Car Accidents

Brewer v. State Farm Mutual Auto Ins. Co. – “Excessive” Punitive Damages

May 20, 2016 | Associates and Bruce L. Scheiner

Punitive damages can be awarded in Florida personal injury and wrongful death lawsuits in which a defendant acted with gross negligence or intentional misconduct. The definitions of these terms are set forth in F.S. 768.72.

But while punitive damages may substantially increase the amount of a certain damage award, the Fourteenth Amendment blocks these awards from being “grossly excessive.” But what does that mean? There is no dollar figure that establishes what is “grossly excessive,” which means the courts have to interpret legislative intent and rely on prior case law.

One Florida injury case where this became necessary was State Farm Mutual Auto Insurance Company v. Brewer, recently before the Florida’s Second District Court of Appeals. In this case, defendant and his insurer sought review of a final judgment entered in favor of plaintiffs in an injury case arising out of an automobile accident. The court affirmed judgment in favor of plaintiffs as well as the compensatory damages awarded. However, with regard to punitive damages, the court ruled the award was excessive to the point of being unconstitutional. For this reason, the court reversed and remanded for further proceedings. Continue reading ›

Limousine Service Sued for Crash Injury

May 13, 2016 | Associates and Bruce L. Scheiner

Prom and graduation season is upon us, which means many high school students will be donning tuxedos and gowns and heading out for a final bash.

Parents concerned about the possibility of drunk driving may splurge on a limousine service for their kids, just to be certain teens won’t be tempted to drive while impaired. But limousine services can sometimes be negligent too. When a limousine accident results in injury, our experienced auto accident lawyers can help.

In a recent case out of Illinois, a limousine service carrier is the target of at least one lawsuit and a federal regulator shut-down following a fatal crash in March. Continue reading ›

Study: Distracted Driving a Big and Growing Problem in South Florida

April 27, 2016 | Associates and Bruce L. Scheiner

A new study analyzing the prevalence of distracted driving captured video of several thousand motorists moving along a South Florida highway. In just 20 minutes, study authors found:

150 drivers talking on the phone;
17 drivers texting;
12 drivers eating;
6 drivers distracted by some other form (i.e., reading, applying makeup, staring at the mirror, looking in the backseat, etc.)

What that tells us is that of the 2,000 cars that went by, 9 percent of drivers were preoccupied with some task other than driving. That’s probably a low number because it only counts those distractions that are actually observable. Distractions such as listening to the radio or having an involved conversation with a passenger are not immediately observable from the outside. Again – this was on a highway, where speeds easily exceed 70 mph. Bear in mind that when you take your eyes off the road to send a text while traveling at 55 mph, you travel the length of a football field without looking. Continue reading ›

Universal Underwriters Ins. Co. v. Winton – Garage Liability Insurance for Auto Dealerships

April 24, 2016 | Associates and Bruce L. Scheiner

A night of fun in Oklahoma turned tragic when a 48-year-old driver caused a motor vehicle accident that killed five people – including herself – and severely injured two others. Aside from the driver, those killed were between the ages of 18 and 23. The two injured were 17 and 22.

The families of two decedents (one of whom was a young mother) and two survivors sought compensation from the estate of decedent. But she only had a bodily injury liability coverage of $50,000 – hardly enough to compensate even one of the victims for their losses. Indeed, the estate settled the cases for $3 million per each survivor and $5 million for each family whose loved one died. The problem was who would pay those amounts. Decedent’s insurance was only $50,000 – and that was paid.

The approved settlement indicated collection of damages would be limited to applicable insurance policies. Soon after the settlement was approved, three insurance carriers sued the victims for a declaratory judgment that would assert they were not liable to pay the insurance settlement. In the case of Universal Underwriters Ins. Co. v. Winton, plaintiffs argued either that one of the insurers was liable under garage and umbrella policies because the dealership still owned the vehicle, or alternatively that another dealership still owned the car and therefore a different two insurance policies covered the accident. Continue reading ›

Perry v. Asphalt & Concrete Servs. – Insurer Info in Injury Litigation

April 15, 2016 | Associates and Bruce L. Scheiner

You may have wondered why in injury litigation, we refrain from naming the insurer in the initial action. This is why, for example, you will see spouses suing each other for crash-related injuries, rather than suing the insurance company – even if that’s ultimately the goal.

The reason has to do with the fact that courts have found that the presence or lack of an insurance policy can be prejudicial in a civil case. The thinking is that if a jury is aware that a defendant has ample insurance, they may be more likely to award much higher damages to the victim than they would if they knew the defendant has no insurance and would be personally liable to pay damages.

