Category Archives: Auto Accidents
U.S. Department Of Transportation Figures Show 12 Percent Rise In Auto Accident Fatalities In 2021
While plane crashes tend to draw a great deal of media and public attention, air travel has long been among the safest modes of transportation. Fatal airplane accidents are actually quite rare, statistically speaking. Indeed, you are far more likely to die in an accident involving a car or truck than in any either… Read More »
Are Florida Bars Responsible For Serving Minors Who Cause Drunk Driving Accidents?
Before the 1960s, a Florida bar or similar business that sold alcohol was generally not legally responsible if one of its patrons became so intoxicated that they injured someone else. In 1963, however, the Florida Supreme Court held that if a bar illegally sold alcohol to minors–currently defined as anyone under the age of… Read More »
Can A Jury Award Damages Inconsistent With The Evidence In A Personal Injury Case?
Juries have fairly broad discretion when it comes to awarding damages in a personal injury case. But such discretion is not without limits. When it comes to awarding economic damages, for example, the jury cannot act against the “manifest weight of the evidence.” In plain terms, if the plaintiff presents credible evidence that they… Read More »
Is An Auto Dealership Liable For An Accident Cause By A “Loaner” Vehicle?
Vicarious liability is an important legal concept when it comes to auto accidents. It basically means that the owner of a vehicle can still be held financially responsible for an accident victim’s injuries even if they were not the person actually driving the car at the time. For example, if someone causes an accident… Read More »
The Perils Of Rejecting “Stacking” UM Coverage For Your Auto Insurance Policy
We have all filled out Internet forms that require us to check certain boxes and read the fine print. Most of us simply check the box without bothering to carefully read or consider what we have just agreed to. Unfortunately, when it comes to something like purchasing auto insurance, failing to pay attention may… Read More »
What Happens When An Insurer Refuses To Settle A Valid Personal Injury Claim?
When bringing a personal injury claim arising from an auto accident, a victim often has to deal with not just the negligent driver, but also their insurance company. Indeed, even if the driver is willing to settle a claim, the insurer may insist on litigation. But this carries some risk to the insurer, as… Read More »
Can A Bar Be Held Responsible For A Customer’s Drunk Driving Accident?
Hundreds of people die in Florida each year in drunk driving accidents. Many of these victims were innocent people whose lives were cut short due to the reckless and negligent act of the drunk driver. In some cases, the drunk driver had only just left a bar or social event where they were served… Read More »
Does Florida Law Still Apply If You Are Injured While Driving In Another State?
Florida requires all licensed drivers to carry a minimum amount of auto insurance. This insurance must provide certain “no-fault” personal injury protection (PIP) benefits. These benefits, in turn, must cover 80 percent of any “necessary and reasonable medical expenses” arising from a covered accident up to the $10,000, regardless of who was responsible for… Read More »
When Is The Rear Driver Not Legally Responsible For A Rear-End Accident?
In rear-end car accidents, the rear driver is usually at fault. Florida law actually imposes a presumption of negligence on rear driver defendant in these situations. There are, however, ways a defendant can rebut this presumption, such as they can prove they suffered a “sudden and unexpected loss of consciousness,” which left them incapable… Read More »
Auto Insurer Not Responsible For $7.7 Million Wrongful Death Judgment
Auto insurance companies are not in the business of paying out claims when they believe the language of the policy supports a denial of coverage. In some situations, the policy language may be ambiguous, in which case a Florida court will normally resolve the ambiguity against the insurance company as the drafter. But when… Read More »
