Articles Tagged with car accident

Published on:

Initial investigation of a fatal South Florida car accident involving tennis star Venus Williams resulted in law enforcement’s conclusion that Williams was at-fault. However, new video evidence – specifically, surveillance footage obtained form a nearby community just south of the Palm Beach Gardens intersection where the crash occurred – led police to walk back their original findings. car accident

Although Williams is listed in a defendant by decedent’s widow, who was also in the vehicle at the time of the crash, police now say it was Williams who was cut off by another vehicle upon entering the intersection. This in turn set off a chain event crash that within seconds resulted in a fatal collision with a third vehicle that critically injured a 78-year-old man who died two weeks later.

His estate, represented by his bride of 33 years, filed a wrongful death lawsuit against Williams, alleging Williams was negligent and seeking damages for medical and funeral expenses, pain and suffering, lost earnings, loss of companionship/ consortium and funeral expenses. Although Williams has expressed her “devastation” over the incident, her attorney insisted from the beginning that she was innocent, traveling only 5 mph when she entered the intersection with a green light.

The case underscores how determinations of “fault” in Florida car accidents may not always be a simple, straightforward matter. Eyewitnesses to the very same events can emerge with a different accounting of what happened. Experts must work to piece together what they can with accident reconstruction methodology and technology, but even that sometimes is subjective. Absent clear video footage of the crash – and even that sometimes doesn’t tell the whole story – the truth of what happened may be obscured.  Continue reading →

Published on:

You may recall several months ago in Fort Myers the case of the a North Fort Myers mother who lost her legs after a horrific collision on I-75 when she pulled over and assisted the victim of a previous car accident. She survived the crash and has since returned to work, though she will require ongoing treatments and assistance.car accident

A very similar situation occurred several years ago in Rhode Island and now, the Rhode Island Supreme Court has decided that the Good Samaritan victim in the crash is entitled to collect underinsured motorist (UIM) coverage from the insurer who provided a policy for the vehicle in which she was a passenger prior to being struck. Insurer initially denied the UIM claim, asserting victim was not “occupying” the insured vehicle at the time of the crash, and therefore was not entitled to coverage.

While the trial court agreed with defendant insurer, the Rhode Island Supreme Court vacated, holding plaintiff was entitled to recover UIM benefits under the terms of the policy. Continue reading →

Published on:

People think of summer driving as easy sailing: Clear skies, downtime and road trips.car accident

Unfortunately, some of the most popular summer holidays are also incredibly dangerous on the roads. In fact, a new study by Value Penguin ranks all major holidays by their potential for a fatal crash. No. 1 on the list was Memorial Day, followed by Labor Day at No. 2 and 4th of July weekend at No. 3.

This is a bit jarring for some because people generally associate holidays like New Year’s Eve as being the deadliest. In fact, it’s the summertime holidays – when the weather is nice, more people are outdoors, many people are drinking and teens/ young adults are off school that are the most hazardous.  Continue reading →

Published on:

UM/ UIM benefits (uninsured motorist/ underinsured motorist) are extended to insureds who are injured by someone without insurance or without enough insurance to cover their injuries. underinsured motorist coverage

In a no-fault auto insurance state like Florida (see F.S. 627.7407), the first avenue of recovery for damages is one’s own personal injury protection (PIP) benefits. One can receive up to $10,000 in PIP benefits, which cover 80 percent of one’s medical bills and 60 percent of lost wages. However, one can only receive $2,500 unless they can prove emergency care was medically necessary (per a recent legislative change), and they can only pursue compensation from the other driver if they can show their injury is sufficiently serious/ disabling.

But just because you have UM/ UIM coverage doesn’t mean getting it is a cakewalk. More often than not, insurers will try to offer low-ball settlement agreements or sometimes deny your claim outright. That’s what happened in a recent case before the Michigan Supreme Court (also in a no-fault insurance state).  Continue reading →

Published on:

Anyone who lives in Fort Myers knows U.S. 41 is a nightmare for motorists. Lanes are narrow. Traffic volumes are atrocious, especially at rush hour. There are few crosswalks and drivers routinely speed or tap away at their phones as they weave in-and-out of traffic. Worse, there is very little alternative, as the thoroughfare, also known as Tamiami Trail, is one of the main in the Southwest Florida. Car accidents occur with regularity.car accident

Perhaps it should surprise none of us, then, that it is ranked as the No. 2 most dangerous road in the country. Further, most Floridians would probably not be shocked to learn that four of the top five most dangerous roads are in Florida, as reported by NBC-2, which detailed the findings of a new study by Geotab. Six of the top 10 most dangerous highways are in Florida.

While car accident rates have spiked everywhere in these last two years, with increasing driver distractions and lower gas prices, Florida has been acutely affected.

Continue reading →

Published on:

The Japanese auto product manufacturer pleaded guilty recently to fraud as part of a settlement with the U.S. Department of Justice in which it agreed to pay $1 billion in penalties for concealing an airbag defect that’s been blamed for at least 16 deaths and dozens of injuries.drive

However, this is likely not the end of the story. For one thing, there are pending civil lawsuits in Miami alleging product liability resulting in serious injury and wrongful death.

Additionally, Ford recently issued a safety recall of approximately 32,000 vehicles in the U.S. and Canada to replace defective Takata airbags in newer models. The automaker reported that while it was unsure whether any accidents or injuries were connected to the defect, the issue was certain airbags had been shown not to fully inflate in the event of a crash. In some instances, the airbag even became detached from the wheel.  Continue reading →