When a loved one dies in a car accident, there is often a loss faced on so many different levels. There is the shock in the wake of the accident that will fade to all kinds of emotional distress. There are also various other types of loss. This is what is referred to in our code as economic and non-economic damages. If you are wondering where you have heard these terms recently, the have been in the news a lot, as our state supreme court has just struck down the remainder of the 2003 tort reform law limiting damages on medical malpractice cases on grounds that it is unconstitutional.There are also claims made on behalf of the estate of the decedent, and there are sometimes claims made directly by the surviving spouse, if any. As our Broward car accident lawyers can explain, Florida law allows the surviving spouse to file what is known as a loss of consortium claim. In a case entitled Gates v. Foley, the Florida Supreme Court issued a ruling about this companionship between the husband and wife. This holding means that if there is a serious personal injury or death of one spouse that interferes with that relationship between the husband and wife, this can be the basis for the non-injured spouse to file a loss of consortium claim.

According to a recent news article form Fox News, a contestant on America’s Got Talent was killed in a car crash before the episode in which he auditioned was slated to air. While the final rounds of the show are aired live, the earlier auditions are prerecorded in cities around the nation.

Authorities have said the 29-year-old contestant, Dr. Brandon Rogers, was sitting in the front passenger seat of a car when it crashed in Maryland. First responders were called to the scene and did what they could to stabilize Rogers before rushing him to a local level-one trauma center. Unfortunately, his injuries proved too severe, and he was pronounced dead at the hospital the day after the tragic car accident. The crash occurred around 4:30 a.m. He had been asked to audition for the show after producers saw a video he had posted of him singing online.

It should be noted that there have been no reports of negligence in connection with the driver of the car in which he was riding as of the time of the report. However, one thing to keep in mind is that in a car accident, it is very difficult for a passenger to found liable in connection with an accident.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

‘America’s Got Talent’ contestant dies in car accident before episode airs, June 14, 2017, By Fox News

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While there is often little question of whether you have a valid claim against the at-fault drunk driver, you may be able to file a lawsuit or claim against the establishment that served the person to the point of intoxication.moreAs our Broward car accident lawyers can explain, the reason it is called a dram shop case is because a “dram” is an old European term for a standard serving of liquor that is similar to a shot in American English. However, unlike that of other states, the Florida dram shop statute is much more limited in scope.

An example of a dram shop law that is way broader than the one in our jurisdiction was discussed in a recent article from NJ.com. In that article, a man is suing the two bars that served him alcohol to the point of intoxication before he crashed his motorcycle. Even in the most liberal dram shop states, the law is usually reserved for victims of drunk driving car accidents suing the establishment that served the at-fault driver. Most states would not entertain a lawsuit by the drunk driver, but the statute says anyone can sue the dram shop, so it will be interesting to see what happens.

In Florida, while we do have a dram shop law, it excuses most drinking establishments, restaurants, and social hosts, unlike the law in most other states. Pursuant to Florida statute 768.125, a person who sells or furnishes alcoholic beverages will not become liable for subsequent negligent actions of the intoxicated person except in following two situations:

1. When alcohol is sold to a minor; and
2. The sale to a person who is known to be habitually addicted to alcohol

The first situation is fairly straightforward. If a bar sells alcohol to an underage person, and that person causes an accident, the bar can be liable under the dram shop law. This is a strict liability law meaning that it doesn’t matter whether the bar owner knew or had reason to know the drinker was under 21. For this reason, bars better train their bouncers well to make sure they know how to spot a good fake ID.

The second situation is where the bar has reason to know they are serving an alcoholic and letting them drive home. This situation deals with the concept of foreseeability of an accident. In these cases, where the dram shop law comes into play involves a bar that has a local customer that they know has a drinking problem and serves them anyway. It might also involve a social host where the person furnishing the alcohol knows the drinker is addicted to alcohol and should not be drinking in the first place.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Drunken driver hurt in crash sues bars for serving him alcohol, May 7, 2017, By Anthony G. Attrino, NJ.com

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Property Owner Liability for Dangerous Road Conditions, March 7, 2017, Personal Injury Lawyer Blog

According to a recent news article from the St. Pete Patch, a 24-year-old man was killed in a multi-vehicle car accident in Florida.Three others were inju20red in the incident, which involved a total of three vehicles.

