Articles Posted in Car Accidents

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

Ridesharing services like Uber and Lyft have become mainstays in Broward County, and Fort Lauderdale specifically. This was even after a protracted battle with county officials that resulted in the companies being kicked out over regulatory disputes regarding driver background checks and vehicle maintenance. phone

Now, a Florida Senate committee has approved legislation that would strip local governments’ ability to regulate ridesharing businesses such as these. It would put a statewide regulatory system in place and scrap the patchwork system of city and county laws that currently in place statewide.

Previous efforts to pass similar measures in the state had failed. Now, SB 340/ HB 221 is moving at a steady clip through the process. The passing by the Senate Banking and Insurance Committee by a 7-2 margin is a first.  Continue reading

The New York Court of Appeals recently considered a case wherein plaintiff alleged injuries sustained as a result of a poorly-maintained, diseased tree was the responsibility of both the property owner and the state. According to court records, plaintiff suffered serious personal injuries when a large branch broke off that tree, which abutted the road, and fell onto her Jeep. The impact caused her to suffer traumatic brain injuries. treebranch

Plaintiff and her spouse sued both the property owner and the state. Against the property owner, plaintiffs alleged there was negligence in the failure to inspect, trim and remove the dead/ diseased tree. As far as the state, plaintiff alleged negligence by Department of Transportation workers for a failure to properly maintain trees along that road or warn drivers of the dangerous along that highway.

Defendant property owner asked to be allowed to introduce trial evidence of the state’s alleged negligence, and also requested a jury instruction on the apportionment of liability for damages between property owner and the state. Plaintiff indicated that while there was nothing preventing the jury from hearing trial evidence tending to show the state was possibly liable for her injuries, but she objected insofar as the jury should not be allowed to apportion fault against the state. (The state could not be ultimately joined in this action because sovereign immunity laws prevented her from prevailing in such action.)  Continue reading

Japanese auto parts maker Takata recently pleaded guilty to fraud for concealing defects in millions of airbags sold to consumers throughout the U.S. and across the globe. The Justice Department announced the company will pay $1 billion for this deception, which affected 19 automakers and some 100 million vehicles worldwide. airbag

Although that sounds like a lot, it’s actually peanuts, given the scope of the fraud in comparison to what other companies have paid for similar offenses. For example, Volkswagon was required to pay $21 billion over an emissions-cheating scandal. Although penalties will include $125 million to consumers, the judge could have imposed as much as $1.5 billion. However, doing so likely would have put the auto maker out of business.

Still, that might yet be on the horizon. In Miami, a U.S. District Judge said the settlement means the pending multi-district litigation can move forward, most likely via settlements before trial. Continue reading