Florida personal injury cases are routinely decided by a jury, unless both parties agree that a judge should hear the case. When a jury is empaneled, it should be representative of the community where the case will be heard. Almost always, juries consist of laypeople, meaning that the individual jurors…
Articles Posted in Car Accident
Court Determines Good Samaritan Was “Occupying” Vehicle While Providing Road-Side Assistance, Requiring Insurance Company to Cover Accident Victim’s Claim
Anyone who has been injured in a South Florida car accident knows how difficult it can be dealing with insurance companies. In many cases, insurance companies will seek out ways to settle claims for as little as possible or deny claims outright. Earlier this month, an appellate court in Rhode…
Evidence of Similar Incidents Involving an Alleged Defect May Be Admissible in Some Product Liability Lawsuits
When someone is injured due to a negligently designed or defectively manufactured product, they may be able to pursue compensation for their injuries from several parties, including the manufacturer, distributor, and retailer. These product liability lawsuits often are brought under a theory of strict liability, which does not require a…
Report Indicates Driver in Fatal Auto-Pilot Accident Was Given Many Warnings Prior to Fatal Collision
Last year, a Florida motorist was killed in a traffic accident when the Tesla car he was operating crashed into the side of a semi-truck. Evidently, the Tesla was traveling at highway speeds when a semi-truck pulled in front of the car. At the time, the Tesla was in auto-pilot…
Who Is Responsible in Florida When Someone Causes an Accident Using a Borrowed or Stolen Car?
In many South Florida auto accident cases, there are actually several parties who can potentially be held responsible for a victim’s injuries. For example, if an employee causes an accident while on the job, both the employee as well as the employer can often be named in a subsequent personal…
Personal Injury Plaintiff’s Case Against Government Entity Dismissed for Failing to Comply with Procedural Requirements
Last month, an appellate court in Georgia issued a written opinion in a personal injury case involving a car accident between the plaintiff and an employee with the Department of Transportation. Ultimately, the court determined that the plaintiff’s complaint did not conform to the mandatory procedural requirements of a complaint…
Florida Courts Will Not Apply “Firefighter’s Rule” to Prevent Cases Filed by Injured Emergency Responders
As a general rule, people do not have a duty to assist in the rescue efforts of another party in danger. However, if a passerby does decide to assist in rescue efforts, the party who is in need of rescue has a duty of care to the person or people who…
A Parent’s Legal Liability for Accidents Involving Their Children
Kids make mistakes, and as a general rule, the law does not allow people injured by a child’s negligent actions to seek compensation from the child or from the child’s parents. However, when a child causes an injury due to willful misconduct or is engaging in certain designated dangerous activities when…
Florida Appellate Court Upholds Defense Verdict in Car Accident Case
Earlier this month, a Florida appellate court issued a written opinion in a personal injury case brought by a motorist who was rear-ended by another driver. The court ultimately affirmed the jury’s verdict in favor of the defendant despite the fact that the defendant driver admitted that he was at…
Study Shows Increase in Car Accident Deaths in 2016
In Florida, as in any other state, all drivers have a duty to drive in a careful and prudent manner so that they can avoid endangering others’ persons or property. If a driver breaches that duty and injures someone, the driver may be held liable for injuries and other damages.…