Car Accidents

$3M Defective Vehicle Product Liability Verdict Reversed

February 28, 2017 | Associates and Bruce L. Scheiner

A federal appeals court reversed a $3 million judgment in favor of a personal injury plaintiff who alleged a defective vehicle caused him to suffer serious injuries in a 2012 car accident. The court ruled that expert witness testimony pertaining to the speed control cable should not have been admitted. Specifically, the appellate court ruled, the precedent set in the 1993 case of Daubert v. Merrell Dow Pharmaceuticals meant the trial court had a duty to perform certain gatekeeping functions with regard to its expert witnesses, and yet the court failed to do so.

According to court records from the U.S. Court of Appeals for the Fourth Circuit in the most recent case, plaintiff was driving his pickup truck, which he had recently purchased, on a road in West Virginia. He was traveling about 50 mph when he realized he was unable to slow down when he let up on the accelerator pedal. He tried to slow the pickup by applying the brakes, but this did not work. In order to avoid hitting anyone else, he turned the truck off the road, drove over a curb and crashed his vehicle into a brick wall of a local business. The tires continued spinning for about half a minute after the engine shut down.

There was no indication the vehicle previously had problems with the accelerator, throttle or cruise control. Continue reading ›

Permissive User Status in Auto Insurance Liability

February 26, 2017 | Associates and Bruce L. Scheiner

The question of whether a person is a permissive user of a motor vehicle under a standard auto insurance policy can be an important one in determining whether indemnity and coverage will be provided.

This is usually of great interest to both parties in an injury lawsuit. The defendant wants to make sure they are going to have their legal expenses covered and not be personally liable for any damages awarded at trial, while plaintiff wants to make sure they have the best shot at actually recovering damages if they win. Most people do not have the personal wealth to cover these kinds of verdicts, so it’s usually in everyone’s best interest if the insurer provides coverage.

Different states have taken different approaches to whether permission is given. There is express permission, in which a person just before that trip hands over the keys and says, “Here, use my car.” There are variations of this ranging from the initial permission rule (permission is initially given and coverage continues even though the user deviates from the original terms of use), minor deviation rule (user deviates to a small extent from the original terms of use) and conversion rule (vehicle has to be used in the scope of permission granted). Continue reading ›

Florida Given “Red Light” by Highway Safety Advocates

February 17, 2017 | Associates and Bruce L. Scheiner

Florida received one of the worst rankings for gaps in highway safety laws, which are costing lives on our roads every day. The ranking was issued by Advocates for Highway Auto Safety in its most recent report, 2017 Roadmap of State Highway Safety Laws. The 58-page report begins by detailing the fact that we’ve had two consecutive years nationally of rising death rates on our roads. In 2015, there were nearly 35,100 people killed in motor vehicle accidents, an 8 percent increase over the previous year. That’s a bigger increase than we’ve seen in almost 50 years, and Florida has followed similar trends.

The Florida Department of Transportation reported in 2015 that there were 374,350 total crashes that year, an increase of almost 9 percent from the previous year. As far as fatal crashes, there were 2,700 in 2015, which was an increase of 15.5 percent from the year before. There were an average of 1,025 crashes every day in the Sunshine State in 2015, versus 943 the previous year.

One of the main reasons, according to Roadmap researchers, has to do with the fact that states are failing to enact – or maintain – the kinds of legislation that we know can help save lives. Florida in particular is failing on this front. Continue reading ›

Report: Uptick in Traffic Deaths Outpaces Travel Increases

February 17, 2017 | Associates and Bruce L. Scheiner

When word spread that traffic deaths had increased 8 percent in the first nine months of 2016, continuing an alarming surge in roadway fatalities, one of the many explanations offered by traffic safety experts was that there were more people on the roads. However, as The Associated Press pointed out, this is only half the story.

The National Highway Traffic Safety Administration did note that drivers are logging more miles on the road these days than ever before. However, that doesn’t really give us the full picture because the increase in car accident deaths is actually rising faster than our collective increases in mileage. While crash deaths are up 8 percent, vehicle miles traveled only rose 3 percent during that time frame, according to the NHTSA.