The courts take this matter extremely serious, which is why the Court of of Appeals of Maryland (the highest court in that state) recently affirmed a reversal of a truck injury verdict and remanded the case for a new trial for a violation of this standard. The court noted that lack of insurance coverage is irrelevant and inadmissible in a lawsuit alleging negligent hiring where the evidence doesn’t establish the proximate cause of plaintiff’s injuries. Continue reading ›

Rish v. Simao – Low-Impact Defense in Car Accident Lawsuit

March 18, 2016 | Associates and Bruce L. Scheiner

In some Fort Myers car accident lawsuits, defendants will allege injuries or damages incurred by plaintiff were not as serious as he or she has stated because the crash was low-impact.

However, just because a crash happened at a relatively low speed does not mean serious injury is an impossibility. Consider that:

A typical automobile weighs about 2,000 pounds;
A collision at 10 miles-per-hour is going to result in an average impact force of 3.7 tons;
A 3,000-pound vehicle striking at 10 mph is going to result in a force of impact of about 5.6 tons.

The force of impact to one’s back and neck is significant. Plus, when a person is involved in a rear-end accident, it’ s important to understand a physics principle known as “magnification of acceleration.” What that means is the occupants of a vehicle are going to accelerate a lot faster than the car that is impacted, which means they are going to absorb much more of the force. So even a low-impact crash can result in substantial injuries. Continue reading ›

PJ Scheiner Speaks at 2016 Anatomy of a Personal Injury Lawsuit Seminar

March 15, 2016 | Associates and Bruce L. Scheiner

Preston J. Scheiner, a trial attorney at Bruce L. Scheiner, Attorneys for the Injured, recently spoke at the national Anatomy of a Personal Injury Lawsuit Seminar in Scottsdale, Arizona.

The conference, held last month, was a feature event to highlight one of the best new personal injury lawyer resources available, “Anatomy of Personal Injury Lawsuit (Trial Guides 2015).” The book, published by the American Association for Justice, contains contributions from 60 of the most well-respected injury lawyers in the country. Preston Scheiner was among them.

The 4th edition of the book offered detailed advice, arguments, charts, illustrations, practice tips and examples to assist other personal injury attorneys across the country. It offers a step-by-step navigation of how personal injury claims should traverse the legal system. It is an honor to share this information to assist other injury attorneys in the fight against injustice and for the rightful compensation of those harmed by the carelessness and recklessness of others.

Preston Scheiner’s contribution focused on, “Damages: Wage Loss-Related Damages.” Continue reading ›

Side Airbags Dangerous in Nissan Truck, Lawsuit Alleges

March 14, 2016 | Associates and Bruce L. Scheiner

A proposed class action lawsuit alleges side airbags in the Nissan Frontier pickup truck deploy without cause, posing an unreasonable risk of accidents and injuries.

According to court records in Brantley v. Nissan North America Inc. et al., the carmaker is accused of having knowledge of this defect, and yet concealing it and also refusing to pay for repairs and damages to those affected.

The side airbags in question were reportedly designed for 2011-2012 model years. The purpose of the feature is to protect passengers in the event of a rollover or near rollover. Plaintiff alleges the company failed to warn motorists of just how sensitive these air bags can be. Complaint also claims the seat belt pretensioner igniters – the feature that tightens the slack on a safety belt in the event of an accident – is far too sensitive. Continue reading ›

Fridman v. Safeco Ins. Co. of Ill. – Insurance Bad Faith

March 12, 2016 | Associates and Bruce L. Scheiner

Despite slogans that promise to be “on your side,” “like a good neighbor” and to keep you “in good hands,” auto insurance companies do not have your best interests at heart. Time and again, we see examples of insurance companies doing everything in their power to low-ball customers or outright deny legitimate claims.

They hope you’ll eventually give up and take less than what you’re owed. At Associates and Bruce L. Scheiner, Attorneys for the Injured, we make it our top priority to make sure that doesn’t happen.

When an insurer is playing hard ball, one avenue of recourse is a bad faith claim. Insurance companies owe a duty to consumers to act in good faith toward their insureds. That means if they delay, discount or deny payment without just cause, they may be required by courts to pay triple damages. Continue reading ›

Wrongful Death in Motor Coach Crash

March 8, 2016 | Associates and Bruce L. Scheiner

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 and 76, were killed in San Jose when a Greyhound bus flipped on its side during a rainy morning commute. The women were thrown from the windows of the bus. The 58-year-old driver was reportedly “fatigued” prior to the crash. And late last year in Virginia, dozens of college students were hospitalized after a charter bus overturned when transported students back to campus. The operator was later charged with reckless driving for taking the ramp too quickly.

The Federal Motor Carrier Safety Administration (FMCSA) is the agency in charge of regulating motor carriers. That includes identifying those that may be unsafe and taking corrective action. But what if the regulators don’t act fast enough to stop a dangerous carrier? Can you sue the federal government? Continue reading ›