A recent report by the Insurance Research Council indicates a marked increase in the number of people seeking legal assistance in filing an auto injury claim. Our Cape Coral car accident attorneys understand the percentage of personal injury protection claimants in auto accidents represented by a lawyer increased to 36…
Articles Posted in Car Accidents
More Road Travel in Florida Expected This Labor Day
This Labor Day is expected to be the busiest on our nation’s roadways in six years, with the recession easing and gas prices lowered. But, according to AAA projections, it’s also likely to be one of the deadliest holidays in recent years as well. As our Fort Myers car accident…
Carman v. Tinkes – Traffic Law Violation Doesn’t Automate Fault
In auto accident litigation, our Lehigh Acres injury lawyers know it can be helpful to the plaintiff’s case if it can be shown the defendant driver was engaged in some violation of traffic law at the time of the crash. However, as the recent case of Estate of Edmund M.…
Fatal Fort Myers Hit-and-Run Leads to Arrest
Fort Myers police report a 23-year-old pedestrian was killed after being struck by a hit-and-run driver outside a local club. The 21-year-old driver was caught soon after the crash by police after a witness followed him home and contacted authorities. Our car accident lawyers in Fort Myers know that under…
Florida Courts Deny Automatic Forfeiture of Coverage for Medical Exam Refusal
Anytime an insurance claim is made for injuries relating to a motor vehicle crash, you can bet the insurer is going to question both the nature and extend of any injuries. The primary way this is done is through compulsory medical exam. This is sometimes referred to by the insurer…
Bergmann v. FDOT – Operation-Level Negligence Trumps Sovereign Immunity
Generally speaking, the government and its employees are shielded from lawsuits asserting negligence resulting in injury based on the legal principle of sovereign immunity. Government entities entitled to this protection encompass a wide range of fields, from police departments to hospitals to school districts to transportation departments. However, our Sarasota…
Who Can Sue For Wrongful Death: Force v. Am. Family Mut. Ins. Co.
Wrongful death litigation in Florida can arise from virtually any death resulting from negligence, including traffic crashes, work accidents, medical malpractice and other incidents that result in fatality. Similarly, it can involve almost any type of family. The fact that the makeup of the “average” American family has evolved significantly…
FL 3rd DCA Rules No Vicarious Liability in Tribe Case
Fort Myers car accident attorneys recognize that in crash cases, there are numerous situations in which a third party can be held responsible for the at-fault driver’s actions. Per the doctrine of vicarious liability, there are instances wherein the owner of the vehicle could bear some of the burden. So…
Winter v. State Farm – Insurance Firms Must Write Clear Policies
Case law in Florida has well-established that insurance companies must write policies that are clear and without ambiguity. Any dual interpretations or omissions are to be considered in a light most favorable to the insured. Cape Coral car accident lawyers note this principle was highlighted most recently in Florida in…
Rejection of UIM Coverage Must Be in Writing – Whelan v. State Farm
With the economic recovery still tepid in Florida, many people are forgoing full auto insurance coverage – or sometimes giving it up altogether -because they can no longer afford it. Of course, many of these individuals still drive, as do those who aren’t eligible for auto insurance because they lack…