Car Accidents

Florida Lawmakers Propose Tougher Texting-While-Driving Law

December 26, 2015 | Associates and Bruce L. Scheiner

Everyone knows a texting driver is a dangerous driver. But the consequences for doing so – particularly in Florida – are weak in comparison to the penalty paid by victims. That’s why it keeps happening, and why the number of crashes nationally attributed to texting drivers is now at 340,000, according to the National Safety Council.

In an effort to combat this problem, a group of Florida lawmakers have reintroduced a measure that would empower local law enforcement to make enforcement a greater priority throughout the state. As it now stands, F.S. 316.305, known more broadly as the “Florida Ban on Texting While Driving Law,” stipulates that the violation is a secondary offense. What that means is a law enforcement officer isn’t allowed to stop a driver solely for breaking the texting law. There has to be some other valid reason for the stop, and only then can an officer issue a citation for texting-while-driving.

House Bill 537, introduced by W. Keith Perry (R), would revise this statute to make the violation a primary offense, meaning officers can stop drivers and issue citations for texting. If it passes the legislature, the measure would become effective Oct. 1, 2016 – exactly three years after the initial ban went into effect. Continue reading ›

$1.45 Million Settlement For Lacking Barriers in Fatal Crash; $9.5 Million Lawsuit Still Pending

December 20, 2015 | Associates and Bruce L. Scheiner

A commissioner for the City of Portland, Ore. has received an agreement to settle one of the pending wrongful death actions for the loss of her husband for $1.45 million. The settlement was reached with the Oregon Department Transportation following a head-on collision in September 2014 on a stretch of interstate with no cable median barriers. Another $750,000 was paid by the state to the family of the front seat passenger, who also died.

Another $9.5 million lawsuit against two other drivers is still pending.

Additionally, decedent’s widow pushed hard for legislative action that would specifically require the Department of Transportation to finish erecting median barriers on 100 miles of unprotected highway identified as prone to deadly cross-over crashes, such as the one that killed decedent. Senate Bill 921, known as the “Fritz-Fairchild Act,” was passed by both legislative bodies, signed by the governor and codified in Chapter 275 of the state’s 2015 laws. It becomes effective Jan. 1, 2016. The measure will specifically target a dangerous, unbarricaded stretch of interstate that has been neglected for years as political priorities shifted. This was despite the DOT being aware of the need for updates as far back as 1996.

These new changes will cost an additional $20 million. Continue reading ›

Yang v. Little Rock City – Death of Boy, Mother Spurs Lawsuits Alleging Poor Emergency Response

December 14, 2015 | Associates and Bruce L. Scheiner

A woman was traveling less than a mile from her home to her son’s daycare in Arkansas when her vehicle hit a patch of black ice near an intersection. She careened into a nearby pond, and immediately called 911. Frantic as she and her 5-year-old sunk deeper into the icy water, the woman waited for emergency response that would be too late for her.

It took 53 minutes from the time she placed the call until firefighters and police arrived. She was deceased when they pulled her out. Her son did survive initially, but was critically ill and suffered brain damage. He died two years later from injuries related to the crash.

His father filed two wrongful death lawsuits against the city for failed emergency response. The first case, Yang v. Little Rock City, et al., was filed in 2013 on behalf of his son. A second lawsuit with the same name, Yang v. Little Rock City of, et al., was filed this year on behalf of his wife. The lawsuits allege the long delay in the arrival of a water rescue team meant his wife and son suffered prolonged exposure to cold water, which ultimately led to their deaths. He asserts this delay was preventable, and could be attributed in large part to a single employee who was known to have serious performance issues, even before she was hired. Continue reading ›

Stensland v. Harding County – Government Liability for Poor Road Conditions

December 13, 2015 | Associates and Bruce L. Scheiner

In most car accident lawsuits, plaintiffs take action against at-fault drivers and their insurance companies. Sometimes, plaintiffs may file uninsured or underinsured motorist coverage through their own auto insurer if the at-fault driver’s coverage is inadequate.

However, the possibility that a government agency may be responsible for poor construction or maintenance of a roadway can’t be overlooked. This is especially true in single-vehicle accidents. If it can be shown the government agency owed a duty to keep the road in a reasonably safe condition, and its failure resulted in injury to someone using the road, that may be grounds for compensation.

Such cases require extensive analysis from at least one and possibly more expert witnesses and a law firm with ample resources to ensure all necessary information can be gathered in preparation. Continue reading ›

Rear-End Collision Avoidance Technology to Become Standard

December 3, 2015 | Associates and Bruce L. Scheiner

The National Highway Traffic Safety Administration has long been interested in driving down the number of rear-end collisions.

