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Articles Posted in car accident attorney

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Restitution Can Provide Additional Compensation for Crash Victims

When someone’s negligence causes injury to another, victims can pursue compensation. Negligence is generally understood as the failure to use reasonable care when one was required to do so. In some cases, injury to another is the result of a criminal act. On the road, some criminal acts also amount…

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Victim’s Auto Insurer Pays Liability Damages to Parents of Joyriding Teens Killed in Crash

Most car accident auto insurance settlements are handled quietly and often rather quickly. Those involving the death may take longer, but even then, it often doesn’t generate headlines. A recent case out of South Florida was different for the fact that an auto liability insurer, while conceding all the evidence…

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Coming and Going Rule Analyzed in Crashes Involving Workers

If you’re injured in a car accident or have lost someone you love in a crash, one of the questions important to ask is whether the negligent driver was acting in the course and scope of their employment. This matters because if they were furthering the interests of their employer…

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Establishing Vicarious Liability for Crash on Theory of Respondeat Superior

Most car accident lawsuits are a simple matter of proving negligence, shown by establishing: Duty owed to plaintiff (i.e., duty to other motorists to obey laws and act in a reasonably prudent manner); Breach of duty (carelessness or violation of law); Causation (breach of duty caused the accident); Damages (plaintiff…

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Determining the Number of Accidents in an Injury Case

Most auto insurance policies impose per-person or per-accident limitations. This is typically a pretty straightforward issue. However, a dispute about how many “accidents” occurred can leave a big question mark as to how much claimants are entitled to receive.  In a recent bicycle accident injury case before the Wyoming Supreme…

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Court: Bankruptcy Of Negligent Driver Doesn’t Absolve UIM Insurer of Liability

The bankruptcy of a negligent driver who caused injury to a husband and wife may prevent plaintiffs from actually seeking damages against the defendant, but it doesn’t shield the auto insurer from having to pay out. That was the ruling of the Alabama Supreme Court in a recent case involving…

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Post-Irma Roads Nearly as Dangerous as the Storm

Floridians have unfortunately long been notorious for being bad drivers – and that’s with a network of operational traffic lights, upright trees and a system of active police patrols.  But after the extremely powerful Hurricane Irma walloped the state earlier this month, there were downed traffic lights, trees, power lines…

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Hurricane Evacuee Dies in Hit-and-Run Crash

As historic Hurricane Irma came barreling toward Southwest Florida, many residents hurried to leave the state. Some were under mandatory evacuation by local and state officials fearing unprecedented and dangerous storm surge. Others were afraid to live for days or weeks without water or power.  All of this led to…

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Florida Pedestrian Accident Kills 3-Year-Old Girl

A 3-year-old girl was recently killed in a South Florida pedestrian accident while walking with her mother as they returned from dropping her older brother off at the bus stop.  According to The Press Republican, the girl, her mother and a neighbor were walking at the intersection of Hampton Meadow…

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8th Circuit: Designated Driver Not Held to Higher Standard of Care

All drivers are required to use reasonable care in protecting passengers as well as other motorists from foreseeable harm. That means operating the vehicle in a reasonably safe manner. Some drivers may have a heightened duty of care. Primarily, these include common carriers, such as bus drivers. It does not,…

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