car accident lawyer

Serra v. Estate of Broughton – Exchange Student to Receive UM/ UIM Benefits of Host Family

January 6, 2016 | Associates and Bruce L. Scheiner

A foreign exchange student from Spain, seriously injured in a crash while riding in a friend’s car, was insured by her host family’s uninsured/ underinsured motorist benefits, the Oklahoma Supreme Court ruled.

In a case that could serve as a guide in other jurisdictions, justices reviewing the facts of Serra v. Estate of Broughton sought to clarify whether the term “ward” in the auto insurance policy should be defined as a court-ordered arrangement or as its ordinary meaning. The court chose the latter, thereby extending benefits to the injured teen.

Although every auto insurance policy may vary, most contain provisions that extend coverage to resident relatives, frequent drivers and, in some cases, “wards.” In this case, the term “ward” wasn’t defined in the policy, but the trial court decided it should be defined as it had been statutorily. That meant applying a statutory definition in which the individual had a formally-appointed guardian or conservator over his or her person or property. On appeal, plaintiff argued that “ward” should be defined as an ordinary term because the policy lacked a definition and thus was ambiguous in this regard. When insurance policies are ambiguous, courts have generally held disputes should be determined in favor of the insured. Continue reading ›

Yang v. Little Rock City – Death of Boy, Mother Spurs Lawsuits Alleging Poor Emergency Response

December 14, 2015 | Associates and Bruce L. Scheiner

A woman was traveling less than a mile from her home to her son’s daycare in Arkansas when her vehicle hit a patch of black ice near an intersection. She careened into a nearby pond, and immediately called 911. Frantic as she and her 5-year-old sunk deeper into the icy water, the woman waited for emergency response that would be too late for her.

It took 53 minutes from the time she placed the call until firefighters and police arrived. She was deceased when they pulled her out. Her son did survive initially, but was critically ill and suffered brain damage. He died two years later from injuries related to the crash.

His father filed two wrongful death lawsuits against the city for failed emergency response. The first case, Yang v. Little Rock City, et al., was filed in 2013 on behalf of his son. A second lawsuit with the same name, Yang v. Little Rock City of, et al., was filed this year on behalf of his wife. The lawsuits allege the long delay in the arrival of a water rescue team meant his wife and son suffered prolonged exposure to cold water, which ultimately led to their deaths. He asserts this delay was preventable, and could be attributed in large part to a single employee who was known to have serious performance issues, even before she was hired. Continue reading ›

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.

Windshield Devices Aim to Curb Distraction, But Some Argue They Create It

July 17, 2015 | Associates and Bruce L. Scheiner

A number of car manufacturers are working on technology they hope will reduce distraction while driving. However, these efforts work within a model that essentially says, “If you can’t beat ’em, join ’em.”

Automakers don’t believe they’ll be able to quell drivers’ desire to stay in touch at all times. So they are working on ways to make doing so safer. But some traffic safety advocates wonder if these well-meaning efforts will backfire by making it easier for drivers to be distracted.

A recent article in The New York Times weighs both sides of the debate.