Articles Tagged with Fort Lauderdale injury attorney

A cruise line has a responsibility to know that passengers are at risk of sexual assault, and have a duty to do more when it comes to the protection of minors especially. That was the conclusion of the U.S. Court of Appeals for the Eleventh Circuit in Miami, overturning the lower court’s grant of summary judgment for the defense.Fort Lauderdale injury lawyer

Cruise ship injury lawsuits have compiled in recent years, following a string of victories by plaintiffs alleging cruise ship owners and staff did not protect them from criminal assault resulting in serious physical and psychological injury – despite knowing this was a common risk.

In this case, according to court records, plaintiff was plied with alcohol by a group of adult men who then guided her, in full view of security cameras, stumbling, back to a private cabin and took turns sexually assaulting her. She was 15-years-old. The girl was on a seven-day cruise with her grandparents and two sisters. Continue reading

Troopers with the Florida Highway Patrol will be cracking down on unsafe driving habits this month as part of their Operation Safe DRIVE (Distracted Reckless Impaired Visibility Enforcement), noting they’ll be watching in particular for infractions involving commercial vehicles. As one official noted to a local news outlet, a “surprising” number of highway crashes involve commercial vehicles of some type. Fort Lauderdale truck accident attorney

Our Fort Lauderdale truck accident lawyers don’t find this surprising at all, in particular after viewing the latest U.S. Department of Transportation data on Large Truck and Bus Crash Facts from the Federal Motor Carrier Safety Administration’s Analysis Division.

The data shows there were nearly 4,900 trucks and buses involved in deadly crashes in 2017 – which was a 9 percent increase from the number recorded just a year earlier. Further, the number of large trucks (defined as those over 10,000 pounds) and buses involved in fatal crashes spiked 42 percent from the record low of 3,432 in 2009.  Continue reading

When you are injured on-the-job in Florida – as thousands of workers are – you most likely will be entitled to compensation for medical bills, a portion of lost wages, retraining and perhaps a lump sum disability payout from your workers’ compensation insurer. The good thing about workers’ compensation is that it is part of a no-fault system, meaning you don’t have to prove your employer did anything wrong or that you did not. Instead, one need only prove the injury occurred in the course of and arose from the scope of one’s employment. The trade-off is: It doesn’t cover everything. Fort Lauderdale work injury attorney

The exclusive remedy provision of workers’ compensation law stipulates it’s your only recourse against an employer. If you are left seriously injured or permanently disabled, it’s important to discuss with a South Florida injury attorney whether any third parties were negligent and, if so, whether they could be held liable to pay additional compensation.

Construction workers, who tend to have a higher-than-average rate of injury, often have grounds for third-party liability claims because frequently, there are many different entities involved with various responsibilities pertaining to safety. If your co-worker makes a mistake that results in your injury, you probably won’t have grounds to pursue anything additional there. However, if a property owner, general contractor, subcontractor, tool manufacturer or some other party fails in exercising a duty of care owed to workers on site, you might have a third-party claim. Also, if your employer did NOT have workers’ compensation insurance as required by law, you should be able to pursue an injury lawsuit against them as well.  Continue reading

Work zone crashes are an incredibly serious problem that continues to plague our Florida roads and highways. The U.S. Department of Transportation reports in a single recent year, there were an estimated 97,000 work zone crashes, an increase of nearly 8 percent from just a year earlier – and a 42 percent rise since 2013. Although most only result in property damage, our Fort Lauderdale car accident lawyers know that every single day, there are at least 70 work zone crashes resulting at least one injury and every week, at least a dozen deaths. Even while overall highway traffic deaths decline, work zone crash fatalities are rising. Of those killed, 85 percent were drivers and passengers in cars and 25 percent of those fatal crashes involved a large truck (compared to 12 percent of highway deaths overall).Fort Lauderdale personal injury attorney

Recently, the Alabama Supreme Court affirmed a $3 million verdict for plaintiff in a highway construction zone crash lawsuit, after defendant construction company sought a new trial or alternatively a remittitur (reduction of damages).

Work Zone Crash Causes Serious Personal Injury

The work zone crash occurred in June 2010 on a two-lane U.S. Highway where the construction crew was replacing the bridge and approaches to it. The state Department of Transportation had prepared plans for the project, including traffic control, and had supervisors on site to ensure compliance. Defendant construction worker was operating a Caterpillar motor grader in the northbound lane. Plaintiff, with four passengers in his van, attempted to go around the motor grader by crossing the double-yellow line into the southbound lane. The motor grader then turned left, and the two vehicles collided. Plaintiff suffered a double-fractured jaw, broken leg and bruised lung.  Continue reading

Florida is somewhat unique when it comes to slip-and-fall cases (compared to other states and compared to other premises liability action here in Florida). Thanks to a 2010 move by the legislature (backed heavily by corporate lobbyists), people suing for slip-and-fall in Florida must prove not only that there was a transitory foreign substance on the floor of a business that caused a fall that resulted in injuries. They must also show, per F.S. 768.0755, that the property owner had actual or constructive knowledge of the substance. slip-and-fall

Actual knowledge would be if the property owner/ controller created the mess or was directly informed of it. Constructive knowledge can be established with circumstantial evidence that shows the slippery condition had either lasted for a long enough time the property owner should have discovered it in the course of using ordinary care OR that it occurred with regularity and was therefore foreseeable.

