The recent death of veteran newsman and “60 minutes” correspondent Bob Simon has raised a number of questions about how safe back seat passengers are in the event of a crash. Simon was killed while riding in a livery cab in Manhattan. Although he was not wearing a seat belt,…
In any car accident litigation, one of the primary issues is causation. That is, plaintiff has the burden of proving that injuries for which damages are sought were indeed caused by the crash. In some cases, this is relatively straightforward, particularly in a serious crash, where one seeks immediate medical…
A federal law called the “Graves Amendment” was passed several years ago at the behest of the rental car industry, seeking to eliminate liability for the wrongdoing of customers who rented their vehicles. Prior to that, virtually all owners of vehicles could be held vicariously liable for damages resulting from…
A Fort Myers bicyclist’s successful challenge of a ticket for failing to adhere to the right side of the road went national, after a story in The News-Press was picked up by USA Today, likely in recognition of the fact that an increasing number of cyclists are trying to protect…
An elderly woman was rendered quadriplegic following a car accident last year in Northern Florida. Now, the 76-year-old has filed lawsuit against the vehicle manufacturer, as well as the maker of an allegedly defective airbag in her Honda Civic. In the 60-page lawsuit Mincey v. Honda and Takata, she details…
When injuries stem from an altercation fueled by barroom bravado or alcohol, it is possible the owner of the bar, restaurant or nightclub could be held liable for damages. It depends on the underlying circumstances. Under Florida premises liability laws, establishments have a responsibility to keep their property reasonably safe…
DUI ignition interlock devices are effective at driving down recidivism rates among impaired driving offenders – but only so long as they are installed. Those rates begin to creep back up as soon as the devices are uninstalled. This is according to a new report by The Florida Legislature Office…
News of a terrifying crash on Fort Myers Beach recently made national headlines after the emergence of a surveillance video that captured the scene. The 67-year-old driver, from Michigan, reportedly fainted behind the wheel before slamming into a pickup truck and flipping her own vehicle into the eating area of…
A large group of speeding, wheelie-popping daredevil motorcyclists and all-terrain vehicle operators have made headlines as they’ve roared across South Florida highways, recklessly weaving in and out of traffic and surprising unsuspecting motorists. Most weren’t riding helmets as they zoomed by at speeds in excess of 100 mph. Some were…
In any personal injury lawsuit, there are some basic legal and factual requirements that must be met in order for the claim to succeed. These requirements include establishment of: –A duty owed by defendant to plaintiff; –A breach of that duty; –Proof that breach proximately caused plaintiff’s injuries; –Compensable damages.…