car accident injury attorney

Structural Integrity of Florida Bridges Reviewed

March 15, 2017 | Associates and Bruce L. Scheiner

Thirty-seven years this May is the grim anniversary of the collapse of the Sunshine Skyway Bridge in St. Petersburg. In 1980, the southbound span, which opened in 1971, was destroyed when a freighter collided with the pier during a thunderstorm. This caused some 1,200 feet of the bridge to go tumbling into Tampa Bay, taking six cars, a truck and a Greyhound bus with it. In all, 35 people were killed. Only one man survived the bridge collapse.

Liability was later deemed to be on the shoulders of the shipping company, though it called into question the structural integrity of bridges statewide. These are the kinds of incidents one must anticipate: Crashes, natural disasters and everyday erosion.

Recently, reporters from The Washington Post conducted an analysis of the structural integrity of bridges nationally, creating a database searchable by county. Continue reading ›

Permissive User Status in Auto Insurance Liability

February 26, 2017 | Associates and Bruce L. Scheiner

The question of whether a person is a permissive user of a motor vehicle under a standard auto insurance policy can be an important one in determining whether indemnity and coverage will be provided.

This is usually of great interest to both parties in an injury lawsuit. The defendant wants to make sure they are going to have their legal expenses covered and not be personally liable for any damages awarded at trial, while plaintiff wants to make sure they have the best shot at actually recovering damages if they win. Most people do not have the personal wealth to cover these kinds of verdicts, so it’s usually in everyone’s best interest if the insurer provides coverage.

Different states have taken different approaches to whether permission is given. There is express permission, in which a person just before that trip hands over the keys and says, “Here, use my car.” There are variations of this ranging from the initial permission rule (permission is initially given and coverage continues even though the user deviates from the original terms of use), minor deviation rule (user deviates to a small extent from the original terms of use) and conversion rule (vehicle has to be used in the scope of permission granted). Continue reading ›

Alligator Alley Guardrails Criticized

May 15, 2016 | Associates and Bruce L. Scheiner

Guardrails are intended to keep motorists and passengers safe from careening into embankments, bridge parapets, signs, lights, signal supports, boulders, utility poles, drainage ditches, trees or bodies of water more than two feet deep.

Generally, they do a good job. Cable guardrails, also sometimes referred to as cable barriers, installed on Florida’s turnpike and I-75 on Alligator Alley served to slash the number of canal crashes along those roads significantly, according to reports.

But now, there is concern that new Alligator Alley guardrails will harm motorists, accident victims, workers and emergency responders. Continue reading ›

Manfre v. Shinkle – Horse in Road Liability Lawsuit

February 25, 2016 | Associates and Bruce L. Scheiner

Most horse owners and caretakers do their best to properly restrain and confine horses and livestock. These animals are expensive to purchase and maintain and for many people, they are also beloved pets.

However, if these animals do make their way onto a public road, they put the public at serious risk of injury or death. The average horse weighs between 840 to 1,210 pounds, and the average cow weighs nearly a ton. Striking an animal that size – even at a relatively low speed – can result in major damage to one’s vehicle and person.

In these situations, who is responsible? Injury victims may have several options, depending on the circumstances. But in the recent case of Manfre v. Shinkle, Florida’s Fifth District Court of Appeal determined plaintiff couldn’t hold the local sheriff’s office accountable. Continue reading ›