Car Accident

Understanding Uninsured Motorist Coverage and Insurance Obligations in Florida

Published on: October 27, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent decision by Florida’s appellate court sheds light on important issues surrounding uninsured motorist (UM) coverage and the responsibilities of insurance companies when policies are updated or expanded. The case involved whether a newly insured party added to an existing policy was entitled to UM coverage despite the original policyholder’s prior rejection. While the trial court initially ruled in favor of the new insured, the appellate court reversed this decision, clarifying how UM coverage is handled under Florida law.

In Florida, auto insurance policies must include UM coverage unless the named insured explicitly rejects it in writing. This coverage protects individuals involved in accidents with uninsured or underinsured drivers. Understanding when and how UM coverage applies, particularly when new individuals are added to a policy, is critical for drivers seeking compensation after a collision.

Uninsured Motorist Coverage and Policy Changes in Florida

In this Florida case, the dispute arose after a new spouse was added as a named insured to an existing auto insurance policy. The insurance company had not provided the newly added insured a new UM Selection/Rejection Form, leading to a lawsuit. The trial court ruled that the new insured should have been offered the opportunity to accept or reject UM coverage. However, the appellate court disagreed, stating that the original named insured’s rejection of UM coverage applied to all subsequent policy changes, including adding a new insured.

7-Year-Old Fatally Injured in Miami Car Accident Sparking Concerns About Road Safety

Published on: September 30, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A tragic car accident outside a Miami pharmacy has left a 7-year-old girl in critical condition after she was struck by a vehicle driven by an elderly woman. The child was walking with her mother when the accident occurred, and she was taken to Jackson Memorial Hospital with severe head injuries where she fought for her life. However, sadly, the young girl recently passed away from her injuries. Friedman Rodman Frank & Estrada represent the girl’s family and are looking into all potentially liable defendants. Aside from the most obvious defendant, being the driver, Friedman Rodman Frank & Estrada is also considering a property negligence claim agains the owner of the property where the accident occurred.

Holding Older Drivers Accountable Under Florida Law

In the wake of this accident, increased attention has been paid to the role of elderly drivers and the risks they may pose on the road. Florida law does not impose an upper age limit on driving, but older drivers must renew their licenses more frequently and pass vision tests after age 80. Despite these regulations, age-related cognitive and physical declines can still contribute to dangerous driving situations, leading to tragic outcomes like this one.

When an elderly driver causes an accident, victims may pursue a personal injury claim to hold them accountable for their actions. In Florida, personal injury claims require proof of negligence. To establish negligence, the victim (or their family) must demonstrate that the driver owed a duty of care to others on the road, breached that duty through careless or reckless actions, and that this breach directly caused the victim’s injuries.

In this case, the driver reportedly mistook the accelerator for the brake, resulting in the collision. This type of error, particularly when a pedestrian is involved, could likely be seen as a breach of the driver’s duty to operate the vehicle safely. If negligence can be proven, the family may be entitled to compensation for medical expenses, pain and suffering, and other damages.

Understanding Your Rights After a Fatal Miami DUI Crash

Published on: September 22, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Driving under the influence of drugs is as dangerous as driving under the influence of alcohol, and it’s just as illegal under Florida law. If any substance impairs a driver’s ability to operate a vehicle—whether it’s illegal drugs, prescription medications, or even some over-the-counter drugs—they can face DUI charges. These accidents often result in severe injuries or death, and victims of these crashes can seek compensation for their losses.

A recent accident in downtown Miami shows just how dangerous drug-impaired driving can be. A New York woman reportedly admitted to driving under the influence of a synthetic drug known as “pink cocaine” when she ran a red light and caused a three-car accident. The crash killed two people and left others injured. If you or a loved one has been injured in a Florida accident caused by a drug-impaired driver, it’s essential to understand how Florida law applies to these cases and what your legal options are for seeking compensation.

Miami Drug-Impaired Crash Raises Serious Legal Concerns

The Miami accident involving a driver impaired by “pink cocaine” has brought attention to the serious legal consequences of driving under the influence of drugs. According to reports, the driver ran a red light while under the influence of the synthetic drug, causing a collision with two other vehicles. Tragically, two people lost their lives, and others suffered injuries as a result of the crash. The driver also attempted to flee the scene but was stopped by witnesses.

Hit-and-Run Accidents in Florida

Published on: September 15, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent tragic accident involved a hit-and-run crash in which a driver fled the scene, leaving one person dead and another injured. The collision occurred after a driver ran a red light, causing significant damage to multiple vehicles and surrounding property. This kind of reckless behavior, coupled with the failure to render aid, leaves families devastated and victims without immediate help. In such situations, seeking legal assistance becomes vital for ensuring justice and securing compensation for the victims and their families.

In Florida, hit-and-run accidents carry severe legal and personal consequences. Understanding how these cases are handled under Florida law and the long-term impact on the victims can help you take appropriate legal action if you are in a similar situation.

Why Hit-and-Run Accidents Occur

Unfortunately, hit-and-run accidents are all too common. These accidents leave victims devastated, but they also raise an important question: Why do drivers flee the scene in the first place? The reasons behind these actions are varied, and understanding them can shed light on the following legal and personal challenges.

