Articles Posted in Car Accident

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

Pedestrian Accident Attorney Naples FL
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.

Fort Myers FL Auto Accident AttorneysDid 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.

Should I Call My Auto Insurance Company if I'm Not at Fault? Attorney Fort Myers FLSince Florida is a no-fault car insurance state, you’ll need to first file a no-fault claim with your own insurance company regardless of who’s at fault. If you have any questions or concerns, call our legal office today.

Our car accident lawyers will be able to advise you on the best steps to take following a car accident so you can receive the most compensation for medical bills, lost wages, and other damages.

Continue reading to learn why you’ll still need to call your insurance company, even if the car accident wasn’t your fault.

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