Articles Posted in Car Accidents

While Lee County is becoming an increasingly urban environment, there are still many swaths of land that are agricultural in nature.

The University of Florida IFAS Extension reports there are approximately 19,000 livestock farms throughout the state. Our personal injury attorneys know that while owners of these animals aren’t required by law to fence their livestock, they may be held civilly or criminally liable if those animals stray onto public roads.

A recent case before the Michigan Supreme Court, Estate of Sholberg v. Truman, dealt with this issue. The plaintiffs were suing the title owner of a horse farm, as well as the horse owner, who failed to install adequate fencing, despite numerous previous incidents of animals wandering onto a nearby road.
Continue reading ›

A claim for no-fault insurance coverage following a motorcycle accident has turned into a five-year court battle with the insurer.

Fort Myerscar accident lawyers recognize part of the problem has to do with the fact that motor vehicles are among the most fluid assets people own. Car owners frequently lend their vehicles to family members, friends and sometimes even co-workers or acquaintances. If an accident with injuries results, the question of who pays can become murky, depending on the circumstances.

The passage of no-fault insurance laws in Florida helps to clarify this to some degree. But as the case of Rambin v. Allstate Insurance Co. reveals, it’s not always a simple matter. Although this was a case before the Michigan Supreme Court, Michigan too has passed no-fault insurance laws that require all drivers and vehicle owners to purchase personal injury protection.
Continue reading ›

A new report issued by advocacy group Smart Growth America indicates that not only are pedestrian deaths an “epidemic” in this country (more than 47,000 in the course of a decade), but the risk is higher in the South. Nowhere is it more deadly than in Florida.

The report, the result of a collaboration among Smart Growth, the AARP, the National Complete Streets Coalition, America Walks and the American Society of Landscape Architects, analyzes dangers to pedestrians broken down by region, race, time, age and roadway characteristics. The study period stretched from 2003 through 2012.

Cape Coral pedestrian accident lawyers understand that in addition to the tens of thousands of recorded deaths, there were also 676,000 injuries resulting from vehicle-pedestrian crashes during the study period. That’s one person hit by a car every eight minutes in this country.
Continue reading ›

There is no question Florida is a destination location. Every year, we have millions of visitors, snowbirds and others who are only here for a short time. Sometimes, these individuals are injured, and a personal injury lawsuit may be necessary.

Matters can be complicated when it’s not feasible for a plaintiff to travel back-and-forth to South Florida every time there is a hearing or a request for deposition. There are many ways these complications can be mitigated, but it requires an experienced Fort Myers injury lawyer to ensure you are well-represented and you don’t miss any crucial requests. Failure to attend hearings, depositions or other proceedings without just cause can result in your case being extensively delayed or worse, dismissed.

One such tool of mitigation for out-of-state clients is Florida Rule of Civil Procedure 1.280(c). The statute covers “protective orders,” but not the kind sought for shielding one from violence. Instead, this kind of a protective order is intended to protect a party in a civil lawsuit from “annoyance, embarrassment, oppression or undue burden or expense that justice requires” in the course of the discovery phase of the trial. It can be argued that requiring an out-of-state plaintiff to travel back-and-forth to Florida for the purposes of depositions or hearings is an undue burden or expense, particularly when there may be other means by which the information can be obtained.
Continue reading ›

Florida troopers are mourning the loss of a 30-year-old colleague recently killed on I-75 after being struck by a vehicle. Concerned law enforcement were among those who urged Gov. Rick Scott to veto a bill that would effectively raise the highway speed limit from 70 to 75 mph.

At the funeral, a fellow trooper made an impassioned plea to the governor, who was present, saying that working accidents along the highway was a job he feared the most because motorists often “don’t drive with common sense.”

It seems Scott has taken note. Six days after receiving that request, Scott announced he would veto SB 392, saying he would “stand with law enforcement” on this issue. Our Naples car accident lawyers note the bill was passed by lawmakers by 58-56 in the state House and 27-11 in the Senate.
Continue reading ›

A series of crashes on Florida’s highways involved the failure of drivers to slow down for the appropriate weather conditions and obey the state’s “Move-Over” law.

The crashes resulted in three deaths – including one Florida Highway Patrol trooper – and several serious injuries, including another state trooper.

Fort Myers car accident attorneys know that these incidents are going to mean that troopers and law enforcement officers will be on the lookout for violators of these laws, with the hope of significantly reducing future tragedies.
Continue reading ›

Ride-sharing services are cropping up throughout Florida. Lyft and Uber are among those that have been touted as quick, safe and convenient ways to get around town.

However, there is mounting evidence that these services may also be underinsured. That means if you are injured in a Fort Myers car accident while using one of these ride-sharing services, the question of who pays may be hotly contested.

The Tampa Bay Tribune recently examined how the burgeoning industry is handling the issue of car accident liability.
Continue reading ›

As Florida legislators work to stiffen the penalties for drivers who text, it’s important to note during April, which is Distracted Driving Awareness Month, that much work remains to be done.

Our Cape Coral car accident lawyers have seen cases where a split second of inattention has resulted in lifelong – or life-ending – consequences.

The National Highway Traffic Safety Administration reports that in 2012 alone, there were more than 3,300 people killed in crashes attributed to distraction.
Continue reading ›

Controversial traffic-light cameras have been in use in Florida for four years now, raking in nearly $120 million in revenue for the state in 2013 alone.

However, our Cape Coral injury lawyers know that questions regarding whether they are effective have lawmakers scaling back some of their efforts. Nine states have banned the cameras, which snap photos of red light-runners and then mail out hefty citations.

A 2011 study conducted by the Insurance Institute for Highway Safety indicates that over the course of four years in the country’s largest cities, the cameras saved nearly 160 lives. However, other research has suggested that the cameras are actually the cause of some crashes, particularly rear-end collisions as motorists stop abruptly at changing lights.
Continue reading ›

A father from New Port Richey has been traveling throughout Southwest Florida, high school to high school, with this simple message: Texting and driving kills.

He knows better than most. His 17-year-old daughter, Allie, was killed in a head-on collision with a driver who was texting. Killed also in that wreck was the 19-year-old texting driver. In addition to spreading his message to students, Allie’s father is pushing for stronger anti-texting laws – and it appears several legislators are responding.

Our Fort Myers car accident lawyers know his efforts are especially poignant during the spring season, packed with long breaks, and prom and graduation celebrations, it’s a time of year when teens are more frequently on the road. Although teens aren’t the only ones guilty of texting while driving (and it’s never safe for anyone), research has shown they are more prone to crashing when they do it, primarily because of their inexperience.
Continue reading ›