Articles Posted in Car Accident

Typically, if a person injured in a car accident enters into a settlement agreement with the party responsible for the crash before a lawsuit is filed, it will be considered a complete resolution of the claims. In some cases, though, it may be unclear whether the parties actually entered into a contractual settlement agreement, and the injured party will proceed with litigation. Recently, a Florida court discussed the right of a defendant to question a plaintiff’s attorney regarding the settlement of a claim in a case in which the defendant argued the plaintiff was improperly seeking damages despite previously settling claims arising out of the underlying accident. If you were injured in a car accident, you only have one chance to recover damages, and it is prudent to speak to a dedicated Florida car accident lawyer to determine your potential claims.

The Underlying Accident and Negotiations

It is reported that there was a three-car accident involving the plaintiff, the defendant, and another party. The defendant’s car struck the third-party’s car, which then struck the plaintiff’s car. The plaintiff and his son were both injured in the crash. Following the accident, the plaintiff and the third party asserted claims against the defendant. The parties reportedly entered into a settlement agreement, wherein the defendant’s insurer agreed to pay her policy limits, which were divided among the three injured parties.

Allegedly, the plaintiff then filed a negligence lawsuit against the defendant. The defendant moved for summary judgment, and attached evidence regarding the settlement agreement to her motion. The plaintiff opposed the motion and filed affidavits stating that no settlement occurred. The defendant then sought to depose the plaintiff’s attorney and the plaintiff on issues pertaining to settlement. The plaintiff sought and was granted a protective order precluding such discovery, and the defendant appealed. Continue reading ›

Many people who are injured in car accidents seek to recover damages from the party responsible for their harm in a personal injury lawsuit. While it is important to file such claims within the statute of limitations, in some instances, what time constraints apply is not clear, such as in cases in which the claim is filed in a different state than where the accident occurred. Determining what statute of limitations applies in such cases was the topic of a recent Florida opinion issued in a matter in which the plaintiffs filed claims for damages caused by an accident that occurred in Georgia. If you were hurt in a collision, you could be owed compensation, and it is advisable to speak to a capable Florida personal injury attorney as soon as possible.

The Plaintiff’s Harm

It is reported that the plaintiff husband was involved in a collision with the defendant while driving in Georgia. The plaintiff husband suffered significant injuries, which he treated in Florida, where he lived. He and his wife then filed a lawsuit against the defendant in a Florida federal court, asserting claims of negligence and loss of consortium. The defendant, who lived in Michigan, argued that the Georgia statute of limitations applied barring the plaintiffs’ claims and filed a motion to dismiss.

Determining Which State’s Laws Apply

After reviewing the case, the court found that the Georgia statute of limitations applied to the negligence claim but not the loss of consortium claim. The court explained that in determining which state’s laws apply, a federal court in Florida will use the “most significant relationship test.” Under this test, the court will look at which state has a greater relationship to the injury in question, based on numerous principles, including the relevant policies of the forum, the needs of the interstate systems, upholding justified expectations, and uniformity of results. Continue reading ›

A person injured in a car accident will often pursue claims against the driver that caused the accident. In many instances, the person named as a defendant will attempt to evade liability by arguing that the plaintiff, in some way, contributed to causing the accident. For example, if a pedestrian lacks the capacity to walk safely and is struck by a vehicle, the driver may seek to introduce evidence of the pedestrian’s incapacitation in an effort to avoid being found at fault. The evidence that is admissible to demonstrate contributory negligence was the topic of a recent Florida ruling, in a case in which the plaintiff, who was intoxicated, was struck by the defendant driver. If you were hurt in a collision, it is in your best interest to speak to a skillful Florida car accident attorney to assess your rights.

The Evidence Admitted at Trial

It is reported that the plaintiff was walking along the side of a highway when he was struck by a car driven by the defendant. Police investigating the accident determined that the plaintiff had been drinking earlier in the day after he said he consumed two alcoholic beverages. He admitted to being “buzzed” and stated he did not know where he was going and was attempting to call a friend when he was struck. The defendant saw the plaintiff prior to the collision and was not distracted or impaired due to drugs or alcohol.

Allegedly, after he saw the plaintiff, he moved into the other lane to give him more room but struck him regardless. During the trial, the defendant admitted evidence from a toxicologist indicating that the plaintiff’s blood alcohol content at the time of the accident was .18 and that the plaintiff was impaired. Following the final verdict, the plaintiff appealed, arguing the introduction of intoxication evidence was improper.

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In Florida, there are rules that dictate when parties must produce evidence in support of their claims and defenses and when witnesses, including experts, must be disclosed. Such rules are designed to ensure a fair trial and to prevent one party from ambushing the other with previously unforeseen information on the eve of trial. If a party fails to comply with deadlines regarding discovery and disclosure, it may have an adverse impact, as demonstrated in a recent car accident case in Florida in which the plaintiff’s late-produced expert was prohibited from testifying. If you suffered injuries in an accident, it is important to speak to a knowledgeable Florida personal injury attorney regarding what you must prove to recover damages.

History of the Case

It is alleged that the plaintiff, who was operating a power chair, was struck by a car when she attempted to cross a Florida highway in a construction zone. She filed a lawsuit against the driver and the construction company, setting forth negligence claims alleging, in part, that she suffered psychological trauma due to the accident. During discovery, both the defendant’s and the plaintiff’s expert psychiatrists testified that the plaintiff was not suffering from PTSD and issued reports reflecting that testimony.

It is reported that days before trial, however, the plaintiff produced a second report from her expert wherein the expert stated the plaintiff suffered from PTSD and that it was caused by the accident. The defendants filed a motion in limine, asking the court to preclude the newly produced evidence, and the motion was granted. The jury found that plaintiff did not suffer any harm in the accident and ruled in favor of the defendants, after which the plaintiff appealed, arguing the trial court erred in precluding her second expert report.

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Negligence requires a plaintiff to prove multiple elements. In other words, the plaintiff must not only show that the defendant violated the applicable standard of care, but also that the defendant’s departure led to the plaintiff’s harm. As such, in most cases, negligence is an issue that must be decided by the jury. This was illustrated in a recent Florida car accident case in which an appellate court vacated the trial court’s order issuing a directed verdict in favor of the plaintiff, as the issue of causation was disputed. If you were hurt in a car accident, it is advisable to speak to a proficient Florida personal injury attorney to assess what damages you may be able to pursue.

Facts of the Case

It is reported that the defendant’s driver, who was operating a tractor-trailer, was employing a back-up maneuver to deliver goods to a business on a highway. The maneuver caused the truck to be placed into a jackknife position on the road. The delivery took place in the early morning hours, and the defendant had the lights on the vehicle illuminated. The plaintiff was traveling down the highway at the same time when he suddenly approached the truck. He was unable to stop in time to avoid a collision and ultimately suffered extensive injuries.

Allegedly, the plaintiff filed a lawsuit against the defendant, setting forth claims of negligence. At trial, the defendant conceded that the driver negligently maneuvered the truck. He argued, however, that the plaintiff could have been at fault for the accident, and the evidence presented to the jury would ultimately determine the issue of liability. Following the close of the plaintiff’s case, the court issued a directed verdict stating that the defendant proximately caused the plaintiff’s harm. After the trial concluded, the defendant appealed.

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Automotive Accident Attorneys in Cape Coral, FL
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.

Distracted Driving Attorneys in Naples, FL
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.

Distracted Driving Attorneys in Naples, FL
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.

Cape Coral FL Auto Accident AttorneysFlorida 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.

Truck Accident Lawyers Cape Coral FL
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

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