Articles Tagged with car accident lawyer

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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. bicycle accident

In a recent bicycle accident injury case before the Wyoming Supreme Court, plaintiffs were suing a single driver after an incident wherein they were riding bicycles together and both were struck by defendant driver operating a car. One bicyclist died and another was seriously injured. They had uninsured motorist coverage through their own carrier, which had a policy extending $300,000 in damages per accident. That would mean no matter how many claimants, the insurer would only pay out a maximum $300,000.

Plaintiffs, however, contended they were each entitled to a maximum $300,000 because there had actually been two accidents, not just one. While the trial court granted summary judgment to the insurer, the state supreme court found the record insufficient to conclude there had only been one accident. The case was remanded for further proceedings.  Continue reading →

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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.car accident attorney

That was the ruling of the Alabama Supreme Court in a recent case involving two car accident claimants. Although this is an out-of-state case, it deals with matters that could just as easily arise in Florida, and justices often consider rulings by sister courts that have weighed similar issues.

To understand the court’s ruling, we must first explain a bit about U.S. Bankruptcy Code and how it impacts personal injury claims. A Chapter 7 bankruptcy in particular involves a trustee who gathers and sells a debtor’s nonexempt assets and uses the proceeds to pay creditors in accordance with the provisions of bankruptcy law. Part of the debtor’s property may be subject to liens that can be paid to creditors. Continue reading →

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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. pedestrian accident

According to The Press Republican, the girl, her mother and a neighbor were walking at the intersection of Hampton Meadow Way and Bright Street in Riverview when they were struck by the 33-year-old driver of a pickup truck. The driver said he looked before he turned onto the street, where he saw the two women and the dog. However, he said he did not see the little girl. As soon as he heard the sickening sound of the impact, he immediately stopped and realized he had struck the girl.

The girl’s mother, meanwhile, asserts the driver was operating on the wrong side of the road. Her daughter, she said, was approximately two arm’s lengths ahead of her as they made their way home. The girl had made it nearly to the sidewalk right in front of her home, where she stood waiting for her mother, holding a sippy cup.  Continue reading →

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A recent decision by Florida’s Third District Court of Appeals upholds the liability of auto insurance company GEICO in covering damages awarded to plaintiffs who won a $15 million verdict against GEICO’s insured. car accident lawyer

The case is a tragic and complicated one, and despite the commonality of Florida auto accident claims, how complex they can sometimes be when it comes to disputes with insurers. That’s why it’s so critical that claimants seek top quality legal counsel to represent them in such cases.

The case began with events that occurred in March 2011 in Miami. Court documents revealed defendant driver was operating his mother’s vehicle when he slammed into a cluster of other vehicles on the shoulder of I-95. The other motorists had just been involved in a minor chain-reaction crash set off when one vehicle clipped a stalled vehicle that was parked in an emergency lane. A total of seven cars were involved in the initial crash. People had exited their vehicles and were waiting on police to arrive when defendant swerved from the express lane, slammed into a concrete barrier and then crashed into the crowd. He instantly killed four people and a fifth died several days later of severe personal injuries.  Continue reading →

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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 →

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“Steer clear of the state of Florida,” the lead sentence of a recent Forbes.com article reads. The reason? Our traffic safety is atrocious, particularly on South Florida highways. Of those that had the most car accident fatalities in the last decade:

  • Florida U.S. 1 – 1,079 deaths
  • Florida U.S. 41 – 772 deaths
  • Florida U.S. 27 – 614 deaths
  • Florida U.S. 441 – 442 deaths
  • Florida U.S. 17 – 420 deaths
  • Florida U.S. 98 – 465 deathshighway

Six of the top 10 deadliest highways in America are right here in the Sunshine State. The Forbes writer referred to these as “death tollways.” The numbers were based on a recent analysis of federal data from the National Highway Traffic Safety Administration (NHTSA) by a company called GeoTab.  Continue reading →

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Florida is second only to Louisiana when it comes to the worst states for distracted driving. That’s according to a new study conducted by an online insurance company that used an app called EverDrive to measure behaviors like speeding, aggressive turning, sudden acceleration, hard braking and other dangerous movements while the motorist’s phone was being used behind the wheel. Study authors made sure to exclude measurements of movements that occurred in the car when the phone was in sleep mode or when it was used in hands-free mode (which we know still is not as safe as you might think). iphone

The analysis proved that more than 90 percent of drivers across the country with cell phones have used them while in a moving car at some point in the previous month.

When it came to state rankings, Florida was placed at No. 2. This was based on data from 2.7 million trips and 230 million miles driven, according to the company.  Continue reading →

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April is distracted driving month. phone

Officials with the Florida Highway Patrol, the Florida Department of Transportation, the Florida Police Chiefs Association, the Florida Sheriffs Association and AAA are teaming up to promote Distracted Driving Awareness month, and urging drivers to keep their eyes on the road.

Last year in Florida, approximately 50,000 crashes involved a driver who was distracted. It’s an action that substantially impairs reaction time, resulting in an estimated five crashes in this state every single hour.  Continue reading →

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Florida senators overseeing the state Senate Banking and Insurance Committee approved a bill that would establish regulations and insurance mandates for popular ridesharing companies like Uber and Lyft. driver at a glance

SB 340 passed by a margin of 7-2.

If the bill makes its way through the entire state senate, it would establish a statewide regulatory framework for all drivers of the ridesharing service. This would include parameters regarding how much insurance coverage drivers would need to carry when they are not covered by the rideshare service’s plan. Continue reading →

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A recent analysis by The Tampa Bay Times, looking at figures from the Florida Highway Patrol, reveals hit-and-run crashes in Florida are on the rise. road

This creates a troubling situation not just for law enforcement companies, but for victims who are injured by someone else’s negligence with no one to hold accountable. Our injury lawyers in Fort Myers know there are sometimes a few different avenues to pursue in these cases, but it does often make the process more difficult.

Last year, there were more than 99,000 hit-and-run crashes in Florida, representing a 26 percent uptick since 2013, when there were about 78,660. Some of these were simple fender-benders, while others were major collisions, resulting in serious personal injury and death. In fact, 179 people did lose their lives in these crashes.  Continue reading →