Nearly one-third of all collisions are rear-end accidents, the agency reports, and the vast majority of those are avoidable. The problem has only worsened in recent years with the proliferation of smart phones. Distraction was always a contributing factor to rear-end crashes, but now everyone has a a personal computer at their fingertips during every trip. In Florida, 1 in every 4 crashes can be attributed at least in part to some form of driver distraction.

Now, the U.S. Department of Transportation has announced that if car manufacturers want to receive a 5-Star Rating for safety, they’ll have to install automatic emergency braking systems standard by 2018. The announcement comes just weeks after 10 auto manufacturers indicated they would be doing just that voluntarily within the next several years. Continue reading ›

Tracy Morgan Truck Accident Settlement Spurs Bad Faith Insurance Claim

November 16, 2015 | Associates and Bruce L. Scheiner

Insurance companies have a responsibility to their insureds and those harmed by their insureds to timely pay fair sums for legitimate claims. When they fail to do this, they may be sued for acting in bad faith.

F.S. 624.155 allows direct legal action against insurers who violate this tenant, and a finding in favor of the plaintiff may result in compensation for triple the amount of original damages.

Usually in auto accident cases, we represent injured parties who are either seeking UM/UIM (uninsred/underinsured motorist) benefits against their own insurance companies, or have been granted rights to pursue the insurer directly after securing a judgment against a defendant insured. Continue reading ›

Florida Car Accident Victims Win $14.5 Million From Auto Insurer

November 14, 2015 | Associates and Bruce L. Scheiner

Auto insurance is required of drivers in Florida, and we trust that when we pay our premiums in full and on time, the insurance companies will do as they promise.

However there are many cases in which insurers don’t follow through on their end of the bargain. Even victims who are seriously injured often don’t receive adequate compensation until an experienced personal injury lawyer gets involved. It is the attorney who initiates negotiations that lead to just compensation, usually after the insurance company throws low-ball settlement offers or outright refuses payment. And when insurers dig in their heels and refuse a settlement, it is the lawyer who fights for the rights of the injured at trial.

In a recent case out of Miami, it took 10 years, but a former doctor and his wife may finally be receiving the insurance compensation they deserve, following a horrific crash on I-95. Continue reading ›

Uspenskaya v. Meline – Collateral Source Rule in Injury Cases

November 8, 2015 | Associates and Bruce L. Scheiner

Florida courts do not allow plaintiffs in most car accident cases to raise the issue of defendant insurance due to concern that jurors would treat insured defendants differently from those who lacked insurance.

It is in a similar vein that courts generally don’t allow defendants to mention whether plaintiff seeking compensation for medical bills had health insurance coverage. Courts don’t want jurors giving less compensation to plaintiffs who had coverage (and maybe only paid a fraction of billed costs out-of-pocket) than those who didn’t (and are therefore solely responsible for paying bills in full). This is known as the collateral source rule, and the key is that wrongdoers shouldn’t be allowed to benefit just because plaintiff received compensation from some other source. A plaintiff’s compensation from a third party doesn’t make the actions any less wrong.

However, that also doesn’t mean plaintiffs are necessarily entitled to receive double recovery. Usually, the insurance company intercedes and collects its fair share. Continue reading ›

O’Connor v. George – Misrepresentation of Evidence in Crash Case

October 8, 2015 | Associates and Bruce L. Scheiner

Evidence that is submitted for consideration of a judge or jury in a car accident case must be stipulated as a true and accurate representation, to the best of knowledge available.

When evidence is not properly represented, it deprives jurors of the opportunity to fully weigh the facts. If such an error is allowed to proceed uncorrected, it could be grounds for a mistrial or a retrial.

That’s what happened in the case of O’Connor v. George, before the Montana Supreme Court. Continue reading ›

Deadly Defect in GM Cars Leads to $900 Million Penalty, No Criminal Charges

October 3, 2015 | Associates and Bruce L. Scheiner

The General Motors ignition switch defect linked to 124 deaths and many more injuries resulted in a criminal case by the U.S. Department of Justice, which is now being settled for $900 million.

That may sound like a lot of money, but those who have lost loved, were injured or even faced felony charges for crashes they did not actually cause, say it’s of little solace. Primarily, their issue is not so much with the dollar amount, though it is 25 percent less than the $1.2 billion Toyota agreed to pay last year for the fatal flaws in its vehicles. Rather, the issue is the fact that no one with the company will face criminal charges.

In fact, the DOJ has agreed to defer prosecution of the company for three years. If the company abides by the terms of the agreement – which include an independent safety practices monitor – the company will walk away with a clean record. Continue reading ›