Most car accident claims and lawsuits are settled before they ever get to the trial phase. Such settlements should be carefully crafted and reviewed by an experienced lawyer, or else plaintiffs may risk forfeiture of rights to further action against other defendants. One common clause sometimes tucked into these agreements is the…
Articles Posted in Car Accidents
Report: Southwest Florida at Risk from Bad Drivers
In a recent article published in Gulfshore Life, Reporter Jennifer Reed began with the observation that, as someone who drives 60 hours a day round-trip at least five days every week, drivers in Southwest Florida “stink.” She qualifies this by saying she used to live in Massachusetts, where drivers have a notorious less-than-stellar…
Foster-Naser v. Aurora County – Road Sign Maintenance
Roadway signs are the means by which drivers learn the rules, warnings, guidance and other information necessary to safely navigate their route. Erection and maintenance of roadway signs are the responsibility of whoever owns that street, whether it’s a local township, county, city or state. There are sometimes contracts between these entities wherein the…
Wuthrich v. King County – Duty of Government to Control Vegetation
You approach an intersection and stop at a stop sign. You try to look both ways, but there is a huge bush in your away. You inch forward and still don’t see anyone, so decide to proceed. BAM! A motorcycle seemingly blasts out of nowhere and strikes your rear driver’s…
When Negligent Repair of Auto Plays a Role in Crash
Most of us depend on our vehicles to commute to work, school, our kids’ soccer practices and more. We can’t control the way everyone drives on the road, but we can ensure our own driving habits are optimal and that our vehicle is in good working condition. Or can we? We…
Woodward v. Taylor – Jurisdiction in Crash Case
With most auto accidents in Fort Myers, if it happens here, the proper court in which to file it will be within the 20th Judicial Circuit Court, Civil Division. Still, one of the first things the court will want to establish is jurisdiction, which is the official power to…
Florida’s No Fault Car Insurance System to End?
For 40 years, Florida drivers have been compelled to purchase Personal Injury Protection auto insurance to cover a minimum of $10,000 in personal injuries occurring as a result of an auto accident – no matter who is at fault. It’s referred to as the state’s “No Fault” car insurance system.…
Investigation: Train That Derailed in Truck Crash Had Flawed Parts
An internal investigation into a deadly train crash in Southern California, just outside of L.A., has revealed a number of the derailed passenger cars were equipped with defective parts. Specifically, two couplers and a “cow-catcher” broke when the train struck a large pickup truck and trailer that had gotten stuck…
Serra v. Estate of Broughton – Exchange Student to Receive UM/ UIM Benefits of Host Family
A foreign exchange student from Spain, seriously injured in a crash while riding in a friend’s car, was insured by her host family’s uninsured/ underinsured motorist benefits, the Oklahoma Supreme Court ruled. In a case that could serve as a guide in other jurisdictions, justices reviewing the facts of Serra…
South Florida Judge Rejects Waiver as Absolution Argument by Crash Defendants
Citing the 2015 Florida Supreme Court decision in Sanislo v. Give Kids the World, Inc., defendants in a fatal van accident lawsuit argued before Collier Circuit Judge Hugh Hayes that a liability waiver meant they weren’t liable for a 17-year-old’s death in December 2011. Hayes, though, wasn’t buying it. In…