car accident attorney Fort Lauderdale Tag Archives

September 1, 2022

When a Fort Lauderdale Car Accident is Caused by Brake-Checking

Rear-end collisions are one of the most common types of Fort Lauderdale car accidents, and such circumstances create a rebuttable presumption that the driver in the rear was at-fault. But brake-checking – when a driver purposely slams on their brakes in order to scare or intimidate another driver – can be the basis to refute such claims. Fort Lauderdale rear end collsion

As our Fort Lauderdale car accident lawyers can explain, brake checking is essentially a form of road rage. It can be done in response to someone following the brake-checker too closely, a practice called tailgating. Or it can simply be an aggressive driving tactic intended to annoy or scare the driver behind them for other reasons. The intention is rarely to cause a crash, but that’s a very real risk with brake-checking.

Brake checking is illegal. The Florida law on tailgating, F.S. 316.0895, explains that drivers can’t follow other motorists more closely than is reasonable and prudent. They must also have regard for the speed of traffic and road conditions. Sudden braking is a known potential on any road as hazards can quickly arise or conditions can abruptly change. That’s why the law requires drivers to maintain a reasonable distance from the car in front of them. However, if the driver in the lead intentionally or improperly slams on the brakes or stops, this can be used as evidence to effectively rebut the presumption of rear driver negligence in the event of a crash.

In the 2019 case of Fonger v. Nall, the Florida’s 5th District Court of Appeal noted that if left unrebutted, the presumption in rear-end collisions is that the rear-driver was negligent and at-fault. Rebutting the presumption requires proof of one of the following:

A mechanical failure affecting the rear driver’s vehicle.
A sudden stop by the lead driver.
A sudden lane change by the lead driver.
An illegal or improper stop by the lead driver.

Brake-checking would fall under the second or fourth point here. Continue reading

December 20, 2018

Police Reports Can Impact a Florida Car Accident Injury Claim, But Aren’t The Last Word

By Ansara Law Personal Injury Attorneys

Police and other law enforcement investigators play an integral role in your Florida car accident injury claim. As Fort Lauderdale injury lawyers can explain, a traffic crash investigator provides a credible, unbiased and third-party documented observation of details like the date, time and location of an accident, names and contact information of everyone involved, description of injuries documented at the scene, descriptions of vehicles – down to the license plate and VINs. Investigators also provide details about any potential crash causes they may note, statements from witnesses and, if possible, those involved, road and weather conditions noted at the time of the collision and the nature and extent of any damages to personal or public property. They may even take photos or clips of video footage and sometimes in serious crashes or those involved in a DUI or other criminal investigation will continue to gather evidence even after they have left the scene. Fort Lauderdale car accident injury lawyer

Sometimes, citations for traffic violations will be issued, with conclusions drawn about who was at-fault for the Florida car accident.

But while police reports can be very persuasive and valuable in a crash case, they aren’t the only evidence considered, nor are they generally deemed the last word in any crash case. (In fact, the crash report itself is generally considered “hearsay,” and can’t be presented as evidence at trial absent the testimony of the officer who wrote it.) Continue reading

November 7, 2017

Legislators Fight to Overturn Florida’s No-Fault Car Insurance Law

By Ansara Law Personal Injury Attorneys

Florida is a no-fault state when it comes to car insurance, which means per F.S. 627.736, motorists have access to $10,000 in medical and wage loss benefits from their own insurer – regardless of who is at fault. It also means they cannot sue the at-fault driver for further damages unless they have a broken bone, have lost the use of an important body function, suffered a permanent disability or scarring. Wrongful death claims also may be pursued outside of no-fault laws.

Lawmakers in Florida are working to change this. HB19, sponsored by a South Florida Republican and slated for consideration during the 2018 session, would repeal Florida’s Personal Injury Protection law that was first enacted in the early 1970s. The law would scrap PIP coverage and replace it with bodily injury liability coverage. Most states require bodily injury liability coverage (which covers others’ injuries if you’re at-fault in a crash). While most insured drivers in Florida have it, it’s not technically required. The state’s Financial Responsibility Law does mandate drivers be responsible for a minimum of $20,000 in damages to others if they’re at-fault in a crash, so most motorists opt to purchase it so they can avoid personal liability.

A House panel recently voted 18-7 to propel the measure forward to the House Floor when the new session starts in January. Continue reading

July 4, 2017

Fatal Car Crashes in Fort Lauderdale

By Ansara Law Personal Injury Attorneys

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.

Pursuant 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

September 21, 2016

Faulty Airbag in Rental Linked to Death of Model, Gymnast, Celebrity Girlfriend

By Ansara Law Personal Injury Attorneys

Airbags are supposed to help save lives – not take them.

That’s what has Jewel Brangman’s father, Alexander, so incensed about the death of his beloved child, whom he called “my best friend.” The striking beauty was a college graduate, a model and a gymnast teacher. She lived in San Diego, and her father had moved there from New York to be closer to her. But the last Father’s Day card he ever received from her was in June 2014. In it, she told him no matter what, she’d always be his little girl.

