car accident lawsuit

Florida Car Accident Victims Win $14.5 Million From Auto Insurer

November 14, 2015 | Associates and Bruce L. Scheiner

Auto insurance is required of drivers in Florida, and we trust that when we pay our premiums in full and on time, the insurance companies will do as they promise.

However there are many cases in which insurers don’t follow through on their end of the bargain. Even victims who are seriously injured often don’t receive adequate compensation until an experienced personal injury lawyer gets involved. It is the attorney who initiates negotiations that lead to just compensation, usually after the insurance company throws low-ball settlement offers or outright refuses payment. And when insurers dig in their heels and refuse a settlement, it is the lawyer who fights for the rights of the injured at trial.

In a recent case out of Miami, it took 10 years, but a former doctor and his wife may finally be receiving the insurance compensation they deserve, following a horrific crash on I-95. Continue reading ›

O’Connor v. George – Misrepresentation of Evidence in Crash Case

October 8, 2015 | Associates and Bruce L. Scheiner

Evidence that is submitted for consideration of a judge or jury in a car accident case must be stipulated as a true and accurate representation, to the best of knowledge available.

When evidence is not properly represented, it deprives jurors of the opportunity to fully weigh the facts. If such an error is allowed to proceed uncorrected, it could be grounds for a mistrial or a retrial.

That’s what happened in the case of O’Connor v. George, before the Montana Supreme Court. Continue reading ›

FSU Study: Phone Alerts as Distracting as Actually Messaging

August 3, 2015 | Associates and Bruce L. Scheiner

It’s well known that sending and reading text messages while driving is a danger. So too is talking on the phone, even with a hands-free model.

But now, a new study by researchers at Florida State University reveals there is another equally distracting aspect of our smart phones: The alerts.

That simple “ding!” or song ringtone or even a quite vibration can impair a person’s ability to focus on a specific task – like driving.

Kimminau v. City of Hastings – Government Liability for Roadway Cleanup

August 1, 2015 | Associates and Bruce L. Scheiner

When a crash occurs on government roads, it is the duty of government authorities to close the roadway in a timely manner until debris has been cleared and the site is safe for traffic. Once the roadway has been cleared for resumed traffic by authorities, the government could be liable for remaining debris left in the road, should it be the cause of a traffic accident resulting in injury.

This was the situation in Kimminau v. City of Hastings, recently weighed by the Nebraska Supreme Court.

A messy spill of food material on the road occurred as a result of a truck accident. Government employees and volunteer firefighters were called to clear the debris from the road. They did so and the road was cleared for traffic. But when an accident the following day was attributed to remaining debris from that earlier crash, the question was who was responsible.

Bermudez v. Ciolek – Bicyclist $3.7M Injury Verdict Affirmed, With Modification

July 20, 2015 | Associates and Bruce L. Scheiner

An injured bicyclist will receive the $3.7 million a jury awarded him following a trial, although his damages were reduced by $46,000 based on an appeals court ruling that a portion of his damages wasn’t supported by the evidence.

According to California Appeals Court records in Bermudez v. Ciolek, two vehicles crashed at an intersection in January 2012. At the time, the traffic light was transitioning from green to yellow to red. One of those drivers (V1) was turning left while the other driver (V2), traveling the opposite direction, was trying to go straight.

After impact, V2 veered into a corner of the intersection and struck a bicyclist on the sidewalk.

Barneck v. Utah Dep’t of Transp. – Negligent Road Maintenance Alleged

July 13, 2015 | Associates and Bruce L. Scheiner

Negligent construction and/or maintenance of state and local roads can be grounds for civil litigation if it results in serious injury or death to those in motor vehicles.

A recent example was seen in the Utah Supreme Court case Barneck v. Utah Dep’t of Transp., which dealt with the collapse of a road caused by pooled water in a culvert. The collapse killed a 15-year-old and injured two people.

Anytime a plaintiff seeks compensation from a public entity, there are a host of potential roadblocks that must be overcome. Each state varies in its requirements for overcoming sovereign immunity, and it’s important for victims to be represented by an injury lawyer with extensive experience in this realm of law in order to succeed.