Articles Posted in Car Accidents

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The re-trial of a wrongful death case in Orlando is being closely watched this week as plaintiff attorneys attempt to hold Dominos Pizza Inc. responsible for a fatal traffic accident caused by one of its delivery drivers.

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Hot summer jalapeno pepper and meat pizza, macro close up isolated over white

In Wiederhold v. Domino’s Pizza, et al., 2011-CA-001589 lawyers for the victim told jurors at the opening of this week’s trial that Dominos is responsible for the driver’s actions because the company maintained a right of control over the franchise, which rendered the business an agent of the corporation. He said both the franchise owner and store manager would testify that Dominos maintained significant control over the franchise’s day-to-day operations.

Defense counters that the franchise was an independent business and not an agent of the parent company.

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How long do you think it will be before autonomous vehicles are on the roads of Southwest Florida?

If you think you are fully aware of the breakneck speed at which technology is changing all of our lives, consider this: Self-driving vehicles have already been on the roads of Lee County for more than a year.uninsured accidents

Media outlets swarmed over the news this week after Gov. Ron DeSantis signed into law a measure that will allow self-driving cars, without human backup, to hit the roads in Florida in time for the Fourth of July weekend. Fox 13 Orlando reported it will put Florida at the very forefront of a number of progressive states that have sanctioned the use of such technology on public roads.

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Distracted walking is in the news as the nation grapples with significant increases in the number of serious and fatal pedestrian accidents.

Unfortunately, Florida is all too familiar with the crisis, as the Sunshine State leads the nation in the number of walkers who are injured or killed each year. The National Highway Traffic Safety Administration reports more than 5,000 deaths and 76,000 injuries caused by pedestrian accidents each year; that’s one death every two hours. And, as the Miami Herald reported recently, 9 of the 20 deadliest cities for pedestrians are located in Florida.pedestriandistraction-300x208

Fort Myers injury lawyers know the increased risks faced by walkers are attributable to a number of factors, including lack of proper infrastructure such as sidewalks and street lights, distraction on the part of both the walker and drivers, and the growing prevalence of electric or otherwise silent vehicles.

A study published in 2012 by researchers from New York’s Stony Brook University found that those who texted while walking were 60 percent more likely to veer off course. Headphones are another growing problem. F.S. 316.304 prohibits drivers from wearing headphones, although no such law exists for pedestrian or cyclists.

But, while it’s true distracted walking can increase accident risks, the issue of distracted walking is also being pushed by the insurance industry as a way to reduce the liability of insured drivers for collisions that typically result in very serious or fatal injuries.

 

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It sometimes seems as though snowbirds are replaced by orange road construction barrels as summer begins in Southwest Florida.

Florida Department of Transportation is preparing to begin significant improvements to Interstate 75 at Corkscrew Road, according to the Naples Daily News.

Meanwhile, Lee County Department of Transportation is widening Burnt Store Road from Diplomat Parkway to Tropicana Parkway in Cape Coral and the City of Fort Myers is working on a beautification project along U.S. 41 between Colonial Boulevard and downtown.roadconstruction-300x225

Our car accident lawyers in Fort Myers and Cape Coral know each of these projects increases the risks to motorists and pedestrians.

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With graduation upon us, it’s time to focus on teen driving safety as we enter the long summer months in Southwest Florida.

Florida ranks 31st when it comes to teen driving safety, and 41st when it comes to laws on the books to promote safety among young drivers, according to a report by WalletHub.ambulance-300x201

Motor vehicle collisions are the number one killer of U.S. teenagers, according to the Centers for Disease Control and Prevention. As veteran car accident lawyers in Cape Coral and Fort Myers, we have seen far too many tragedies involving young drivers and their passengers.

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We have entered high school and college graduation season, which means summer is just around the corner.

The American Automobile Association reports 100 million Americans will make a summer road trip this year. Orlando remains the number one summer travel destination in the nation, but many will be visiting Southwest Florida as well. And local residents use the summer season to make road trips of their own, with the Florida Keys and Miami also being popular destinations.hit-and-run

“This is quickly shaping up to be another busy year for family travelers, both on the roadways, as well as other popular travel destinations and attractions.,” said Stacey Barber of AAA. “To make the most of their vacations, AAA recommends families plan and research as far ahead as possible.”

Our Fort Myers car accident lawyers know proper planning can go a long way toward getting your trip off to a safe start. But your behavior behind the wheel is equally critical to the safety of you and your family.

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A 36-year-old North Port man was killed this week in a rollover crash in North Fort Myers.jeep-300x200

The Florida Highway Patrol reports the incident happened about 10:15 p.m. Saturday on U.S.-41 near the intersection of Avenue A. The victim was traveling southbound with a female passenger and three children in a 2000 Jeep Wrangler when he veered into the median, causing the vehicle to overturn and flip several times, according to NBC News. 

The driver was ejected from the vehicle and was killed. FHP reports he was not wearing a seat belt. The female passenger and a 5-year-old child were both critically injured. The other two children were treated for injuries described as minor. Both were wearing seat belts.

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As we end Distracted Driving Awareness Month we wanted to take a look at the most common causes of driver distraction besides cell phones.

Without question, introduction of the smartphone in the last decade has been the biggest factor when it comes to the increased risk of distracted drivers on the road. Today’s drivers not only use their phones to talk and text, but also for navigation, music, and social media. Each of these activities involves all three types of distraction – visual, cognitive and manual – making them among the most dangerous distractive behaviors engaged in by drivers.driver at a glance

But similar concerns met introduction of the AM radio into automobiles, as well as introduction of the 8-track tape deck as a standard option in the 1960s. When it comes to driver distraction, our car accident lawyers in Fort Myers and Cape Coral know it’s a safety mindset that will best protect you from being involved in a collision.

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The Florida Department of Highway Safety and Motor Vehicles is reminding motorists to use extra caution in construction zones as the summer road construction season gets underway.roadconstruction-300x225

The week of April 8th is National Work Zone Awareness Week, as safety advocates work to raise awareness about the increased risks of driving through construction zones in Southwest Florida. The awareness campaign has been conducted at the start of road construction season each year since 2000. More than 100 construction workers are killed each year in road construction transportation accidents, according to the U.S. Department of Transportation.

Risks of road construction zones include changing traffic patterns, narrowed rights-of-way, uneven roadways, lack of breakdown lanes, and other hazards that increase the risk of motor-vehicle collisions. Federal statistics show drivers and passengers are most likely to be seriously injured or killed in road construction zones. Each year more than 600 motorists and passengers are killed, as well as more than 100 bicyclists and pedestrians. About 200 fatal work zone collisions each year involve a large commercial truck or bus.

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Auto insurance rates continue to rise in Southwest Florida. Auto insurance companies in Florida enjoy some of the highest insurance rates in the nation, while offering very little coverage to those opting for minimum required protection. Our Fort Myers car accident attorneys urge you to carefully review your policy and make sure that you properly understand what protections it affords you and your family. Otherwise, you likely are not getting what you thought you were paying for in the event of a collision. uninsured accidents

WINK News reports auto insurance rates are rising, with increases of 5-15 percent in the Fort Myers-Naples market. Local agents point to Southwest Florida’s explosive growth and instances of insurance fraud as reasons for the increase. Florida auto insurers have long used insurance fraud as a reason to continue to increase rates while lobbying for reduced coverage.

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