Authorities report decedent was driving his Cadillac when he apparently drove his car into a high curb and lost control of his vehicle. He allegedly hit a Mercedes, and then he drove into the opposite side of the divided roadway and hit a Toyota that was heading in his direction, as he was on the wrong side of the road at this point.When officers arrived at the scene, they found driver seriously injured. First responders did what they could to stabilize his condition before rushing him to a level-one trauma center. Unfortunately, his injuries proved too severe, and he was soon pronounced dead at the hospital.

A passenger in one victim’s car and the drivers of the two other cars involved in the accident were also injured, but, fortunately, their injuries were not considered to be life-threatening. They were all treated on the scene and then taken to local hospitals for further treatment and evaluation.

As is the case with any fatal traffic accident, authorities began a full investigation and said they would release a report detailing the cause of the crash, if possible, once the investigation was complete. It should be noted that no charges have been filed at this time, and there have been no formal accusations of civil negligence in connection with this fatal car accident reported as of the time of this article.

As our Fort Lauderdale personal injury lawyers can explain, car accident cases involving multiple vehicles and multiple victims can be rather complicated, and there are several reasons for this. One issue that may arise involves and accident where one vehicle crashes into another and then that second vehicle collides with third vehicle. While there may be no question driver of vehicle one is liable for damage and injuries to second vehicle, is second vehicle liable for injuries to third vehicle?

In some cases, the first vehicle may be solely liable for all damages resulting from the multi-vehicle car accident. In other cases, the first vehicle may be liable for damages to both vehicles, but second vehicle is also at least partially liable for damages caused to third vehicle. This deals with a fairly complex problem of causation and may involve the issue of superseding vs intervening causation.

This can get even more complex if a person is injured in a Fort Lauderdale car accident and is injured in a second car crash while being taken to the hospital in the ambulance. While this may seem like an extreme example, these types of things do happen, and this can result in a lot of complex litigation involving causation and indemnification. The best thing you can do to maximize your chance of recovery in one of these more complex cases is to make sure to speak with an experienced car accident lawyer that has handled these cases multiple times.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

1 Dead, 3 Injured In 3-Vehicle Crash, May 15, 2017, By Sherri Lonon, St. Pete Patch

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FHP Launches Program to Help Solve Hit-and-Run Crash Cases, April 3, 2017, Pedestrian Accident Lawyer Blog

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.

This case involved family members of a woman who died three months ago following a 2014 Florida car accident in which she was traveling in her 2001 Honda.

The settlement came just ahead of a hearing requested by plaintiffs’ attorney in which he was requesting permission to pursue punitive damages and also compel the testimony of embattled Takata president Shigehisa Takada. Had the court ordered it, it would have been the first time his testimony would have been required at deposition after millions of vehicles were recalled for the defective air bags.

Plaintiffs’ attorney said that frankly, he did not expect a settlement at that juncture. There were key issues that were still in dispute and he sought resolution on those issues. The settlement offer – which is confidential – was a surprise. Still, he said he believes all parties are “pleased.”

Although these defective airbags were manufactured in Japan, Florida has been a key battleground with regard to the product liability litigation. First of all, it is believed that heat triggers a chemical reaction in the airbags that results in the malfunction. That has meant Florida is the site of several of these accidents.

Further, Sen. Bill Nelson (D-FL) led the Senate Committee on Commerce, Science and Transportation into investigating the defective inflators. The committee’s staff report revealed manipulation of the data by Takata, in addition to clear warning signs missed or overlooked by the company.

There were 34 million recalled in the U.S. plus 7 million recalled worldwide. That is expected to expand to 40 million by 2019.

In this case, decedent drove through a red light at about 30 miles per hour back in June 2014 and crashed into another vehicle that was traveling about 20 mph. At first, her Honda Civics airbags did not deploy. However, when it did deploy, it did so with such force that she suffered a broken neck and back. She was declared quadriplegic, paralyzed from the neck down. Her condition worsened over the next two years and she died at the age of 77 in a nursing home.

The airbag in her Honda Civic was recalled just two days after the crash.

Our Fort Lauderdale injury attorneys know that while the NHTSA fined Honda about $70 million due to improper reporting of injuries and deaths (some 1,729 cases in all), many others are just coming to light – and it’s not just Honda either. Takata is the largest manufacturer of airbags in the world.

It’s plausible that the reason this case was settled so quickly was that Takata attorneys wanted to avoid having their CEO testify. Attorneys for plaintiff say that although the case didn’t move far through the litigation process, the process did serve to “lift the veil” on certain issues, which could be valuable in future cases.

Additional Resources:

Sides reach surprise settlement in airbag death suit; Takata head avoids taking witness stand, July 15, 2016, By Dan Scanlan, The Florida Times-Union

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