When examining liability for a South Florida car accident, our injury lawyers in Cape Coral will of course first examine the negligence of the other. We’ll examine the potential vicarious liability claims of the vehicle owner, the driver’s employer and the motor carrier (if applicable). We may even look closely…
Articles Posted in car accident lawyer
Restitution Can Provide Additional Compensation for Crash Victims
When someone’s negligence causes injury to another, victims can pursue compensation. Negligence is generally understood as the failure to use reasonable care when one was required to do so. In some cases, injury to another is the result of a criminal act. On the road, some criminal acts also amount…
Victim’s Auto Insurer Pays Liability Damages to Parents of Joyriding Teens Killed in Crash
Most car accident auto insurance settlements are handled quietly and often rather quickly. Those involving the death may take longer, but even then, it often doesn’t generate headlines. A recent case out of South Florida was different for the fact that an auto liability insurer, while conceding all the evidence…
Establishing Vicarious Liability for Crash on Theory of Respondeat Superior
Most car accident lawsuits are a simple matter of proving negligence, shown by establishing: Duty owed to plaintiff (i.e., duty to other motorists to obey laws and act in a reasonably prudent manner); Breach of duty (carelessness or violation of law); Causation (breach of duty caused the accident); Damages (plaintiff…
Determining the Number of Accidents in an Injury Case
Most auto insurance policies impose per-person or per-accident limitations. This is typically a pretty straightforward issue. However, a dispute about how many “accidents” occurred can leave a big question mark as to how much claimants are entitled to receive. In a recent bicycle accident injury case before the Wyoming Supreme…
Court: Bankruptcy Of Negligent Driver Doesn’t Absolve UIM Insurer of Liability
The bankruptcy of a negligent driver who caused injury to a husband and wife may prevent plaintiffs from actually seeking damages against the defendant, but it doesn’t shield the auto insurer from having to pay out. That was the ruling of the Alabama Supreme Court in a recent case involving…
Florida Pedestrian Accident Kills 3-Year-Old Girl
A 3-year-old girl was recently killed in a South Florida pedestrian accident while walking with her mother as they returned from dropping her older brother off at the bus stop. According to The Press Republican, the girl, her mother and a neighbor were walking at the intersection of Hampton Meadow…
GEICO Liable to Cover Wrongful Death Damages After Insured Absconded, 3rd DCA Rules
A recent decision by Florida’s Third District Court of Appeals upholds the liability of auto insurance company GEICO in covering damages awarded to plaintiffs who won a $15 million verdict against GEICO’s insured. The case is a tragic and complicated one, and despite the commonality of Florida auto accident claims,…
Venus Williams’ Florida Car Accident: The Tricky Business of Determining Fault
Initial investigation of a fatal South Florida car accident involving tennis star Venus Williams resulted in law enforcement’s conclusion that Williams was at-fault. However, new video evidence – specifically, surveillance footage obtained form a nearby community just south of the Palm Beach Gardens intersection where the crash occurred – led…
Analysis: Florida Highways Among Most Deadly in the U.S.
“Steer clear of the state of Florida,” the lead sentence of a recent Forbes.com article reads. The reason? Our traffic safety is atrocious, particularly on South Florida highways. Of those that had the most car accident fatalities in the last decade: Florida U.S. 1 – 1,079 deaths Florida U.S. 41…