Car Accidents

Finkel v. Batista and Sanchez – Car Accident Lawsuit Weighed by FL 3rd DCA

October 25, 2016 | Associates and Bruce L. Scheiner

Proving fault in a car accident is not enough to prove one is entitled to monetary compensation. One must also prove causation. This means the person injured has to show that it was defendant’s breach of duty that caused plaintiff’s injury, and not some other intervening action or inaction.

In the recent case of Finkel v. Batista and Sanchez, the issue was whether trial court erred in granting a new trial after defendant was found 100 percent liable for a car accident, yet plaintiff was awarded $0 in damages. The court was basing its decision on the precedent set in the 1997 case of Sparks-Book v. Sports Authority, Inc., wherein the Third District Court of Appeals decided as a general rule that plaintiffs should at least be able to recover medical expenses for diagnostic testing reasonably necessary to determine whether an accident caused injury.

However, the 3rd DCA, in weighing Finkel, reversed, noting there are exceptions to the general rule and there was sufficient evidence to support the verdict of the jury. Further, plaintiff might have valid grounds to assert a new trial on the basis of a verdict form that indicated the jury should return a verdict that was “all-or-nothing.” The problem was, plaintiff’s counsel never objected to that verdict form, and thus she lost the right to fight it on appeal. Continue reading ›

Fatal Car Accidents In Lee County Now Total 75 in 2016

October 1, 2016 | Associates and Bruce L. Scheiner

A Florida Gulf Coast University student was killed recently in a Fort Myers car accident, making him the 75th person to die on Lee County roads in 2016. The 20-year-old student was killed on Michael G. Rippe Parkway, near the intersection of Briarcliff Road, shortly before noon when his passenger vehicle was rear-ended by a dump truck, according to the Florida Highway Patrol.

WINK News reported the victim, Ryan Wendler, had been an Eagle Scout who worked at Moe’s Southwest Grill while earning his degree in sociology at FGCU. He had recently started volunteering at a local soup kitchen and Meals on Wheels. Authorities say he was stopped at a red light when he was struck by the truck, driven by a 75-year-old man from Cape Coral. Investigators are exploring whether speed might have been a factor, and charges may be filed depending on the outcome of that investigation. It’s not clear which company owned the dump truck, but it should be noted that companies can face vicarious liability for the negligence of an employee who was either working at the time of a crash or driving a company vehicle off-the-clock.

The 74th traffic fatality in Lee County happened just a couple of days earlier, when a Punta Gorda man reportedly suffered a medical event before losing control of his vehicle while traveling northbound on I-75 just north of Daniels. The News-Press reported the vehicle, a Cadillac DeVille, drifted off the shoulder, through a wire fence and then slammed into a sound barrier wall and numerous trees. The driver of that vehicle died after he was transported to Gulf Coast Hospital Medical Center, though it isn’t clear if that was the result of the underlying medical condition or due to injuries sustained in the wreck. Continue reading ›

NHTSA: Unsafe Cars Cost Lives in Florida

September 29, 2016 | Associates and Bruce L. Scheiner

Recently, the National Highway Traffic Safety Administration sought to heighten awareness of unsafe vehicles and vehicle components and the devastating toll it takes on our roadways. The agency’s “Safe Cars Save Lives” bus tour involved a large bus making its way across the country – including to South Florida in Tampa and Miami – to inform motorists and others about the potential for danger when driving a vehicle that’s either been recalled or is not properly maintained.

Key points of the campaign include:

Understanding and following vehicle recalls;
Tire maintenance and safety;
Child safety seats;
Heatstroke in vehicles (particularly involving infants and children).

The agency focused its efforts on Florida, Texas, Alabama and Louisiana because these are the states where motorists face the most danger. The heat in the South makes our motorists and children especially vulnerable to some issues. For example, while heatstroke is definitely an issue in northern states during the summer, South Florida residents have to be aware of this risk for most of the year. On top of that, vehicle recalls related to exploding Takata airbags have been tied to exposure to heat. Same thing with the life of tires. That means places like South Florida are especially vulnerable. Continue reading ›

Holiday Motor Corp. v. Walters – Product Liability in Convertible Rollover

September 25, 2016 | Associates and Bruce L. Scheiner

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 to a vehicle that would provide protection to occupants in the event of a rollover crash.

This was a major decision, particularly given that, with interest, the actual payout in this case would have been well over $30 million.

The injury lawsuit stemmed from a single vehicle accident that occurred when the 26-year-old driver swerved to avoid an object on a dark roadway. The object reportedly flew off the back of a truck ahead of her. She took the risk of swerving because there was no oncoming traffic on the two-lane road. This led her up a slight grassy incline. Her convertible rolled, landing upside down, with the driver’s side up against a tree. The convertible top was up, but the force of impact caused the windshield to separate from the roof. When it collapsed inward, her head was forced down so severely it caused a condition known as hyperflexion. Continue reading ›

Vicarious Liability of Vehicle Owner May Be Asserted in Florida Car Accident Lawsuit

September 15, 2016 | Associates and Bruce L. Scheiner

Headlines recently centered on a pregnant reality television personality who is being sued in connection with a car accident – despite the fact that she was nowhere near the scene when it happened.

