Auto Accident

Published on: September 24, 2015

Frazier v. Drake – Sudden Emergency Defense in Car Accidents

Florida law requires drivers to use reasonable care in the operation of their motor vehicle. Failure to do this is met with punishment from the criminal justice system, and sometimes accountability through the civil system when people are hurt or property is damaged.

Generally, “reasonable care” means abiding by all traffic laws and taking every precaution to operate the vehicle safely and avoid accidents.

However, there are some scenarios in which drivers get a pass. It’s not often, and it’s usually not a given. But if a defendant can show he or she was grappling with a “sudden emergency” at the time of accident and that sudden emergency is what caused the accident, it’s likely he or she will evade both criminal charges and civil liability. Continue reading →

Published on: September 5, 2015

Moradiellos v. Gerelco Traffic Controls, Inc. – Highway Work Zone Death

By Dean Freeman

Highway work zones are dangerous both for the motorists who navigate them and the workers employed there.

The U.S. Department of Transportation reports an estimated 88,000 crashes happened in work zones in 2010. Most of these don’t lead to fatalities, but when they do, it can leave families reeling. When a worker is killed, he or she is often a major contributor to the family household income, and it’s important for families to explore all viable options for compensation to ensure future financial security.

Luckily, most if not all of these workers are entitled to some form of workers’ compensation. This is money paid out to an injured worker or, in the event of the worker’s death, his or her surviving, dependent family members. It is not necessarily in a workers’ compensation action to prove negligence, only that the accident occurred in the course and scope of employment. However, workers/family members who collect these benefits cannot pursue legal action against the employer for negligence. There may be an opportunity to file a third-party liability action, but that will depend on the circumstances of the case. Continue reading →

Published on: July 22, 2015

Navarrete v. Meyer – Liability of Passenger for Fatal Crash

By Dean Freeman

In many auto accidents resulting in injury, it is not only the driver and/or his insurance company that may be held liable for damages.

Sometimes, the owner of a vehicle (if different from the driver) can be held responsible, through a doctrine called vicarious liability. If the driver was working, the employer may be held liable via the doctrine of respondeat superior. Alternatively, injured persons could claim negligent hiring, retention or supervision. If the driver was a drunk minor, the establishment that served him alcohol could be responsible under Florida’s dram shop law.

And in some instances, a passenger may in fact be liable as well. Generally, this involves cases where a passenger in some way negligently asserted or assumed control over vehicle operations.

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Published on: May 12, 2015

Payment to Florida Injury Victims Gets Lawmaker Approval

By Dean Freeman

More than a dozen people injured or killed due to the negligence of government workers and/or agencies in Florida will finally receive the payment promised in settlements or litigation, some having waited years for legislative approval.

The reason for the wait has to do with damage caps imposed by the state on injury claims against the government. In cases where the government’s sovereign immunity protection is waived, the most a plaintiff can expect to receive is $200,000.

However, in cases where there has been a catastrophic injury or death, that amount barely covers medical expenses. Sometimes, that amount isn’t enough even for that, let alone loss of earnings or damages for pain and suffering. The only way a higher amount can be paid – even if the government agency concedes negligence and agrees to pay it – is with legislative approval. That means a bill must be introduced and approved by state lawmakers.

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Published on: April 4, 2015

GEICO v. Kisha – Injury Cases Can’t be Decided on Emotion

By Dean Freeman

Although many personal injury cases inherently conjure emotion in those responsible for deciding their outcome, courts must work hard to ensure emotion is not a substantial factor in the final judgment.

For example, strong dislike of a plaintiff shouldn’t affect whether a jury finds that person entitled to damages, just as dislike of a defendant should not render them liable. But humans are emotional creatures. Sometimes defendants are unlikable and sometimes plaintiff’s situation is so awful, one can’t help but feel for them.

But if a jury does make a decision that is infused with sympathy and based on emotion rather than fact, it must be set aside.

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Published on: March 18, 2015

$1.3 Million Injury Verdict Upheld, Save for Prejudgment Interest

By Dean Freeman

An appellate court has affirmed a $1.3 million award of damages to a man seriously injured in a rear-end car crash, although the court did remand for recalculation of prejudgment interest.

