Articles Posted in Car Accidents

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From all of us at Associates and Bruce L. Scheiner, Attorneys for the Injured, we wish you a safe and enjoyable Labor Day weekend with friends and family.

However, we remind you that will mean putting particular emphasis on safe driving as Labor Day weekend is typically the second most-dangerous weekend of the year on Florida roads, according to the Sun-Sentinel. car accident

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A 45-car pileup in Tallahassee is being blamed on slow traffic and bad weather.

According to the Tallahassee Democrat, the incident on I-10 injured eight people and led to hours of gridlock for motorists in the state’s capital. As many as five semis were involved in the incident and a motorcyclist was critically injured. Authorities identified 18 separate collisions in the pileup, which occurred during afternoon rush hour. truck accident lawyer

FHP Maj. Chris Blackmon attributed cause to a motorist driving slowly in front of a tractor trailer during a torrential downpour. “There was extremely heavy rain in the area,” he said. “Then it became total chaos.”

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The lives of three Florida teens were ended or dramatically altered by drivers who were born during WWI. old man

The Miami Herald reports on two separate crashes – one in Fort Pierce and another in Davie – with drivers who were 99 and 100, respectively. In the Davie case, the 100-year-old motorist reportedly struck a 16-year-old student pedestrian as she walked to her bus stop. The teen has needed to undergo two emergency brain surgeries – so far. In the second crash, the 99-year-old driver killed two teens – 17 and 18 – when driving his recreational vehicle on the wrong side of State Road 70 (traveling west in the eastbound lanes) with no working headlights. The 99-year-old later died of injuries sustained in that crash.

It was later revealed that while both motorists had clean driving records. The 99-year-old driver had recently undergone a vision, paper and road test – all of which he passed – after someone reported to the Michigan Secretary of State’s office that medical issues made him a potentially unsafe driver.  Continue reading →

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Lee Health Trauma Center and the Lee County Metropolitan Planning Organization have launched “Driving Down,” an effort aimed at reducing the number of serious and fatal traffic collisions on Southwest Florida roads.

The risk of Fort Myers injury accidents continues to increase. As our accident attorneys reported earlier this month, Southwest Florida roads are growing deadlier. Last year Lee County reported more than 100 traffic deaths for the second year in a row.hit-and-run

The increasing risk has the local trauma center and county planners working together to do something about it, according to a recent article in the Fort Myers News-Press. 

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A hidden danger that is seldom talked about is the risk of traffic accidents caused by a health condition or medical emergency.

Florida has the nation’s largest population of older drivers, whose chronic conditions can put them at increased risk. Just recently, the Florida Highway Patrol reported a fatal crash on Interstate 75 near Martin Luther King Jr. Boulevard that is being blamed on a medical episode. Medical condition car accidents

Authorities say the 70 year-old Punta Gorda man was pronounced dead at Gulf Coast Medical Center. The truck he was driving veered right and struck another car before driving into the median, where it struck a guardrail several times before coming to rest in the grass.

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Even safety-conscious drivers rarely stop to think about the risks of accidents at railroad crossings.

Most are surprised to learn that Florida is among the nation’s deadliest states when it comes to traffic accidents at railroad crossings. 

Our injury lawyers in Fort Myers took note of a recent article in the Sun-Sentinel, which touts new technology as a means of reducing the risks at railroad crossings. About 60 new crossing gates, known as quad gates, are being installed along the corridor where the new higher-speed Brighline trains have begun running in Southeast Florida.railroad accidents

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The Sun-Sentinel reports Florida motorists continue to struggle with sticker shock when purchasing auto insurance.

Our Fort Myers car accident lawyers recently reported on the high-number of motorists involved in hit-and-run accidents in Florida, which roughly corresponds to the high number of uninsured motorists on the state’s roads.car accident lawyer

One in four drivers involved in a motor-vehicle collision last year left the scene; 1 in 4 Florida motorists are on the roads uninsured.

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Recently we reported on a hit-and-run accident involving a tour bus near Immokalee.

Today, our injury lawyers in Fort Myers want to talk about how victims may seek compensation in the wake of such collisions.

From a legal standpoint, these are often underinsured or uninsured motorist accidents unless the at-fault driver is located. Even in cases where the responsible driver is arrested, he or she often lacks adequate insurance, or any insurance at all — and may not even have a driver’s license — as these are all common reasons (in addition to drunk driving) for why motorists may choose to flee the scene of a motor-vehicle collision. uninsured accidents

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A life insurance company has been ordered by the U.S. Court of Appeals for the Sixth Circuit to pay a $200,000 medical bill for an insured who reportedly crashed his dirt bike while under the influence of alcohol.

The life insurance carrier outright denied claimant’s bid for benefits, citing policy exclusion for injuries that arise from the “illegal use of alcohol.” However, the district court ruled – and the appellate court affirmed – this provision, when read and interpreted according to its ordinary meaning, refers to things like drinking alcohol while under the age of 21 or imbibing against a court order. It is inherently different, the court ruled, than engaging in illegal conduct after one has legally consumed the alcohol. That would mean actions like drunk driving would still be covered; it’s not the drinking that was against the law, it was the actions one took after drinking – something not specifically excluded in the policy language. drunk driving accident lawyer

This case is interesting for a few reasons. The first is that it is not your typical car accident lawsuit in that it involves dirt bikes and it happened off-road. Secondly, this was not a plaintiff claiming injury as a result of someone else’s negligence. He conceded his own misconduct caused his injuries. Nonetheless, he argued his life insurance company should be responsible to cover his damages.

According to court records, plaintiff was 22-years-old – of the legal drinking age – five years ago when he and his friend drank alcohol and then proceeded to ride their dirt bikes in a field near their home. While engaging in this, the two crashed. Plaintiff suffered serious injuries. It was ascertained that his blood-alcohol level shortly after the crash was almost nearly twice the legal limit for use of an off-road vehicle in that state. Continue reading →

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Part of securing damages for your car accident injuries means not only proving the defendant motorist was at-fault in the crash, but also showing that the causal nature and extent of your injuries. Some Florida car accident trials center solely around these facts, with defendants arguing you weren’t as seriously injured as you allege or that the injuries you attribute to the crash were caused by something else. car accident lawyer

Proving negligence means showing:

  • Defendant owed plaintiff a duty of care (in these cases, that driver had a responsibility to drive with reasonable care);
  • Defendant breached that duty;
  • Breach caused plaintiff’s injuries.

A recent case out of Nebraska shows how critical that causal element is in securing financial compensation.  Continue reading →