South Florida accident and personal injury cases often involve two or more conflicting stories, and it can be up to a judge or jury to decide who is telling the truth. Plaintiffs and defendants in a Miami personal injury lawsuit must offer evidence to prove their side of the story.…
Articles Posted in Car Accident
Admission of Seat Belt Non-use Evidence in Auto Accident Cases on the Rise
The Supreme Court of Arkansas recently released an opinion that overturned an Arkansas law that had made evidence of seat belt non-use inadmissible to prove a plaintiff’s comparative negligence in a personal injury claim. The statute had been designed to prevent defendants from avoiding responsibility for injuries resulting from their negligence…
State Supreme Court Reverses $4.5 Million Award in Auto Accident Case
The Supreme Court of the State of Nevada recently released a decision in which a trial award of nearly $4.5 million was reversed, and the court ordered a new trial. The state high court found that the lower judge’s exclusion of the defendant’s low-impact accident defense, as well as her…
Jury Finds General Motors Not Liable for Crash Alleged from Recalled Ignition Switch
A New York jury recently reached a verdict in favor of the defendants in a product liability lawsuit that was filed by a couple who alleged that they were injured in a 2014 accident that was caused by a faulty ignition switch in their 2007 Saturn Sky. The jury found…
State Supreme Court Agrees Landowner is Not Responsible for Auto Accident Caused by Tenant’s Escaped Horse
The Supreme Court of the state of Vermont recently released a decision affirming a lower court’s ruling that the owner of a piece of property would not be held legally responsible for injuries that were caused in an auto accident after a horse escaped from the owner’s property and was…
Defense Verdict Reversed in Road Rage Case Based on Withheld Information
Earlier this month, a West Virginia appellate court issued an opinion in a case that arose after a hated exchange between two motorists caused a truck driver to crash. In the case, Phillips v. Stear, the lower court entered a verdict in favor of the defense. However, on appeal that…
Florida Accident Victim’s Bad-Faith Claim Against Insurance Company Results in $1 Million Verdict
Insurance companies can be difficult to deal with. Whether it is an aggressive representative trying to get an accident victim to settle a case for a low-ball amount or a claims adjuster denying a seemingly valid request for compensation, insurance companies are not known for their customer service. In fact, in many…
Tampa Court Declines to Dismiss Class Action Lawsuit Filed Over Car Accident Victim PIP Payments
In AA Suncoast Chiropractic Clinic, PA v. Progressive America Ins. Co., a group of Florida chiropractic clinics filed a class action lawsuit against an insurance company, claiming the insurer breached its contract when it failed to reimburse the medical providers for the care each provided following various motor vehicle collisions.…
Miami Court Examines Factors to Consider When Reviewing a Motion to Transfer Venue Following Unfortunate Car Accident
In Morrissey v. Subaru of America, Inc., a couple was injured when the vehicle one spouse was driving unexpectedly accelerated and collided with a stone fence in the United States Virgin Islands. Sadly, the wife was left permanently paralyzed as a result of the crash. Following the incident, the couple…
Jury’s Pain and Suffering Award Upheld Following Miami-Dade County Car Accident
Florida’s Third District Court of Appeal has reinstated a jury’s award in a traffic accident case. In Ortega v. Belony, a Florida man suffered a broken neck in a Miami-Dade County automobile collision. Following the car accident, the man was hospitalized for eight days and wore a medical halo device…