Proving fault in a car accident is not enough to prove one is entitled to monetary compensation. One must also prove causation. This means the person injured has to show that it was defendant’s breach of duty that caused plaintiff’s injury, and not some other intervening action or inaction. In…
Articles Posted in Car Accidents
Fatal Car Accidents In Lee County Now Total 75 in 2016
A Florida Gulf Coast University student was killed recently in a Fort Myers car accident, making him the 75th person to die on Lee County roads in 2016. The 20-year-old student was killed on Michael G. Rippe Parkway, near the intersection of Briarcliff Road, shortly before noon when his passenger…
NHTSA: Unsafe Cars Cost Lives in Florida
Recently, the National Highway Traffic Safety Administration sought to heighten awareness of unsafe vehicles and vehicle components and the devastating toll it takes on our roadways. The agency’s “Safe Cars Save Lives” bus tour involved a large bus making its way across the country – including to South Florida in…
Holiday Motor Corp. v. Walters – Product Liability in Convertible Rollover
The Virginia Supreme Court reversed a $20 million product liability verdict favoring a woman seriously injured when her Mazda convertible rolled over. Justices ruled trial court abused discretion in allowing plaintiff’s expert witness to testify, and further, defendant manufacturer had no legally recognized duty to design or supply a soft top…
Vicarious Liability of Vehicle Owner May Be Asserted in Florida Car Accident Lawsuit
Headlines recently centered on a pregnant reality television personality who is being sued in connection with a car accident – despite the fact that she was nowhere near the scene when it happened. Blac Chyna has been named in a personal injury lawsuit that seeks damages for medical expenses, lost…
CDC: U.S. Must Do Better to Reduce Motor Vehicle Deaths
In its most recent CDC Vital Signs update, the U.S. Center for Disease Control and Prevention reports that while the reduction of motor vehicle deaths over the last 50 years was one of the greatest public health achievements of the 20th Century, we’ve still got a long way to go. …
Gearhart v. Mutual of Enumclaw Ins. – Auto Insurance Anti-Stacking Language Ambiguous
The two parents may have been divorced, but they both loved their teenage son and wanted to make sure he was adequately covered in the event of an auto accident. That’s why they each had an auto insurance policy – albeit from the same company – that named him as…
State Farm Mut. Auto. Ins. Co. v. Jakubowicz – Underinsured Motorist Claim Validated
Underinsured motorist benefits are one of the most important types of coverage any Floridian can purchase. That’s because it will ensure adequate coverage in the event you are injured in an accident with a driver who lacks enough insurance to fully cover your damages. Most UIM policies, however, will require…
Lucca v. GEICO – Judge Grants Motion to Exclude Policy Limits
The U.S. District Court in the Eastern District of Pennsylvania has ruled that the $900,000 limit and the amount of premiums paid for an underinsured motorist policy is irrelevant to a claim for benefits and breach of contract. As such, that evidence was excluded from trial. In Lucca v. GEICO, plaintiff suffered injuries…
Etherton v. Owners Insurance Co. – Bad Faith Insurance After Car Accident
Auto insurance companies make lots of promises. They vow to be “on your side” and “like a good neighbor.” The truth of the matter is, when it comes time to pay a claim, they will do anything in their power NOT to pay it – or at least to minimize…