According to court records, defendant was the employer of the driver/owner of the vehicle that negligently struck the rear end of plaintiff’s vehicle, resulting in plaintiff’s hospitalization and several surgeries.

Plaintiff at the center of the case was once a physically active man. He engaged in vigorous running. He bench-pressed 250 pounds regularly. He played basketball, engaged in water sports and often went “off-roading” in all-terrain vehicles.

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Published on: October 25, 2014

Woman Killed in a “Freak Accident” at Miami-Broward Carnival

By Dean Freeman

Miami is an epicenter of cultural events where diverse communities throng together for carnivals, music festivals, and celebrations. In a tragic accident, a woman was killed at the annual Miami Broward One Carnival and parade that honors the Caribbean culture. According to reports, a 54-year-old woman was struck by a trailer and killed in a tragic accident. The victim was participating in the parade in costume as a masquerader from the Mascots International Mas Band when she dropped her cell phone on her way to the main stage. When she bent over to pick up the phone between a truck and trailer, the box truck started up and she was struck by the rolling trailer.

Investigations continue, but witnesses report the box truck was hitched to a trailer and at a stop so that the dancers could perform for event judges. The victim was struck by the trailer during the performance and suffered fatal injuries. She was rushed to the Kendall Regional Trauma Center, but later passed away. This is a tragic case involving a preventable accident that demands a thorough and independent investigation. The victims’ family may be entitled to significant compensation for medical expenses, funeral costs, and other losses related to the accidental death.

Heavy traffic, moving vehicles, alcohol, tents, and other hazards at public events can pose a risk of injury or fatality for attendees. In the event of an accident an experienced advocate should review the evidence, identify the cause of injury, and pursue relevant claims against individuals or entities. Liability at public events can be complicated. In this case, an investigation can determine whether the parade had proper oversight, whether the driver was under the influence or had been negligent, and what other factors may have contributed to the accident.

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Published on: June 17, 2014

Limitations on Independent Medical Exams Explored in Goicochea v. Lopez

By Dean Freeman

It’s not uncommon for a plaintiff in a personal injury action to be asked to submit to an independent medical examination by the defense.

Don’t let the term “independent” fool you; the doctor is not impartial and is not your friend. Still, it’s often a necessary element to ensure fairness in civil litigation. Denying a defendant access to a key portion of the evidence – i.e., your medical condition – could be considered a miscarriage of justice.

That said, our Coral Springs injury lawyers know there comes a point when requests for examinations can become excessive. Florida courts have addressed this issue before, and it arose again recently in Goicochea v. Lopez, which came before the Third District Court of Appeals.
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Published on: January 28, 2014

Weak Enforcement of Florida’s Texting and Driving Laws

By Dean Freeman

Traffic laws and enforcement of those regulations through citations are intended to minimize violations and keep roads safe. When law enforcement agencies fail to enforce traffic laws, they could fail in providing a safeguard for other motorists sharing the road. A new Florida law against texting while driving is intended to prevent distracted driving and hold drivers accountable. What if the law goes unenforced? Is it still beneficial to reduce texting and driving on Florida roads?

According to recent reports, Florida’s texting and driving ban has gone largely unenforced in Broward County and throughout the state. Though the law went into effect in October, there have been few citations issued in South Florida and statewide. Our Fort Lauderdale personal injury attorneys are dedicated to preventing accidents and providing advocacy for individuals who are impacted by collisions. We are also committed to raising awareness to prevent accidents caused by distracted driving.
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Published on: January 4, 2014

Speed Blamed for Fatal Coral Springs Traffic Collision

By Dean Freeman

In a Christmas day accident in Coral Springs, two men were killed, according to CBS Miami. Officials are ruling speed a main factor in this accident.

It happened just before 5:30 a.m. along the 11900 block of Lake View Drive. Officers arrived on scene to find the car wrapped around a tree. They believe that it happened as the two were heading eastbound and lost control rounding a curve. Both 22-year-old men were pronounced dead at the scene.

Our car accident attorneys in Coral Springs understand that the economic cost to US society of speed-related crashes is estimated at more than $27 billion per year. It continues to be a factor in about a third of all fatal traffic accidents. Crash forces on impact double with every 10 mile per hour increase in speed above 50 miles per hour. As crash forces increase, so does one’s chances of being killed or seriously injured in a motor vehicle collision.
Continue reading →