Auto Accident Attorney

Florida Court Discusses Respondeat Superior in Car Accident Cases

Published on: June 24, 2021 | Lusk, Drasites & Tolisano, P.A.

People who drive recklessly and cause collisions are often held liable for any injuries that arise due to the accidents. In some instances, other parties may be deemed accountable as well. For example, if a driver was working at the time of a crash, the driver’s employer may be found liable under a theory of respondeat superior. Employers will only be deemed responsible for the negligent acts of their employees in certain situations, however, as explained in a recent Florida opinion issued in a car accident case. If you were hurt in a crash, you could be owed damages, and it is prudent to meet with a knowledgeable Florida car accident attorney to assess what claims you may be able to pursue.

The Accident and Subsequent Claims

Allegedly, the plaintiff was injured in a collision with the defendant driver. At the time of the crash, the defendant was working temporarily in Florida. The defendant employer paid for his hotel room and rental car during the duration of his stay. The defendant driver was operating the rental car at the time of the crash. The plaintiff subsequently filed a lawsuit alleging negligence claims against the driver and respondeat superior claims against the employer. The employer moved for summary judgment, arguing that the driver was not operating in the course and scope of his employment at the time of the crash and, therefore, it could not be deemed liable. The trial court granted the motion, and the plaintiff appealed.

Respondeat Superior Liability in Florida

Under Florida law, respondeat superior renders employers vicariously liable for the negligent acts of their employees that are committed within the scope and course of their employment. An employee’s actions are within the scope of employment if they occur substantially within the permitted space and time limits and are undertaken at least in part to serve the employer. Continue reading ›

Does Speeding Cause More Car Accidents?

Published on: April 8, 2019 | Lusk, Drasites & Tolisano, P.A.

Speeding was a contributing factor in 26% of fatal car accidents in 2017, according to the National Highway Traffic Safety Administration. In other words, speeding accidents are more common than you may think.

If you or a loved one were seriously injured in a speeding accident caused by another driver, don’t hesitate to give us a call. Our car accident lawyers in Florida will be able to evaluate the details of your case to determine your next steps.

A driver has a duty of care to operate their vehicle as a reasonable person would. By speeding, a driver violates this duty of care and can be found at fault for causing the car accident.

Can Unsafe Tires Cause Car Accidents?

Published on: April 8, 2019 | Lusk, Drasites & Tolisano, P.A.

According to the National Transportation Safety Board, about 19,000 Americans are injured every year in car accidents caused by unsafe tires. If you or a loved one has been seriously injured in a car accident involving unsafe tires, request a consultation with one of our car accident lawyers.

We can help you determine what your next steps should be so you can receive the compensation you deserve for car accident injuries.

Continue reading to learn how unsafe tires cause car accidents.

Did Distracted Driving Cause Your Accident?

Published on: April 8, 2019 | Lusk, Drasites & Tolisano, P.A.

In the United States, distracted drivers are responsible for causing 9 deaths and injuring 1,000 people each day.

If you or a loved one were hurt due to distracted driving, call our auto accident attorneys as soon as possible.

Our lawyers will do everything in their power to prove that the other driver was negligent when they took their attention away from the road.

How Do I Prove the Other Driver Hit My Car?

Published on: February 4, 2019 | Lusk, Drasites & Tolisano, P.A.

Florida is a no-fault car insurance state. This means that your personal injury protection (PIP) will cover your medical bills, lost wages, and other economic damages after a car accident regardless of fault. But you’ll need to prove the other driver was at fault if you wish to file a third-party claim against their insurance and receive non-economic damages.

UNDERSTANDING THE DUTY OF CARE

All drivers have a responsibility to drive safely by obeying traffic laws, not driving distracted, and not operating their vehicles while under the influence of alcohol or drugs. If a driver violates this duty of care, they can be found negligent and held responsible for your car accident injuries. Our car accident lawyers can help you gather evidence, such as witness statements, photos, videos, and the police report.

Defects That Can Cause Semi Truck Accidents

Published on: February 4, 2019 | Lusk, Drasites & Tolisano, P.A.

A semi-truck accident is not only frightening but can leave you with serious personal injury. Fortunately, our truck accident attorneys are ready to help you receive the compensation you deserve. Our skilled attorneys are here to help you.

Continue reading to learn what defects are most responsible for causing semi-truck accidents.

COMMON CAUSES OF SEMI-TRUCK ACCIDENTS

5 Ways Drivers Cause Pedestrian Accidents

Published on: February 4, 2019 | Lusk, Drasites & Tolisano, P.A.

Were you or a loved one injured in a pedestrian accident? According to the Centers for Disease Control and Prevention, pedestrians are 1.5 times more likely to be killed in a car accident than passengers.

Since pedestrians are vulnerable to being struck in crosswalks and other locations by negligent drivers, hire legal help as soon as possible. Our pedestrian accident lawyers can help you receive the compensation you deserve.

Here are the 5 ways drivers cause pedestrian accidents.

5 Driving Habits That Cause Car Accidents in Florida

Published on: February 4, 2019 | Lusk, Drasites & Tolisano, P.A.

Did you know that certain driving habits increase your risk for an auto accident in Florida? Fortunately, our car accident attorneys are here to let you know what habits you should immediately stop so you can be safer while driving.

We understand injuries can affect your ability to return to work and do everyday tasks, which is why we do everything in our power to make sure clients get the compensation they deserve.

Continue reading to learn about the 5 driving habits that cause car accidents in Florida. If you or a loved one have been recently injured in a car accident, don’t hesitate to schedule a consultation with one of our car accident attorneys.

Will My Car Insurance Rates Go Up If an Accident Wasn’t My Fault?

Published on: December 5, 2018 | Lusk, Drasites & Tolisano, P.A.

It’s rare for 100% of the blame to fall on one driver. For example, Driver 1 may have been texting while Driver 2 ran a red light.

While Driver 2 carries more of the blame for the car accident, they aren’t solely responsible. Even if you’re found partially responsible for a car accident, your insurance company may increase your rates.

For this reason, it’s important you hire a car accident lawyer as soon as possible.

Who Pays for Property Damage After a Car Accident?

Published on: December 5, 2018 | Lusk, Drasites & Tolisano, P.A.

Although Florida is a no-fault car insurance state, the at-fault driver will still need to pay for the damage of your vehicle following a car accident. In the state of Florida, car owners must carry at least $10,000 in property damage liability insurance.

If your vehicle was damaged due to another driver’s negligence, you’ll be able to file a property damage claim with their insurance company. Contact our legal office today if you have any questions.

One of our car accident lawyers can help you through the process so you get the compensation you deserve.