Fort Myers car accident lawyer

Allen v. Montalvan – Florida Car Accident Settlements Involving Minors

June 30, 2016 | Associates and Bruce L. Scheiner

Motor vehicle accidents are known to be the No. 1 killer of children in the U.S. under the age of 14. The National Highway Traffic Safety Administration (NHTSA) estimates every year that more than 1,100 children are killed and 167,000 are injured in traffic crashes.

So it makes sense that a fair amount of car accident settlements would involve minors as interested parties. Florida law requires that anytime there is a settlement with a gross amount that meets or exceeds $50,000, the court must appoint a guardian ad litem to ensure the child’s interests are protected. This is outlined in F.S. 744.3025(1)(b). The law also allows the courts to appoint a guardian ad litem in any case for personal injury, property damage or wrongful death that exceeds $15,000 if the court believes it’s necessary to protect the minor’s interests. However, once that gross amount hits $50,000, the appointment is mandatory.

This was a sticking point in the recent case of Allen v. Montalvan, before Florida’s 4th District Court of Appeal. This was a tragic case in which a grandmother was killed while her two children (one adult) and two minor grandchildren were injured when a drunk driver slammed into their vehicle. The passengers, including the underage children, all suffered varying degrees of personal injury. Continue reading ›

Car Accident Victim Awarded $1.2M From Own Auto Insurance Company

June 17, 2016 | Associates and Bruce L. Scheiner

A car accident victim in New Jersey has just been awarded $1.2 million from her own insurance company after fighting for years following a 2013 crash with an uninsured driver.

Why would one need to battle their own insurer?

It’s especially common in Florida, a no-fault state when it comes to insurance. That means the first $10,000 paid out to car accident victims is through personal injury protection (PIP) benefits. PIP benefits cover 80 percent of your reasonable medical expenses related to the accident, 60 percent of wage losses and $5,000 for death benefits. When you are seriously injured, your damages are inevitably going to exceed that.

Also in Florida, 25 percent of drivers do not have insurance. That is 1 in every 4 motorists you pass on the road. Even those who do carry insurance are only required to maintain $20,000 in bodily injury liability insurance. That is probably not even going to scratch the surface of your medical bills in a bad wreck. So what option do you have at that point? Uninsured/ Underinsured Motorist Coverage (also sometimes written UM/ UIM coverage). Continue reading ›

Florida Texting and Driving Law Lacks Leverage

June 2, 2016 | Associates and Bruce L. Scheiner

It’s common knowledge that distracted driving is dangerous. Yet that doesn’t seem to deter Floridians from injuring and killing each while distracted by smart phones or other technology.

A recent analysis by The Palm Beach Post found that between 2012 and 2015, the number of distracted driving crashes in that county spiked 30 percent. That’s according to the Florida Department of Highway Safety and Motor Vehicles. It’s worth pointing out that those distracted driving accidents are only the ones about which we know. Almost certainly, the numbers are much higher because distraction at the time of impact is not easily measured or often reported.

“No one is going to tell (the cops), ‘Hey, I was on the phone,’ or ‘I was texting and driving and caused that crash.’ That’s not going to happen,” said Florida Rep. Irv Slosberg, D-Boca Raton. Slosberg and some of his colleagues have been pressing for a tougher Florida texting and driving law that might serve as an effective deterrent. Continue reading ›

Fatal Fort Myers Truck Accident Involves 7 Vehicles

May 29, 2016 | Associates and Bruce L. Scheiner

A seven-car pileup in Fort Myers on Summerlin road killed one and injured several others after a semi-trailer truck rear-ended a passenger car, setting off a fiery chain-reaction crash.

Officials with the Florida Highway Patrol were investigating the details, but The News-Press reported all vehicles involved were traveling northbound on Summerlin Road near Winkler Road in South Fort Myers. All were in the process of slowing down for impending traffic congestion, as it was shortly before 4 p.m. They included a tractor-trailer ruck, two vans and four cars.

