People might assume that a vehicle legally owned by a multi-million dollar corporation is adequately insured. But when it comes to rental cars, they may find themselves disappointed. Approximately 1 in 4 drivers in Florida has no insurance, despite law that requires it. Florida’s vicarious liability laws consider motor vehicles…
Articles Posted in car accident lawyer
Minnegren v. Nozar – Proving Breach of Duty of Care in Crash Case
One would assume that proving someone caused a crash would be sufficient to establish liability to compel them to pay for it. As the case of Minnegren v. Nozar shows, though, that’s not always true. The driver in this case admitted his error in judgment resulted in a crash that caused plaintiff’s…
$3M Wrongful Death Lawsuit Judgment Upheld Against State DOT in NC
The North Carolina Department of Transportation is still liable to pay $3 million for the deaths of three people on a state roadway where a traffic signal was promised but never installed. That was the ruling handed down recently by the North Carolina Supreme Court in Holt v. N.C. DOT.…
Holiday Motor Corp. v. Walters – Product Liability in Convertible Rollover
The Virginia Supreme Court reversed a $20 million product liability verdict favoring a woman seriously injured when her Mazda convertible rolled over. Justices ruled trial court abused discretion in allowing plaintiff’s expert witness to testify, and further, defendant manufacturer had no legally recognized duty to design or supply a soft top…
Lucca v. GEICO – Judge Grants Motion to Exclude Policy Limits
The U.S. District Court in the Eastern District of Pennsylvania has ruled that the $900,000 limit and the amount of premiums paid for an underinsured motorist policy is irrelevant to a claim for benefits and breach of contract. As such, that evidence was excluded from trial. In Lucca v. GEICO, plaintiff suffered injuries…
Etherton v. Owners Insurance Co. – Bad Faith Insurance After Car Accident
Auto insurance companies make lots of promises. They vow to be “on your side” and “like a good neighbor.” The truth of the matter is, when it comes time to pay a claim, they will do anything in their power NOT to pay it – or at least to minimize…
Allen v. Montalvan – Florida Car Accident Settlements Involving Minors
Motor vehicle accidents are known to be the No. 1 killer of children in the U.S. under the age of 14. The National Highway Traffic Safety Administration (NHTSA) estimates every year that more than 1,100 children are killed and 167,000 are injured in traffic crashes. So it makes sense that a…
Alligator Alley Guardrails Criticized
Guardrails are intended to keep motorists and passengers safe from careening into embankments, bridge parapets, signs, lights, signal supports, boulders, utility poles, drainage ditches, trees or bodies of water more than two feet deep. Generally, they do a good job. Cable guardrails, also sometimes referred to as cable barriers, installed…
Wrongful Death in Motor Coach Crash
Motor coach accidents are an area of concern for traffic safety experts and the public nationwide. In recent years, there have been a number of horrific motor coach and charter bus crashes, which have led to calls for greater regulatory action. Just this year in California, two women, ages 51…
Hampton v. County of San Diego – Overcoming Design Immunity in Accident Lawsuits
Collecting compensation for injuries sustained due to faulty highway design or construction is difficult in Florida, and it was made tougher by a law passed in 2005, codified in F.S. 337.195, limits on liability. The statute serves to limit liability for road designers, consultants and contractors and it does so…