In an effort to shield bicyclists from motorists who whiz by too fast and too close, the Florida legislature passed a law in 2006 that requires drivers to maintain three feet of clearance when passing bicyclists on the road. But in the years since, it’s been shown that enforcement of…
In one of the largest studies of its kind, the AAA Foundation for Traffic Safety paints a very troubling picture of the problem of teen driving and distraction. The compelling new evidence suggests distractions – particularly using cell phones and talking to other passengers – play a significant role in…
A loophole in Florida law allows rental car drivers who live out-of-state to avoid providing proof of insurance when renting a vehicle. Rental car companies in the state have little incentive to require or even push for this because of a federal law known as the Graves Amendment, which exempts…
In any negligence case that can’t be soundly defeated on its merits, defense lawyers may try to assert the victim was in some way or to some degree responsible for his or her injuries. This is called comparative fault. In some states, a finding of comparative fault – no matter…
For the purported negligence of a fatigued Wal-Mart truck driver, the retail company has agreed to pay $10 million to the family of a man killed when its driver collided with a luxury van in which decedent was riding. The payout to the family of Comedian James McNair will be…
Plaintiff in Hodson v. Taylor was a teenager when he ventured out with a group of friends on a private lake in a pontoon boat owned by one of the friend’s parents. The group spent some time cruising around the lake and stopped a few times to swim. When they…
Florida courts have long held that insurance agents/brokers owe a duty of care to the insured. This means the agent has a duty to insureds to explain the coverage and to explain when unilateral changes are made. The law also requires insurance agents to use reasonable care in the procurement…
A bicycle injury verdict handed down by a Florida trial court has been reversed on appeal after it was determined failure to warn – the key argument in the product liability claim – was not the proximate cause of plaintiff’s injuries. The case of Trek Bicycle Corp. v. Miguelez before…
A horrific, fatal trucking accident in Palm Beach County was preceded by extremely foggy, dark conditions on U.S. 27. But that only compounded the bigger problem which was that, for reasons unknown, the trailer became unhooked from the truck in the middle of the highway. That was around 6 a.m.…
Last year, there were more motor vehicle recalls than any other year on record. This stemmed from a combination of issues, including the fact that years-old problems were finally being conceded and addressed by manufacturers, and regulators were beginning to take a hard line with the auto industry as new…