In the first three quarters of 2016, there were nearly 27,900 traffic deaths nationally. That’s compared to the 25,800 recorded during the first eight months of 2015. Continue reading ›

Gilliam v. Immel – Proof of Damages Key in Injury Lawsuits

January 31, 2017 | Associates and Bruce L. Scheiner

The first question that often arises in injury litigation is whether the defendant was negligent in causing plaintiff’s injuries. But the second – and equally important – element is damages. That is, to what extent did plaintiff suffer? How can that suffering be quantified?

Our Fort Myers injury lawyers do this with a number of approaches, depending on the individual circumstances. It could include production of medical bills. It could include testimony of expert witnesses, such as orthopedic surgeons. It will mean looking at how the plaintiff’s ability to earn money and make a living has been impacted, both in the past and in the future. It could mean delving into the effect the incident has had on plaintiff’s personal relationships and overall quality of life. The question of damages cannot be overlooked.

Unfortunately, it’s not always as easy to prove as it may seem. In the recent case of Gilliam v. Immel, the Virginia Supreme Court affirmed a ruling in which plaintiff proved that defendant was liable for the crash, but failed to show her injuries should compel him to pay damages. Continue reading ›

Entila v. Cook – Workers’ Compensation and Claim Against Co-Worker

January 27, 2017 | Associates and Bruce L. Scheiner

Typically when someone is injured at work, the exclusive remedy they will have from their employer is workers’ compensation. This is true even if it was the wrongdoing of the company or the co-worker who caused the accident that resulted in serious injury.

There are some very narrow exceptions in which the law will allow workers to go outside these bounds and seek additional compensation from these parties. One of those involves some type of intentional harm or actions that the company knew would likely cause the worker to be injured. This is often very difficult to prove. However, a case out of Washington State recently carves out another interesting exception. It won’t apply to every case in which a co-worker is negligent in causing a work-related injury, but it may be worth considering when weighing whether to take legal action.

The case is Entila v. Cook, and it was decided recently by the Washington Supreme Court. This was a case where plaintiff was on his way in to work, crossing an access road on company property, when he was struck by a car driven by a co-worker and seriously injured. The injured worker was able to obtain workers’ compensation benefits. Normally, this would mean his co-worker would be immune from any liability. However, plaintiff alleged his co-worker was not immune from a third-party liability claim because the co-worker was not acting in the course and scope of employment at the time of the crash. Continue reading ›

Report: Lee County Traffic Deaths Soar More Than 10 Percent in 2016

January 13, 2017 | Associates and Bruce L. Scheiner

The number of traffic deaths in Lee County soared higher than at any point in a decade – and more than 10 percent in just a single year.

That’s according to the latest report from The New-Press, which as of Jan. 1st still only had numbers through early December 2016. There were more than 100 deaths by that time, which is the first time they went over that mark since 2007. And actually, the early 2016 figure was slightly higher – 109 compared to the 106 counted in 2007. There were 121 in 2006 and 150 in 2005. But the numbers had been steady falling the last ten years. The number of Lee County roadway deaths dipped to the lowest point in 2012, when there were 64 who lost their lives on our roadways.

These figures fail to take into account the hundreds of more people who were seriously injured – sometimes permanently – as a result of careless drivers in Southwest Florida. Statewide, the news agency reported there were 3,161 traffic deaths as of Dec. 30th. That marked an increase of 222 over the previous year – and didn’t include figures from the notoriously perilous New Year’s Eve. Continue reading ›

NHTSA Proposes Rules for Vehicle-to-Vehicle Communication

January 12, 2017 | Associates and Bruce L. Scheiner

The majority of Fort Myers car accidents are the direct result of human error. Someone wasn’t paying attention. Someone was too sleepy. Someone was speeding or drunk or misjudged how much time they had before a light. Now, the National Highway Traffic Safety Administration (NHTSA) is looking to improve safety by mandating in-vehicle technology systems that will allow vehicles to communicate directly with other vehicles and certain infrastructure to counteract the danger caused by human mistakes.

