Articles Posted in Car Accident

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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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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