Speeding Florida Driver Causes Fatal U-Turn Accident

Published on: August 29, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Although common on many roads, U-turns can be particularly hazardous when not executed correctly. These maneuvers require drivers to cut across multiple lanes of traffic, making them especially risky at busy intersections. The potential for severe collisions increases significantly when drivers misjudge the speed of oncoming traffic or other vehicles traveling at high speeds. Unfortunately, U-turn accidents often result in devastating outcomes, including severe injuries and fatalities.

Fatal U-Turn Accident in Sunrise Results in Four Deaths

A tragic accident in Sunrise, Florida, claimed the lives of four people, including a child, last month. The incident occurred around 6:40 a.m. at the intersection of West Oakland Park Boulevard and Northwest 64th Avenue. According to witnesses, one of the vehicles involved was making a U-turn when it was struck by another car traveling at an extremely high speed.

One witness, who was at a nearby bus stop, described the horrifying moment when the speeding car crashed into the vehicle attempting the U-turn. “I would say like 100 miles, not less,” the witness said, highlighting the intensity of the impact. The force of the collision was so severe that bystanders had to assist the driver out of the smoking vehicle, and emergency responders were forced to cut open the car to reach the occupants.
Tragically, the driver and passengers in the vehicle making the U-turn did not survive. The driver of the speeding car was transported to the hospital with head injuries. As authorities continue to investigate the circumstances surrounding the crash, the community is left grieving the loss of these four lives.

The Devastating Impact of Florida Red Light Accidents

Published on: August 22, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Red light accidents are among the most dangerous types of collisions on the road. When drivers fail to obey traffic signals, the results can be catastrophic, often leading to severe injuries or even fatalities. These accidents frequently occur at high speeds and can involve multiple vehicles, making them particularly deadly. In Florida, where traffic congestion and high-speed driving are common, the risk of red light accidents is ever-present. The tragic consequences of these collisions can leave families grieving the loss of loved ones and dealing with the aftermath for years to come.

Miami Gardens Crash Claims Life of Young Man

In a heartbreaking incident, a young man lost his life in a crash that occurred in Miami Gardens early Tuesday morning. The crash happened at the intersection of Miami Gardens Drive and NW 22nd Avenue, a location known for its busy traffic flow. The victim, a 21-year-old man, was driving when another driver reportedly ran a red light and collided with his vehicle.
The victim’s mother, who has been left devastated by the loss of her son, recounted the moments leading up to the tragic news. She received a text message from her son’s phone, indicating that it appeared to have been involved in an accident and providing a location via GPS. Rushing to the scene, she desperately sought information from the authorities. It was then that she learned her son had died in the crash. The at-fault driver was taken to the hospital, but the damage had already been done.

Understanding How Red Light Accidents Happen

Red light accidents occur when a driver fails to stop at a traffic signal, leading to a collision with vehicles with the right of way. These accidents are often the result of distracted driving, speeding, or reckless behavior. Sometimes, a driver mistakenly believes they can make it through the intersection before the light changes, only to cause a severe accident.

Florida Appellate Court Affirms Verdict in Auto Accident Case

Published on: June 29, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida appellate court decision has highlighted the difficulties of many Florida auto accident cases. The court upheld a verdict against the plaintiff, who had argued that the trial court mishandled objections to the defense’s questioning. The appellate court found that these objections did not impact the verdict. Testimonies about inconsistencies between the plaintiff’s trial and deposition statements and expert reports concluded that the plaintiff could have avoided the accident. The court also noted that the plaintiff’s attorney failed to object to witnesses’ testimonies regarding deposition transcripts.

Car accident cases can be extremely complex and challenging. They often require detailed and consistent testimonies and thorough expert analysis. In this case, the plaintiff’s loss underscores the importance of having an experienced personal injury attorney to navigate these difficulties. Expert testimony and identifying and correcting procedural errors are vital in these cases.

The Role of Expert Testimony in Auto Accident Cases

Expert testimony is critical in auto accident cases. Experts provide essential insights into how an accident occurred and whether it could have been prevented. In the recent Florida appellate case, experts analyzed the plaintiff’s speed and concluded that she could have avoided the accident. This testimony was pivotal in the court’s decision to uphold the verdict.

Experts such as accident reconstructionists and medical professionals offer valuable perspectives that lay witnesses cannot provide. Their analysis covers various factors, including vehicle speed, road conditions, driver reaction times, and injury severity. This detailed evidence can determine a case’s outcome.

Florida Appeals Court Addresses Going-and-Coming Rule in Car Accident Involving an Injured Minor Child

Published on: June 15, 2024 | by Friedman Rodman Frank & Estrada, P.A.

A recent Florida accident case before the Third District Court of Appeal involved a minor child injured in a car accident. The parents of the child appealed the trial court’s decision to grant summary judgment in favor of the defendant, Royal Plus, Inc. The court evaluated the three-prong test of respondeat superior and concluded that the driver involved in the accident was not acting within the scope of his employment. As a result, Royal Plus was not held vicariously liable for the driver’s alleged negligence. The appellate court affirmed the trial court’s decision, reinforcing the application of the going-and-coming rule in Florida. This case highlights how challenging Florida car accident cases can be, making it crucial to have a skilled Miami car accident attorney on your side.

