Articles Tagged with Fort Lauderdale injury attorney

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

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

In many Fort Lauderdale car accident cases, the amount of damages available will be determined by how much insurance coverage is involved. highway1

Auto insurance policy limits are generally expressed as:

  • Amount per person;
  • Amount per accident.

So let’s say there is a policy that allows $100,000 per person and up to $150,000 per accident. That would mean if only one person is hurt, he or she could collect up to $100,000. However, if two people equally suffer $100,000 in damages, the most either could collect would be $75,000 – because the policy limit is $150,000.  Continue reading

A man in his 20s, constantly on-the-go, felt a sudden wave of nausea come over him as he was driving on the way to work. His vision grew blurry. He pulled over and called his boss. He wouldn’t be in that day. Within hours, he was rushed to the emergency room, where he discovered he had stage 4 kidney disease.

OLYMPUS DIGITAL CAMERA

The case, according to a recently-filed lawsuit, is long-term consumption of energy drinks. He reportedly drank four every single day, which is the caffeine equivalent of 12 Coca-Colas. He did this for 10 years. Now, he’s awaiting a liver transplant.

His case is one of five filed against Monster Beverage Corp., asserting claims of severe and almost deadly health problems resulting from longtime use of the drink. It’s alleged that habitual drinkers of the products suffer renal failure, stroke and heart attacks, among other health concerns.  Continue reading

Justia Lawyer Rating for Richard Ansara
Contact Information