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Articles Posted in Car Accidents

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Florida Lawmakers Propose Tougher Texting-While-Driving Law

Everyone knows a texting driver is a dangerous driver. But the consequences for doing so – particularly in Florida – are weak in comparison to the penalty paid by victims. That’s why it keeps happening, and why the number of crashes nationally attributed to texting drivers is now at 340,000,…

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$1.45 Million Settlement For Lacking Barriers in Fatal Crash; $9.5 Million Lawsuit Still Pending

A commissioner for the City of Portland, Ore. has received an agreement to settle one of the pending wrongful death actions for the loss of her husband for $1.45 million. The settlement was reached with the Oregon Department Transportation following a head-on collision in September 2014 on a stretch of…

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Yang v. Little Rock City – Death of Boy, Mother Spurs Lawsuits Alleging Poor Emergency Response

A woman was traveling less than a mile from her home to her son’s daycare in Arkansas when her vehicle hit a patch of black ice near an intersection. She careened into a nearby pond, and immediately called 911. Frantic as she and her 5-year-old sunk deeper into the icy…

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Stensland v. Harding County – Government Liability for Poor Road Conditions

In most car accident lawsuits, plaintiffs take action against at-fault drivers and their insurance companies. Sometimes, plaintiffs may file uninsured or underinsured motorist coverage through their own auto insurer if the at-fault driver’s coverage is inadequate. However, the possibility that a government agency may be responsible for poor construction or…

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Rear-End Collision Avoidance Technology to Become Standard

The National Highway Traffic Safety Administration has long been interested in driving down the number of rear-end collisions. Nearly one-third of all collisions are rear-end accidents, the agency reports, and the vast majority of those are avoidable. The problem has only worsened in recent years with the proliferation of smart…

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Tracy Morgan Truck Accident Settlement Spurs Bad Faith Insurance Claim

Insurance companies have a responsibility to their insureds and those harmed by their insureds to timely pay fair sums for legitimate claims. When they fail to do this, they may be sued for acting in bad faith. F.S. 624.155 allows direct legal action against insurers who violate this tenant, and…

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Florida Car Accident Victims Win $14.5 Million From Auto Insurer

Auto insurance is required of drivers in Florida, and we trust that when we pay our premiums in full and on time, the insurance companies will do as they promise. However there are many cases in which insurers don’t follow through on their end of the bargain. Even victims who…

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Uspenskaya v. Meline – Collateral Source Rule in Injury Cases

Florida courts do not allow plaintiffs in most car accident cases to raise the issue of defendant insurance due to concern that jurors would treat insured defendants differently from those who lacked insurance. It is in a similar vein that courts generally don’t allow defendants to mention whether plaintiff seeking…

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O’Connor v. George – Misrepresentation of Evidence in Crash Case

Evidence that is submitted for consideration of a judge or jury in a car accident case must be stipulated as a true and accurate representation, to the best of knowledge available. When evidence is not properly represented, it deprives jurors of the opportunity to fully weigh the facts. If such…

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Deadly Defect in GM Cars Leads to $900 Million Penalty, No Criminal Charges

The General Motors ignition switch defect linked to 124 deaths and many more injuries resulted in a criminal case by the U.S. Department of Justice, which is now being settled for $900 million. That may sound like a lot of money, but those who have lost loved, were injured or…

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