Dakota Supreme Court, but the principles are still applicable to accident victims in South Florida. Continue reading

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