Blac Chyna has been named in a personal injury lawsuit that seeks damages for medical expenses, lost wage and pain and suffering. The makeup artist and fiancee of Rob Kardashian reportedly allowed a friend to drive her BMW last November. That friend was later accused of felony hit-and-run when she allegedly ran a stop sign and struck plaintiff’s sport utility vehicle, causing injury to herself and a passenger.

Now, plaintiff alleges the owner of the vehicle should be liable for negligent entrustment, which is that defendant knew or should have known the person to whom she loaned her vehicle was a poor driver but allowed her to drive the car anyway. Continue reading ›

CDC: U.S. Must Do Better to Reduce Motor Vehicle Deaths

September 8, 2016 | Associates and Bruce L. Scheiner

In its most recent CDC Vital Signs update, the U.S. Center for Disease Control and Prevention reports that while the reduction of motor vehicle deaths over the last 50 years was one of the greatest public health achievements of the 20th Century, we’ve still got a long way to go.

Each year, more than 32,000 people are killed and another 2 million are injured in traffic collisions in this country, and as of 2013, the fatality rate in motor vehicle accidents was double that of other higher-earning nations. Part of it is that we have a lower front seat belt usage rate than other countries, and still 1 in 3 of all our deadly crashes involves a driver who has been drinking. One-third also involve speeding.

The Vital Signs report was about highlighting some of these achievements, and underscoring what needs to be done to further drive down the numbers, which have hovered around this 30,000 mark for years now. If the U.S. was on par with 19 of the other high-income nations in terms of motor vehicle deaths, we’d be saving 18,000 lives every single year, bringing our annual total down to about 14,000 motor vehicle deaths yearly. Continue reading ›

Gearhart v. Mutual of Enumclaw Ins. – Auto Insurance Anti-Stacking Language Ambiguous

August 11, 2016 | Associates and Bruce L. Scheiner

The two parents may have been divorced, but they both loved their teenage son and wanted to make sure he was adequately covered in the event of an auto accident. That’s why they each had an auto insurance policy – albeit from the same company – that named him as an insured in the event of a car accident with an uninsured/ underinsured motorist.

Tragically, that’s just what happened. The teen was a passenger in a vehicle driven by another young friend, who lost control of her brother’s vehicle and crashed. He sustained severe, disabling and permanent injuries.

Seeking to ensure their son’s needs would be taken care of, his parents first pursued coverage from the at-fault driver’s insurer. The car was covered by its owner’s insurance, but that only offered $25,000. That was a drop in the bucket compared to what he’d need. Still, the at-fault driver’s insurer agreed to pay the policy limits. That left the injured teen’s parents to seek compensation from each of their underinsured motorist policies. It wasn’t disputed the teen’s damages well exceeded $600,000 – the total sum of both policies together. But the question in Gearhart v. Mutual of Enumclaw Ins. was whether anti-stacking provisions in each of those policies meant the plaintiff’s were only entitled to a total of $300,000 in protection – the value of just one of those policies – or whether the anti-stacking language was invalid and they were entitled to the full $600,000 sum. Continue reading ›

State Farm Mut. Auto. Ins. Co. v. Jakubowicz – Underinsured Motorist Claim Validated

July 30, 2016 | Associates and Bruce L. Scheiner

Underinsured motorist benefits are one of the most important types of coverage any Floridian can purchase. That’s because it will ensure adequate coverage in the event you are injured in an accident with a driver who lacks enough insurance to fully cover your damages.

Most UIM policies, however, will require that you first exhaust the coverage limits of the underinsured motorist before filing a claim for UIM benefits through your own insurer.

This isn’t unusual. However, where one auto insurer in the case of State Farm Mut. Auto. Ins. Co. v. Jakubowicz ran into trouble was in setting further limits and conditions that rendered its policy ambiguous. This matter was recently before the Indiana Supreme Court, which ruled that because the policy was ambiguous, it would be construed in favor of the insured. Continue reading ›

Lucca v. GEICO – Judge Grants Motion to Exclude Policy Limits

July 20, 2016 | Associates and Bruce L. Scheiner

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 after he was involved in a car accident caused by the negligence of another driver.

At-fault driver had a $100,000 bodily injury policy. However, plaintiff alleged this was insufficient to cover all his damages. His car at the time was insured by defendant GEICO. Continue reading ›

Etherton v. Owners Insurance Co. – Bad Faith Insurance After Car Accident

July 17, 2016 | Associates and Bruce L. Scheiner

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 the amount they will compensate you.

Bad faith insurance action – when an insurance company fails to deal with a customer in good faith – the penalties may be quite severe. If a judge or jury holds an insurer liable for bad faith action, the insured may be paid triple the original damages. This is intended to deter such action in the first place.

Many actions can be categorized as “bad faith,” but we generally see it manifest in car accident claims through claims that are swiftly denied or wrongly delayed or in low-ball settlement offers that are far below what the claim is actually worth. Continue reading ›