car accident attorney

8th DCA Reinstates $1M Jury Verdict Favoring Car Accident Victim

August 26, 2017 | Associates and Bruce L. Scheiner

We trust the vehicles in which we rely on daily to be properly tested for safety. Unfortunately, too many auto manufacturers and makers of auto parts fail to adequately test these machines. When they fail or there is a vehicle defect, the consequences can be catastrophic personal injuries.

Recently, the U.S. Court of Appeals for the Eight Circuit reinstated a $1 million jury verdict in favor of a car accident victim rendered quadriplegic after his seat belt failed to prevent his head from striking the roof of the vehicle in a rollover crash. These types of product liability cases should be explored anytime someone is in

According to court records, the crash occurred five years ago when plaintiff driving a van collided with a boat that was being towed by another vehicle. At the time, plaintiff was driving his two sons and eight other people on a return trip to St. Louis following a Boy Scout camping trip in Minnesota. The initial impact of the crash didn’t cause significant damage. However, the van plaintiff was driving swerved and rolled at a relatively low-speed. Plaintiff was wearing his seat belt, but still slid far enough out of the seat for his head to connect with the roof of his van, dislocating his neck and severing his spinal cord. Nobody else in the vehicle was seriously hurt. Continue reading ›

GEICO Liable to Cover Wrongful Death Damages After Insured Absconded, 3rd DCA Rules

August 19, 2017 | Associates and Bruce L. Scheiner

A recent decision by Florida’s Third District Court of Appeals upholds the liability of auto insurance company GEICO in covering damages awarded to plaintiffs who won a $15 million verdict against GEICO’s insured.

The case is a tragic and complicated one, and despite the commonality of Florida auto accident claims, how complex they can sometimes be when it comes to disputes with insurers. That’s why it’s so critical that claimants seek top quality legal counsel to represent them in such cases.

The case began with events that occurred in March 2011 in Miami. Court documents revealed defendant driver was operating his mother’s vehicle when he slammed into a cluster of other vehicles on the shoulder of I-95. The other motorists had just been involved in a minor chain-reaction crash set off when one vehicle clipped a stalled vehicle that was parked in an emergency lane. A total of seven cars were involved in the initial crash. People had exited their vehicles and were waiting on police to arrive when defendant swerved from the express lane, slammed into a concrete barrier and then crashed into the crowd. He instantly killed four people and a fifth died several days later of severe personal injuries. Continue reading ›

Venus Williams’ Florida Car Accident: The Tricky Business of Determining Fault

August 2, 2017 | Associates and Bruce L. Scheiner

Initial investigation of a fatal South Florida car accident involving tennis star Venus Williams resulted in law enforcement’s conclusion that Williams was at-fault. However, new video evidence – specifically, surveillance footage obtained form a nearby community just south of the Palm Beach Gardens intersection where the crash occurred – led police to walk back their original findings.

Although Williams is listed in a defendant by decedent’s widow, who was also in the vehicle at the time of the crash, police now say it was Williams who was cut off by another vehicle upon entering the intersection. This in turn set off a chain event crash that within seconds resulted in a fatal collision with a third vehicle that critically injured a 78-year-old man who died two weeks later.

His estate, represented by his bride of 33 years, filed a wrongful death lawsuit against Williams, alleging Williams was negligent and seeking damages for medical and funeral expenses, pain and suffering, lost earnings, loss of companionship/ consortium and funeral expenses. Although Williams has expressed her “devastation” over the incident, her attorney insisted from the beginning that she was innocent, traveling only 5 mph when she entered the intersection with a green light.

The case underscores how determinations of “fault” in Florida car accidents may not always be a simple, straightforward matter. Eyewitnesses to the very same events can emerge with a different accounting of what happened. Experts must work to piece together what they can with accident reconstruction methodology and technology, but even that sometimes is subjective. Absent clear video footage of the crash – and even that sometimes doesn’t tell the whole story – the truth of what happened may be obscured. Continue reading ›

Court Affirms $11M Defective Vehicle Verdict

July 15, 2017 | Associates and Bruce L. Scheiner

An $11 million verdict stemming from a claim of a defective vehicle resulting in a fatal crash was affirmed by the U.S. Court of Appeals for the Eighth Circuit. Among the plaintiffs were family members of decedents, as well as one of the drivers, who was originally convicted of vehicular homicide. That conviction was later vacated after the vehicle manufacturer began recalling vehicles for the same defect involved in this case – unintended acceleration.

The three-judge panel ruled unanimously in favor of plaintiffs, who alleged the vehicle malfunctioned, leading to three deaths and the driver’s imprisonment.

At trial two years ago, driver was found 40 percent at-fault and vehicle manufacturer deemed 60 percent at-fault. Total damages were set at $14 million, but that was reduced to $11 million based on damages obtained in previous settlements with other defendants. That $11 million will be divided among plaintiffs. Continue reading ›

Court Rules ‘Good Samaritan’ Can Receive UIM Auto Insurer Benefits

July 12, 2017 | Associates and Bruce L. Scheiner

You may recall several months ago in Fort Myers the case of the a North Fort Myers mother who lost her legs after a horrific collision on I-75 when she pulled over and assisted the victim of a previous car accident. She survived the crash and has since returned to work, though she will require ongoing treatments and assistance.