The tractor-trailer truck driver reportedly failed to stop in time for the traffic ahead of him. He slammed into a Town Car. That vehicle was driven by a 70-year-old man. A 38-year-old woman was riding in the rear passenger seat of that vehicle. The Town Car burst into flames. The 38-year-old woman, from Iowa, died instantly. Continue reading ›

Trotter v. Harleysville Ins. Co. – Auto Insurance Policy Limits Per Person, Vehicle

May 27, 2016 | Associates and Bruce L. Scheiner

Auto insurance policies all carry limits, which specify the maximum insurer will pay per person who is injured and how much it will pay for the entire accident.

So for example, a policy with a $125,000 per person limit and a $250,000 per accident limit will pay a maximum of $250,000 – no matter how many people get hurt. So the fewer victims there are, the more they stand to receive – up to the per-person limit of $125,000. However, if three people are injured and each of their injuries are equal and exceed $125,000, the most each stands to receive under that policy would be $83,333.

But as in any policy or contract, the language must not be ambiguous. Any ambiguity in a policy should be skewed in favor of the plaintiff. Continue reading ›

Study: Distracted Driving a Big and Growing Problem in South Florida

April 27, 2016 | Associates and Bruce L. Scheiner

A new study analyzing the prevalence of distracted driving captured video of several thousand motorists moving along a South Florida highway. In just 20 minutes, study authors found:

150 drivers talking on the phone;
17 drivers texting;
12 drivers eating;
6 drivers distracted by some other form (i.e., reading, applying makeup, staring at the mirror, looking in the backseat, etc.)

What that tells us is that of the 2,000 cars that went by, 9 percent of drivers were preoccupied with some task other than driving. That’s probably a low number because it only counts those distractions that are actually observable. Distractions such as listening to the radio or having an involved conversation with a passenger are not immediately observable from the outside. Again – this was on a highway, where speeds easily exceed 70 mph. Bear in mind that when you take your eyes off the road to send a text while traveling at 55 mph, you travel the length of a football field without looking. 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 ›

Woodward v. Taylor – Jurisdiction in Crash Case

February 2, 2016 | Associates and Bruce L. Scheiner

With most auto accidents in Fort Myers, if it happens here, the proper court in which to file it will be within the 20th Judicial Circuit Court, Civil Division.

Still, one of the first things the court will want to establish is jurisdiction, which is the official power to make legal decisions and judgments. There are generally two types of jurisdiction: Personal (over the individual involved) and Subject Matter (over the circumstances of the case). There is also a third prong sometimes mentioned called Procedural (over the specific procedures involved).

The purpose of jurisdiction is to ensure the right laws are applied and the right court is handling the case. In most cases, if a car accident happens here, it’s the local civil court that will have jurisdiction to hear the injury claims. However, there could be circumstances under which that’s not true.

Take for example the car accident lawsuit of Woodward v. Taylor, recently before the Washington State Supreme Court. Continue reading ›

Florida’s No Fault Car Insurance System to End?

January 15, 2016 | Associates and Bruce L. Scheiner

For 40 years, Florida drivers have been compelled to purchase Personal Injury Protection auto insurance to cover a minimum of $10,000 in personal injuries occurring as a result of an auto accident – no matter who is at fault. It’s referred to as the state’s “No Fault” car insurance system. Some legislators want it gone.

Efforts to scrap PIP benefits aren’t new, of course. But they are gaining traction across the state, especially with the introduction of SB 1112, filed by state Sen. Jeff Brandes, R-St. Petersburg.

Filed quietly on Dec. 11, 2015 for consideration by the legislature in 2016, the measure would eliminate PIP and, as Brandes argues, “force policymakers to address this important issue impacting every driver in our state.” Continue reading ›

Stensland v. Harding County – Government Liability for Poor Road Conditions

December 13, 2015 | Associates and Bruce L. Scheiner

In most car accident lawsuits, plaintiffs take action against at-fault drivers and their insurance companies. Sometimes, plaintiffs may file uninsured or underinsured motorist coverage through their own auto insurer if the at-fault driver’s coverage is inadequate.

However, the possibility that a government agency may be responsible for poor construction or maintenance of a roadway can’t be overlooked. This is especially true in single-vehicle accidents. If it can be shown the government agency owed a duty to keep the road in a reasonably safe condition, and its failure resulted in injury to someone using the road, that may be grounds for compensation.

Such cases require extensive analysis from at least one and possibly more expert witnesses and a law firm with ample resources to ensure all necessary information can be gathered in preparation. Continue reading ›