Going-and-Coming Rule in Florida Negligence Lawsuits

The going-and-coming rule is a legal doctrine used in Florida to determine whether an employer can be held liable for the actions of their employees while they are commuting to or from work. This rule generally states that an employer is not liable for the actions of their employees during these commutes. This principle was a key factor in the recent decision by the Third District Court of Appeal.

In the case at hand, the court examined whether the driver was acting within the scope of his employment at the time of the accident. To hold an employer liable under the doctrine of respondeat superior, three conditions must be met:

The employee’s conduct must be of the kind they are employed to perform;
The conduct must occur substantially within the time and space limits authorized by the employer; and
The conduct must be motivated, at least in part, by a purpose to serve the employer.

In this case, the driver was found not to be acting within the scope of his employment during his commute, leading the court to uphold the summary judgment in favor of Royal Plus. This decision underscores the importance of understanding the going-and-coming rule and its implications in negligence lawsuits.

Hit-And-Run Crash Leaves Pedestrian Dead in Little Havana, Miami

Published on: May 31, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Florida experiences a high level of hit-and-run accidents on a yearly basis. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Florida has seen the number of hit-and-run crashes remain steady, with nearly 25 percent of all crashes involving a hit-and-run. The FLHSMV notes that in 2023, there were 104,273 hit-and-run crashes in Florida, a decrease of less than 1% from 2022. Hit-and-run crashes in 2023 resulted in 271 fatalities and 871 serious bodily injuries. Vulnerable road users are particularly at risk. Of the 271 hit-and-run fatalities in 2023, 159 were pedestrians and 47 were bicyclists (76% of hit-and-run fatalities). Of Florida’s 104,273 hit-and-run crashes last year, 86,987 involved property damage only. In 2023 alone over 81% of hit-and-run fatalities occurred during dawn, dusk, or nighttime conditions. Under Florida law, a driver MUST stop immediately at the scene of a crash on public or private property which results in property damage, injury, or death.

There are many reasons why a driver may flee the scene after an accident. The primary motivating factor is likely that the driver wants to avoid the legal or financial consequences of the accident. Depending on the cause of the crash, drugs, alcohol, outstanding warrants, texting, or distracted driving, there could be serious legal ramifications, leading to the driver leaving the scene. Other reasons, such as lacking proper insurance, holding a commercial driver’s license, or driving the vehicle without permission, could result in significant financial consequences for the driver, leading them to flee the scene. A recent news article described a fatal Florida hit-and-run crash.

According to the news article, police are still searching for a driver who they say ran away from a dangerous crash that left his girlfriend dead and six other people injured near Miami Shores. The man who ran away was driving down Northwest 17th Avenue with his girlfriend. He collided with a black Dodge Ram and a Mercedes-Benz that was going east on Northwest 95th Street. After the crash, the driver ran away — not stopping to help the injured or report the crash, police said. His girlfriend died from the collision, and six others were taken to hospitals in various conditions, from minor to critical.

Teenager Charged in Fatal Florida Car Crash Case

Published on: May 22, 2024 | by Friedman Rodman Frank & Estrada, P.A.

Unfortunately, Florida consistently ranks highly on the list of states with the most traffic accidents each year. One of the most accurate ways to measure risks of fatal car accidents given disparities in populations of states is to measure deaths per 100 million miles traveled in a state. According to the Insurance Institute for Highway Safety, Florida has a rate of 1.60 deaths per 100 million miles traveled, placing Florida behind only a handful of other states when it comes to the risk of drivers and passengers being killed in crashes. In Florida, roughly 40% of all crashes result in injuries, but most notably, fatalities stemming from car crashes have been on the rise since 2018. In particular, highway crashes can result in a higher fatality rate. Due to the higher speed limits, accidents on the highway can have more serious implications than slower-speed crashes.

When it comes to crashes and accidents, Florida drivers and passengers should be aware of the factors that can be used to calculate pain and suffering damages after a crash. These elements include but are not limited to the type of injury, recovery time required, necessary treatment, and the severity of the accident. These different factors can help determine the value and compensation in court after an auto accident. Many of these elements are tied together, as the more serious the accident, the more likely the recovery time will be longer. A recent news article discussed a fatal Florida car accident.

According to the news article, a 15-year-old unlicensed driver has been arrested and charged in the fatal Florida crash that killed 2 women and severely injured another. Police said the teen was read his rights on the night of the crash and “Post-Miranda, during a video-recorded interview, the defendant confirmed he was the driver of the Nissan Murano at the time of the traffic crash and that he has never been issued a driver’s license, and that he obtained the keys of the vehicle without the permission from the owner.” Authorities said that through investigative means the Nissan Murano reached speeds of 83 miles per hour, two seconds before impact. Police said the teen, who is not being identified because of his age, has been arrested and charged accordingly. The crash happened Tuesday evening in the 400 block of Southeast 5th Street in Hialeah.