It’s called vehicle-to-vehicle (V2V) communication (also sometimes referred to as Connected Vehicle Technology), and the goal would be to require cars, trucks, buses and trains to communicate key safety and mobility information with each other. Creators say it could prevent serious and fatal crashes, reduce congestion and delays and help lower the carbon footprint of the millions of vehicles in motion in the U.S. every day. Considering that car accidents are the No. 1 cause of death for people ages 4 and 11 through 27 (according to the Centers for Disease Control and Prevention), this is feature that has the ability to make a huge impact on people’s lives.

Last month, the agency proposed a rule that would require V2V communication on all new light vehicles, allowing them to “talk” to each other and help drive down the number of serious crashes. The agency, in explaining how V2V works, noted that connected vehicles may well transform the way Americans travel. The systems would be connected via short-range communications technology, similar to WiFi. It would be fast, secure and reliable. In addition to vehicles, infrastructure like traffic lights, toll booths and school and work zones would be able to tap into this network to communicate information. Essentially, it will give drivers a 360-degree awareness of what’s happening in situations they can’t possibly see with their own eyes at any given moment. Continue reading ›

USDOT Aims to Curb Cell Phone Distractions for Drivers

January 11, 2017 | Associates and Bruce L. Scheiner

With the goal of reducing the serious risk posed by distracted drivers toying with their cell phones, the U.S. Department of Transportation’s National Highway Traffic Safety Administration has proposed voluntary guidelines to manufacturers of phones and software. One of the key measurements involves a the creation of a “Driver Mode,” akin to the “Airplane Mode,” which shuts off wireless communication that might interfere with modern aircraft systems. In the same way, this “driver mode” would block or modify certain cell phone apps so that a motorist’s attention could stay on the road.

These voluntary guidelines were introduced amid news that traffic deaths over the last two years have increased sharply. Yes, part of that is due to falling gas prices and an improved economy, which has more people on the road. However, cell phone distraction is believed to be a substantial part of the problem. If drivers can’t be trusted to put the phones down on their own, then technology companies may need to step in and do it for them – not just for their own sake, but for the safety of those with whom they share the road.

The guidelines call on manufacturers of electronics, such as Samsung and Apple, to alter future operating systems in a way that curtails functionality and simplifies interfaces while the device is inside a vehicle that is moving. There are also requests to develop technology that would be able to determine when devices are being used by a motorist who is driving, while still allowing others who are in the vehicle full access to those features. Continue reading ›

Report: Lee County Fatal Crash Count Topped 100 in 2016

January 9, 2017 | Associates and Bruce L. Scheiner

The number of traffic fatalities in Lee County topped 100 for the first time since 2007, according to a report late last month from The News-Press. As of the third week of December, there were 102 traffic fatalities in 2016 – more than it’s been in a decade. That figure does not account for the fatalities that occurred the last week of December, including over the Christmas and New Year’s Eve holidays.

These figures mirror those we saw more than 10 years ago when the region saw explosive population growth. In 2007, there were 106. In 2006, there were 121. The number of traffic deaths peaked in 2005 with 150. In more recent years, the number of Lee County traffic deaths didn’t surpass 100. Now, it seems that is changing, which is in line with the increases reported by the National Highway Traffic Safety Administration (NHTSA). The agency reports there was a 7.2 percent increase in traffic deaths in 2015 – resulting in 2,348 additional lives lost that year. Early figures from 2016 suggest a further upward trend.

The more than 100 traffic fatalities in Lee County last year included cars, trucks, school buses, bicycles, pedestrians and motorcycles. In one instance, a child wasn’t properly buckled in. In another case, a young man was waiting at a red light on his way home from school. Numerous drivers weren’t paying attention. Others were impaired by drugs and/or alcohol. Continue reading ›