A federal appeals court reversed a $3 million judgment in favor of a personal injury plaintiff who alleged a defective vehicle caused him to suffer serious injuries in a 2012 car accident. The court ruled that expert witness testimony pertaining to the speed control cable should not have been admitted.…
Articles Posted in Car Accidents
Permissive User Status in Auto Insurance Liability
The question of whether a person is a permissive user of a motor vehicle under a standard auto insurance policy can be an important one in determining whether indemnity and coverage will be provided. This is usually of great interest to both parties in an injury lawsuit. The defendant wants to…
Florida Given “Red Light” by Highway Safety Advocates
Florida received one of the worst rankings for gaps in highway safety laws, which are costing lives on our roads every day. The ranking was issued by Advocates for Highway Auto Safety in its most recent report, 2017 Roadmap of State Highway Safety Laws. The 58-page report begins by detailing…
Report: Uptick in Traffic Deaths Outpaces Travel Increases
When word spread that traffic deaths had increased 8 percent in the first nine months of 2016, continuing an alarming surge in roadway fatalities, one of the many explanations offered by traffic safety experts was that there were more people on the roads. However, as The Associated Press pointed out,…
Gilliam v. Immel – Proof of Damages Key in Injury Lawsuits
The first question that often arises in injury litigation is whether the defendant was negligent in causing plaintiff’s injuries. But the second – and equally important – element is damages. That is, to what extent did plaintiff suffer? How can that suffering be quantified? Our Fort Myers injury lawyers do…
Entila v. Cook – Workers’ Compensation and Claim Against Co-Worker
Typically when someone is injured at work, the exclusive remedy they will have from their employer is workers’ compensation. This is true even if it was the wrongdoing of the company or the co-worker who caused the accident that resulted in serious injury. There are some very narrow exceptions in…
Report: Lee County Traffic Deaths Soar More Than 10 Percent in 2016
The number of traffic deaths in Lee County soared higher than at any point in a decade – and more than 10 percent in just a single year. That’s according to the latest report from The New-Press, which as of Jan. 1st still only had numbers through early December 2016.…
NHTSA Proposes Rules for Vehicle-to-Vehicle Communication
The majority of Fort Myers car accidents are the direct result of human error. Someone wasn’t paying attention. Someone was too sleepy. Someone was speeding or drunk or misjudged how much time they had before a light. Now, the National Highway Traffic Safety Administration (NHTSA) is looking to improve safety…
USDOT Aims to Curb Cell Phone Distractions for Drivers
With the goal of reducing the serious risk posed by distracted drivers toying with their cell phones, the U.S. Department of Transportation’s National Highway Traffic Safety Administration has proposed voluntary guidelines to manufacturers of phones and software. One of the key measurements involves a the creation of a “Driver Mode,” akin…
Report: Lee County Fatal Crash Count Topped 100 in 2016
The number of traffic fatalities in Lee County topped 100 for the first time since 2007, according to a report late last month from The News-Press. As of the third week of December, there were 102 traffic fatalities in 2016 – more than it’s been in a decade. That figure…