This can be challenging, which is why the injury attorney you choose should be highly skilled and experienced with a track record of success in these cases in the last eight years since the law changed.  Continue reading

One out of every three young adults has recently ridden in a vehicle with a driver who was impaired by drugs. That’s according to a recent analysis by researchers at Colorado State University, with findings published in the Journal of Studies on Alcohol and Drugs. Furthermore, the study shows that for the first time, youth are more likely to be in a vehicle with a driver who is under the influence of marijuana as opposed to being drunk.injury lawyer

As our drunk driving injury attorneys in Fort Lauderdale know, there could be a lot of different reasons for this. One is that this is one of the first studies to ask teens and young adults about the kind of substance used by an impaired driver, rather than just asking whether they were impaired at all. That said, there is good reason to speculate crashes involving cannabis-impaired drivers and those impaired by other drugs has risen, relative to the number of drunk driving accidents.

The 2016 National Survey on Drug Use and Health revealed nearly 21 million people 16 or older drove under the influence of alcohol in the past year, while nearly 12 million drove under the influence of illicit drugs. Marijuana is the most found drug in the blood of drivers found in crashes – just after alcohol. Recent research seems to indicate marijuana may not be even more prevalent than alcohol in drivers involved in fatal crashes; However, we must be careful with that data because while the drug is present in the system’s of an increasing number of drivers, that doesn’t automatically mean it was a causal factor.  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

Florida lawmakers are slated to begin considering whether to repeal the state’s long-standing no-fault auto insurance requirement. On average, this additional protection costs drivers about $81 per policy, according to recent research. The question legislators have to decide is whether those savings are going to be worth it in the end due to the fact that it will likely result in an uptick of car accident lawsuits.car

The no-fault insurance for motor vehicles allows that there is “no-fault” when it comes to paying out an auto insurance claim following a car accident under a certain amount. Instead, drivers are required to carry personal injury protection (PIP) coverage, which extends payment for any medical expenses and certain non-medical costs associated with the crash, such as lost wages or replacement benefits (i.e., having someone come help you clean your house while you are unable to do so). All Florida drivers are required to carry a minimum level of PIP benefits in addition to liability insurance requirements. Then if they are involved in a crash, they file a claim with their own auto insurer. The only way they can pursue a claim outside that no-fault system is if the injuries are considered permanent or permanently disfiguring/ scarring or if there is some significant or total loss of an important bodily function. Drivers have to carry at least $10,000 in PIP benefits.

Legislators have decided that in the spring, they will mull a proposal to scrap the no-fault insurance law that has been followed in the state since the 1970s.  Continue reading

The family of a 5-year-old girl killed in a car accident by a driver who was reportedly distracted is suing technology giant Apple Inc. for wrongful death. Plaintiffs allege Apple officials knew its FaceTime app, in use by the at-fault driver at the time of the fatal crash, was being used by drivers in a dangerous manner. Further, plaintiffs say, Apple had the technology needed to make the app inaccessible to drivers (while still allowing passengers to access it), and yet chose not to implement it. sad

Specifically, plaintiffs say the company failed to install and implement a safer alternative design that would have halted a driver from accessing the app while speeding down the highway.

According to court records in Modisette v. Apple Inc., filed in the Superior Court of California in Santa Clara County, the girl was in a booster seat in the rear passenger seat, behind her father, who was driving. He slowed his vehicle because traffic ahead on the highway was backed to a standstill. However, the driver behind them, a 22-year-old from Florida in a sport utility vehicle, apparently didn’t notice the slowed traffic as he barreled down the road at 65 mph. He slammed into the back of the car. Everyone was injured, the little girl and her dad most severely. He survived. She did not.  Continue reading

Some car accident cases are more complicated than others. This is especially true of cases in which one of the driver was on-the-job, acting in the course and scope of employment and/or was operating a company vehicle. chef1

First, there is consideration that – generally regardless of fault – an employee injured while working can collect workers’ compensation.

Second, if the employee was at-fault and others are injured, those injured persons may seek compensation from the employer by alleging vicarious liability (via the legal theory of “respondeat superior,” which is Latin for, “Let the Master Answer”) or for direct liability (i.e., inadequate training, negligent hiring, inadequate supervision, unsafe equipment, etc.). Even if the employee wasn’t technically on-the-clock, there could be a claim for vicarious liability against the company if the worker was driving the company vehicle. That’s because in Florida, motor vehicles are known as inherently dangerous instrumentalities, and therefore, owners can be held responsible for the negligence of anyone entrusted to operate them.   Continue reading

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