Cape Coral car accident lawyer

Proving Nature and Extent of Injury in Florida Car Accidents

January 18, 2018 | Associates and Bruce L. Scheiner

Part of securing damages for your car accident injuries means not only proving the defendant motorist was at-fault in the crash, but also showing that the causal nature and extent of your injuries. Some Florida car accident trials center solely around these facts, with defendants arguing you weren’t as seriously injured as you allege or that the injuries you attribute to the crash were caused by something else.

Proving negligence means showing:

Defendant owed plaintiff a duty of care (in these cases, that driver had a responsibility to drive with reasonable care);
Defendant breached that duty;
Breach caused plaintiff’s injuries.

A recent case out of Nebraska shows how critical that causal element is in securing financial compensation. Continue reading ›

Survey: Almost Half Distracted Drivers Say, “Boss Made Me Do It”

December 21, 2017 | Associates and Bruce L. Scheiner

Employers who encourage their workers to stay connected at all times should be mindful that if those times include while the employee is operating a vehicle, the employer could be deemed liable for the resulting injuries. This could come about in one of two ways:

Vicarious liability. Plaintiffs need not show the company was negligent, only that the driver who was negligent was acting in the course and scope of an employment at the time of the crash. An employee who is distracted by a work-related call could be found to have been acting in the course and scope of employment, even if he or she wasn’t technically on-the-clock.
Direct negligence. Companies that compel or expect workers to be available at all times – even knowing some of those times will be while the worker is driving – could be found directly negligent for a distracted-driving crash involving a worker. This is why an increasing number of companies are attempting to shield themselves from liability with anti- distracted driving policies.

Despite knowing that distraction is one of the top causes of roadway accidents, many employers still fail to take this important initiative.

A recent poll conducted on behalf of Travelers insurance revealed that work-related pressures play a significant role in distracted driving. Continue reading ›

Ray v. Draeger – Insurance Industry Connections With Crash Case Expert Witnesses

July 29, 2015 | Associates and Bruce L. Scheiner

In car accident lawsuits, it is not uncommon for both sides to present testimony from experts to prove their respective positions. Experts could range from medical doctors, who would attest to extent of injuries, causation of injuries and reasonable treatments for those injuries. Accident reconstructionists could attest to the nature and cause of the crash. Mental health experts could speak to the emotional trauma.

It’s also fairly common for insurance companies to consult the same experts over and over again. These expert witnesses are compensated for their time and travel.

This can raise questions of bias when insurers use the same witnesses repeatedly. In effect, these witnesses derive a substantial profit from testifying on a regular basis on behalf of insurance companies/defendants, and this may raise valid questions regarding the witness’s potential bias.