While traffic homicide investigators continue to piece together evidence from the wreckage following a recent fatal crash on Del Prado Boulevard in Cape Coral, they say one thing seems certain: Speed was a primary factor. It seems both vehicles – a Toyota Corolla car and a GMC Envoy sport utility…
Florida Injury Lawyer Blog
New Report: Florida Still Among Deadliest for Cyclists
If there was anything positive for Florida cyclists in the latest Governors Highway Safety Association report “Bicyclist Safety,” it’s that the Sunshine State is no longer No. 1 in cycling fatalities. That dubious distinction now goes to California. However, that state – with 28.8 million more people than Florida –…
Nucci v. Target – Facebook Privacy Trumped by Relevancy in Injury Case
If Facebook were a country, it would rival China as the world’s largest. As of October 2014, The Washington Post reports the number of unique users cleared 1.35 billion. It has effectively revolutionized the way we communicate. Most people are on these sites to connect with others. However, privacy settings…
Ruiz v. Victory Props – Premises Liability Claim for Child Injury
Property owners are responsible for curing or warning of dangerous conditions of which they know or should know and that may not be easily discoverable by guests. That’s the general basis for premises liability claims in Florida. In some cases, though, property owners can be held responsible for third-party acts…
ACUITY v. Johnson – Truck Crash Insurance Dispute
Insurance companies can create numerous roadblocks to a personal injury trial. In the recent trucking accident case of ACUITY v. Johnson, proceedings were prolonged while the insurer disputed its responsibility to cover damages resulting from an accident involving it’s small-scale trucking company client. The insurer did ultimately end up paying…
Quinlan v. Toyota – Florida Judge Allows Pursuit of Punitive Damages
In the event of a motor vehicle accident, there are two different kinds of damages a plaintiff may be able to collect: compensatory and punitive. Compensatory damages include economic (property damage, medical bills, lost wages and other financial losses) and non-economic (pain and suffering, loss of consortium and mental anguish).…
Semian v. Ledgemere Transp., Inc. – No Bar to Recovery for Comparative Fault
There are varying approaches taken by each state to the issue of how to handle injury claims made by plaintiffs who may have shared some portion of fault. On one extreme, there are states that will totally bar recovery if plaintiff is to any degree at-fault for the incident resulting…
Augsburger v. Homestead Mut. Ins. Co. – Dog Bite Injury Case Weighed
Dog bites and attacks in Florida cost pet owners some $7 million annually, with Lee County Animal Services reporting approximately 1,400 individuals are hospitalized annually for dog bites here alone. Some of these injuries are severe and a few even end in death. F.S. 767.04 deals with a dog owner’s…
Tougher DUI Enforcement Leads to Fewer Crashes
There tends to be a lot of grumbling when people hear about enhanced police patrols, particularly on or around holidays. The general consensus is often something along the lines of, “Why would they want to give out more tickets on Christmas?” Now, a new study supports this kind of enhanced…
Borden Dairy v. Kuhajda – Trucking Accident Injury Verdict Affirmed
This month, an increase in holiday-related travel and freight delivers will increase the risk of a truck accident. The highways are full of harried drivers who don’t have their attention on the road. Truckers are no different, especially given may of them work on tight deadlines and especially this time…