A very similar situation occurred several years ago in Rhode Island and now, the Rhode Island Supreme Court has decided that the Good Samaritan victim in the crash is entitled to collect underinsured motorist (UIM) coverage from the insurer who provided a policy for the vehicle in which she was a passenger prior to being struck. Insurer initially denied the UIM claim, asserting victim was not “occupying” the insured vehicle at the time of the crash, and therefore was not entitled to coverage.

While the trial court agreed with defendant insurer, the Rhode Island Supreme Court vacated, holding plaintiff was entitled to recover UIM benefits under the terms of the policy. Continue reading ›

Analysis: Florida Highways Among Most Deadly in the U.S.

May 30, 2017 | Associates and Bruce L. Scheiner

“Steer clear of the state of Florida,” the lead sentence of a recent Forbes.com article reads. The reason? Our traffic safety is atrocious, particularly on South Florida highways. Of those that had the most car accident fatalities in the last decade:

Florida U.S. 1 – 1,079 deaths
Florida U.S. 41 – 772 deaths
Florida U.S. 27 – 614 deaths
Florida U.S. 441 – 442 deaths
Florida U.S. 17 – 420 deaths
Florida U.S. 98 – 465 deaths

Six of the top 10 deadliest highways in America are right here in the Sunshine State. The Forbes writer referred to these as “death tollways.” The numbers were based on a recent analysis of federal data from the National Highway Traffic Safety Administration (NHTSA) by a company called GeoTab. Continue reading ›

Driver Cited in I-75 Fort Myers Car Accident That Led to Amputation

May 20, 2017 | Associates and Bruce L. Scheiner

A crash on I-75 that led to catastrophic injuries for one North Fort Myers woman has now led to a careless driving citation for a St. Petersburg man.

According to The News-Press, the 30-year-old victim, a mother and foster parent, stopped on the side of the highway to help another motorist who had lost control in a rainstorm and struck a guardrail. She let the stranded motorist sit in her vehicle as she went to retrieve a blanket from her trunk. It was then that another driver swerved and struck her, pinning her against a vehicle and the guardrail, ultimately requiring her to undergo a leg amputation.

The citation of the driver does not necessarily have a direct impact on any future claim for damages, as the criminal and civil litigation will be separate procedures. However, it could potentially be used by plaintiff attorneys as evidence of driver negligence. Continue reading ›

Report: U.S. 41 Fort Myers is No. 2 Most Dangerous Road in Country

May 14, 2017 | Associates and Bruce L. Scheiner

Anyone who lives in Fort Myers knows U.S. 41 is a nightmare for motorists. Lanes are narrow. Traffic volumes are atrocious, especially at rush hour. There are few crosswalks and drivers routinely speed or tap away at their phones as they weave in-and-out of traffic. Worse, there is very little alternative, as the thoroughfare, also known as Tamiami Trail, is one of the main in the Southwest Florida. Car accidents occur with regularity.

Perhaps it should surprise none of us, then, that it is ranked as the No. 2 most dangerous road in the country. Further, most Floridians would probably not be shocked to learn that four of the top five most dangerous roads are in Florida, as reported by NBC-2, which detailed the findings of a new study by Geotab. Six of the top 10 most dangerous highways are in Florida.

While car accident rates have spiked everywhere in these last two years, with increasing driver distractions and lower gas prices, Florida has been acutely affected.

Study: Florida No. 2 Worst State for Distracted Driving

April 30, 2017 | Associates and Bruce L. Scheiner

Florida is second only to Louisiana when it comes to the worst states for distracted driving. That’s according to a new study conducted by an online insurance company that used an app called EverDrive to measure behaviors like speeding, aggressive turning, sudden acceleration, hard braking and other dangerous movements while the motorist’s phone was being used behind the wheel. Study authors made sure to exclude measurements of movements that occurred in the car when the phone was in sleep mode or when it was used in hands-free mode (which we know still is not as safe as you might think).

The analysis proved that more than 90 percent of drivers across the country with cell phones have used them while in a moving car at some point in the previous month.

When it came to state rankings, Florida was placed at No. 2. This was based on data from 2.7 million trips and 230 million miles driven, according to the company. Continue reading ›

Texting and Driving: Nothing to LOL About

April 24, 2017 | Associates and Bruce L. Scheiner

April is distracted driving month.

Officials with the Florida Highway Patrol, the Florida Department of Transportation, the Florida Police Chiefs Association, the Florida Sheriffs Association and AAA are teaming up to promote Distracted Driving Awareness month, and urging drivers to keep their eyes on the road.

Last year in Florida, approximately 50,000 crashes involved a driver who was distracted. It’s an action that substantially impairs reaction time, resulting in an estimated five crashes in this state every single hour. Continue reading ›