Just months later, she was gone. She was reportedly traveling in a rental car on the Los Angeles freeway when she rear-ended a van. It was a multi-vehicle collision, involving four cars total. But while all others involved walked away with no serious injuries, 26-year-old Jewel was killed. The Honda in which Jewel was driving was reportedly equipped with a faulty airbag. The vehicle had been recalled back in 2009, but it doesn’t appear the airbag was ever switched. Continue reading

September 14, 2016

$20 Million Verdict Against Truck Company for Traumatic Brain Injury

By Ansara Law Personal Injury Attorneys

Catastrophic traumatic brain injury is a thief. It steals the remnants of a person’s identity. It takes away the lives they and their loved ones once knew. It robs them of the future they might have had.

When traumatic brain injuries occur as a result of a car accident caused by someone else’s negligence, the victim deserves to be compensated, as do their loved ones. It won’t give them back the life they had. But a just outcome in an injury lawsuit can alleviate the stress of medical bills. It can ease the financial woes caused by that individual no longer being able to work. Although nothing can return things to the way they once were, it can help families begin to heal.

Recently, a jury in the Georgia case of Khan v. Moore Freight Service Inc., recognized this. As Courtroom View Network (CVN) reported, plaintiff as awarded $20 million in damages following trial. Continue reading

September 9, 2016

Reboulet v. Schlosberg – Car Accident Lawsuit For Spinal Fusion Surgery

By Ansara Law Personal Injury Attorneys

A car accident lawsuit trial is slated to begin soon in Georgia, where plaintiff alleges he was strapped with a six-figure medical bill after the crash left him with a fused spine.

While many auto accident injuries can be serious, a fused spine is a lasting – and expensive – condition. It’s also extremely painful. When it results from another driver’s negligence, only an experienced injury lawyer should be trusted to handle the claim. Spinal fusion is a type of major surgery, often lasting several hours. It can involve bone taken from other areas and used to form a bridge between vertebrae or metal implants being inserted between sections until new bone can grow between them. Recovery time can take weeks and sometimes months. There are also risks that include:

Intense pain
Blood clots
Nerve injuries
Graft rejections
Fusion failure

And of course, the surgery is extremely expensive. Continue reading

September 7, 2016

Marshall v. Peter – Rear-End Collision Liability Not a Given

By Ansara Law Personal Injury Attorneys

In Florida, courts have established a rebuttable presumption when it comes to the negligence of rear drivers in rear-end collisions. However, this presumption is not without exception, though they are very specific.

For example, a sudden stop by a driver ahead isn’t enough to overcome the presumption. The stop has to be both sudden AND unexpected. For instance, a driver on a suburban street who stops suddenly for a child who darted out into the middle of road – that’s not wholly unexpected. Neither is a driver who stops suddenly at an intersection because someone else ran a red light. However, a driver who arbitrarily stops suddenly on a four-lane highway – that might be both sudden and unexpected.

Still, drivers who are struck from behind should not assume these will be slam-dunk cases either. An experienced attorney can help you spy any potential hurdles to overcome. Continue reading

August 7, 2016

State Farm Mut. Auto. Ins. Co. v. Jakubowicz – UIM Policy Ambiguous, Court Rules

By Ansara Law Personal Injury Attorneys

Our Fort Lauderdale car accidents have come to expect that most auto insurance companies facing down a claim for damages will take whatever action they can to avoid paying that claim – or at least minimize liability.

One such tactic occurs even long before the crash: It is to draft policies that contain a myriad of exceptions and loopholes and contingencies so as to deny coverage on different grounds. However, as the recent case of State Farm Mut. Auto. Ins. Co. v. Jakubowicz shows, this tactic can backfire when the language of the policy is ambiguous.

Courts across the country have held that when there is more than one meaning to the language in an auto insurance policy, the meaning that best favors the insured is the one that will be followed. That’s because courts have recognized that insurance companies, as the entities that draft the language of the policy, have the upper hand. It’s their responsibility to make sure the policy is clear. Continue reading

June 26, 2016

Safety Advocates: Florida’s Lax Traffic Laws Need Attention

By Ansara Law Personal Injury Attorneys

Traffic laws are intended to keep order on the roads and improve safety for motorists, bicyclists and pedestrians who all share the space.

However, there are questions about how effective some of those laws truly are when when Florida has some of the highest rates of accident deaths by motor vehicles – including those involving bicyclists and pedestrians. In 2014, there were 2,494 traffic fatalities in Florida. That’s compared to New York – which has almost the exact same population – which had 1,039. California – which has double Florida’s population – had 3,074 that year. Texas, which is also about double, had 3,538.

Traffic safety experts say the issue is somewhat complicated. It starts with the fact that our roads (as were many in the South) were designed primarily for fast motor vehicle traffic. It continues with the fact that we have year-round nice weather and beautiful beaches and other tourist draws. That means we have far more people on our roads, many of them inexperienced with the area and sometimes on long commutes. There is also the issue of lacking public transportation, which is a major problem in a lot of Florida cities. But another issue is the fact that many of our traffic laws are rather lax. Continue reading