Articles Posted in Car Accidents

Following an auto accident, it’s common practice for drivers to file a claim with an insurance company to cover the cost of repairs. After all, that’s why we have insurance.

But insurance companies are always looking for ways to cut costs, and for a long time, one way they have done that is by demanding auto repair shops use after-market or recycled parts – rather than replacements from the manufacturer – to make repairs. This in turn makes the insurance claim less costly.

But now, in a federal lawsuit filed in the U.S. District Court for the Middle District of Florida, Orlando Division, hundreds of auto repair shops in 36 states are suing dozens of automobile insurers (including Progressive, Geico and State Farm) alleging that all too often, these cheaper parts are substandard – and that means consumers are put at risk of serious injury if those parts fail.
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Drivers who want the thrill of getting behind a luxury car or revving the engine on a high-powered vehicle have the option of patronizing one of 50 race tracks located throughout the state – including one in Naples and another in Immokolee.

But these experiences are not without risk, as a recent incident at the Walt Disney World speedway revealed when a novice driver paid for the chance to take the wheel of a Lamborghini to celebrate his 24th birthday. A professional driver was seated next to him.

According to news reports and for reasons that aren’t clear, luxury vehicles on the track traveled the opposite direction from which the track was designed. Actual race cars went in the correct direction (though not at the same time as the luxury cars). Although we don’t yet know how or why this practice started, it’s been called into question since that 24-year-old driver lost control of that Lamborghini before slamming into a guardrail that impaled the vehicle and killed the instructor.
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Florida is a prime destination for people from all over the world at all times of the year. In addition to warm sandy beaches and popular theme parks, there are countless music festivals and concerts, art shows, cruise line departures, resorts, boating, water sports, diving, race tracks, casinos, golf courses and water parks.

Most of the time, our tourists leave with a tan and a lot of good memories.

Unfortunately, that’s not true for everyone. For visitors, a serious accident not only wrecks their vacation, it can result in substantial medical bills and other costs – which are all complicated by the fact that home and family is far away.
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As far as insurance coverage goes, plaintiff in Bartlett v. Commerce Ins. Co. was fairly well situated to fully recover damages for injuries sustained in a motorcycle accident.

After all, she had a total of five insurance plans that provided some degree of coverage for her injuries. However, because not all claims were filed properly and/or timely, it appears she may only collect from one of those, which will not cover all the injuries she sustained.

This case is proof that just because you pay for a good auto insurance plan doesn’t mean you can assume those companies will take care of you. More times than not, it’s your personal injury attorney who must go to bat for you to ensure you obtain the compensation to which you are entitled.
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A new study reveals the numerous state-level bans on texting-while-driving may actually be having their intended effect.

Researchers from the Texas A&M School of Public Health reported hospital emergency room visits within the 45 states that had enacted some type of texting restriction for drivers between 2003 and 2010 dropped by a full 7 percent.

Researchers did note that while they could not prove the legislation was the absolute cause of the decrease in critical injuries in those states, they opine it is likely a significant factor. As of today, two states – Arizona and Montana – still have no ban on texting for drivers. Three other states, Texas, Oklahoma and Missouri, have only partial bans on texting drivers.
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In one of the largest studies of its kind, the AAA Foundation for Traffic Safety paints a very troubling picture of the problem of teen driving and distraction.

The compelling new evidence suggests distractions – particularly using cell phones and talking to other passengers – play a significant role in causing teen crashes.

Researchers analyzed approximately 1,700 videos of teens in the moments just before a collision. What they discovered was that 60 percent of the time, when there was a moderate-to-severe crash, the driver had been distracted.
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A loophole in Florida law allows rental car drivers who live out-of-state to avoid providing proof of insurance when renting a vehicle.

Rental car companies in the state have little incentive to require or even push for this because of a federal law known as the Graves Amendment, which exempts rental car companies from liability stemming from the negligent actions of those who rent or drive their vehicles.

But a lot of people from out-of-state rent cars. A fair portion of them don’t have insurance or allow drivers without insurance to drive those vehicles. The result is innocent people are seriously injured or killed.
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In any negligence case that can’t be soundly defeated on its merits, defense lawyers may try to assert the victim was in some way or to some degree responsible for his or her injuries.

This is called comparative fault. In some states, a finding of comparative fault – no matter how much or how little – will result in a defense win. Not so in Florida, which recognizes a the pure comparative fault model. This essentially holds in the event comparative fault is established, plaintiffs overall damages will be reduced by their degree of fault.

So an injured pedestrian who was distracted as they crossed the road and was struck by a drunk driver may be found 20 percent at fault by a jury. Thus, an award of $100,000 would be reduced to $80,000.
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Florida courts have long held that insurance agents/brokers owe a duty of care to the insured. This means the agent has a duty to insureds to explain the coverage and to explain when unilateral changes are made.

The law also requires insurance agents to use reasonable care in the procurement of requested insurance. In some cases, the law may require the agent to make recommendations on specific types and amounts of coverage reasonably and prudently needed to meet the customer’s needs.

Issues can arise where auto insurance customers believed they were covered for an accident, only to find they didn’t know it fell under an exclusion, or when they believed they were purchasing one type of coverage, only to learn they were in fact getting another.
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Last year, there were more motor vehicle recalls than any other year on record. This stemmed from a combination of issues, including the fact that years-old problems were finally being conceded and addressed by manufacturers, and regulators were beginning to take a hard line with the auto industry as new issues emerged.

Now, a new study from Carfax (a firm that sells reports on vehicle history) reveals there are some 46 million vehicles on the road in the U.S. that were recalled at some point for a safety hazard, but never repaired. What this means is 1 in every 5 cars on the road has an unaddressed recall. Government data indicates it may be even more – that 1 in 4 vehicles has an unaddressed recall.

Bear in mind: These are major defects that have the potential to result in a crash, serious injury and possibly even death.
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