Articles Posted in Car Accidents

An auto insurer’s failure to comply with the state’s Claims Administration Statute, F.S. 627.426, meant  no genuine issue of material fact was left to consider regarding insurance coverage of an absconded drunk driving suspect who allegedly killed five people in a horrific crash.car accident

Plaintiffs, parents of one of those killed, sued defendant driver for wrongful death resulting from the crash. The incident happened on I-95 outside Miami, when defendant drove his mother’s vehicle onto the shoulder of the highway, plowing into seven other vehicles that had just been involved in a chain reaction collision and had parked in the emergency lane. Victims ranged in age from 22 to 57. (Plaintiff’s son was a recent university graduate.)

Defendant driver’s blood alcohol level was 0.127, well above the legal limit of 0.08, and that was several hours after the crash. He also smelled of alcohol, a trooper noted, and allegedly admitted to drinking at a local nightclub prior to the collision.  Continue reading

Almost every public service announcement warning regarding drunk driving in Florida suggests finding a designated driver. This is a person who agrees to be sober in order to safely drive another person or group of people after they’ve been indulging in alcohol. All drivers owe a duty to use reasonable care on the roads. But by taking on this responsibility, does a designated driver owe a higher duty of care to intoxicated passengers? car accident

This was a question recently considered by the U.S. Court of Appeals for the Eight Circuit, which answered: No.

The driver in this case was the designated driver among a group of young adults who were drinking at a house party. The group was rowdy, and when it was time to go, two of the passengers opened the trunk and piled in, their back to the rear windshield. Driver instructed them to get out, but the two passengers refused, insisting they would be fine. They weren’t going far and she could drive slow. Not wanting to argue, she relented.  Continue reading

Your auto insurance policy is a contract. It outlines your rights and your obligations, and as long as it isn’t ambiguous or contrary to public policy, the terms of it are most likely binding. One of the common terms is the obligation of insured to cooperate with the investigation.car accident

This does not mean you are required to give a statement before talking to an attorney. But it does mean you may be required to testify under oath at the request of the insurer, or else risk foregoing coverage.

This was exactly what happened in a recent Kentucky Supreme Court decision wherein substantive issues of material fact relating to the crash were in question.  Continue reading

When a car crash results in a fatality, and the victim was not at-fault in the accident, the surviving family members may need to consider making a wrongful death claim.  A wrongful death claim is brought under a theory of negligence in the clear majority of car accident lawsuits in South Florida, however the statute of limitations to bring a claim is shorter.

Broward Personal Injury LawyerPursuant to Section 95.11 of the Florida Statues, the time to file a civil personal injury for most torts, including a car accident there, is a statute of limitations of four years.  However, in the event that the victim dies as a result of the negligent conduct alleged, the statute of limitations is reduced to a two-year statute of limitations. Continue reading

More Americans have been killed in car accidents in the U.S. than in all wars in which this nation has fought.  When you step back and think about it, that is truly a staggering figure.  However, it is often too easy to just hear this and think of the number of statistics. While it is a very large number, each auto accident is a separate event that had devastating effects on the surviving friends and families of the victims.

car accident lawyer BrowardWhen 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. Continue reading

When you watch the news on television or look at the news feeder on Facebook or you smart phone, you tend to read about a lot of car accidents.  If you are involved in one, you would say that you were in an “accident.” You might have an injury as a result of this accident, and you would look for an experienced Broward County car accident attorney.

Broward Car Accident There is nothing wrong with the term accident and its use in the English language. But in our legal system, what we are really dealing with is probably not an accident. In a legal sense, where you file a personal injury claim or lawsuit, it would technically be more appropriate to say you were in a car crash. Continue reading

The clear majority of car accidents are filed under a theory of negligence.  In a Miami-Dade County car accident where the victim is killed as opposed to being seriously injured, the actual cause of action will be a wrongful death case, but it will still be filed under a theory of negligence.

traffic accident South Florida LawyerHowever, one thing to keep in mind is that the statute of limitations is not the same in wrongful death cases as it is in a car accident lawsuit, even if the underlying tort that resulted in the death was a car accident. Continue reading

A dram shop case involves a situation where a person goes to a bar or restaurant and drinks to the point of intoxication and then gets behind the wheel of car and causes a drunk driving accident in which someone suffers serious personal injury or death.

South Florida Car Accident LawyerWhile 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. Continue reading

Multi-vehicle crashes can create a quagmire for injury lawyers, insurance companies and courts when it comes to issues of causation and fault. In some instances, the negligence of one driver is clear-cut. However, comparative fault by other motorists (as explained in F.S. 768.81) can affect who is responsible to pay for what and how much compensation victims can expect to receive.

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.

car accident lawyer BrowardAuthorities 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. Continue reading

Florida drivers get a bad reputation on a lot of fronts, and unfortunately, much of it is well-deserved. crash

We rank second in the country for having the most uninsured drivers (24 percent). We have the most bicycle accident deaths, the most pedestrian accident fatalities. We have more motorcycle deaths than any other state in the country (616 in 2015, according to the National Highway Traffic Safety Administration).

So perhaps we shouldn’t be all that surprised that Florida has ranked as one of the worst states for distracted driving. According to a new study by an online auto insurance provider EverQuote, Florida ranks second only to Louisiana in terms of distracted driving habits.  Continue reading