Car Accident

Witness Credibility in Florida Personal Injury Cases

Published on: May 22, 2019 | by Friedman Rodman Frank & Estrada, P.A.

One of the most important aspects of a Florida personal injury case is the credibility of the witnesses that a party plans to call at trial. Indeed, in many Florida car accident claims, the case comes down to a “he said, she said” situation where one witness’ testimony is directly contradicted by another’s. When this is the case, ultimately, the jury must determine which party’s witnesses were more credible.

Before a Florida personal injury case ever reaches trial, the defendant will likely file a motion for summary judgment, arguing that the plaintiff’s case is insufficient as a matter of law. Essentially, when a defendant files a summary judgment motion, they are claiming that the important factual issues necessary to decide the case are not contested, and when the court applies the law to these facts, a defense verdict is warranted.

Importantly, summary judgment is appropriate only if the defendant can show there are no issues of material fact that must be resolved by the jury, and the defendant is entitled judgment as a matter of law. Thus, there are two ways to defeat a motion for summary judgment. First, the plaintiff can show that there is at least one issue of material fact that is not resolved by the evidence presented thus far. Second, the plaintiff can argue that when the law is applied to the uncontested facts, a verdict in the plaintiff’s favor is appropriate. So, while a witness’ credibility is of critical importance at trial, it is almost irrelevant in a motion for summary judgment. A recent state appellate decision illustrates this concept.

Florida Personal Injury Cases Involving Multiple Potential Legal Standards

Published on: May 20, 2019 | by Friedman Rodman Frank & Estrada, P.A.

In March 2019, a state appellate court issued a written opinion in a personal injury case involving a golf cart accident that occurred on the defendant’s property. The case required the court to determine whether the plaintiff’s claim against the defendant was more appropriately characterized as a premises liability case or a motor vehicle accident.

The case is important for Florida personal injury victims because it illustrates that there are often multiple theories of liability a plaintiff may be able to pursue against a defendant. In addition, the case shows that the outcome of a plaintiff’s claim may depend on the theory of liability they choose to pursue.

According to the facts section of the appellate court’s opinion, the plaintiff was injured in a golf cart accident. At the time of the crash, the defendant was driving the golf cart, and the accident occurred on the defendant’s land. The plaintiff sustained serious injuries as a result of the accident, and filed a personal injury case against the defendant. Specifically, the plaintiff claimed that the defendant negligently operated the golf cart, resulting in her injuries.

The Importance of Ensuring all Vehicles Are Covered under a Florida Auto Insurance Policy

Published on: May 7, 2019 | by Friedman Rodman Frank & Estrada, P.A.

While insurance is supposed to provide a motorist with peace of mind after a Florida car accident, in reality, the opposite is often true. Because insurance companies are for-profit corporations, they rely on taking in more money each month in premiums than they pay out in claims. Thus, insurance companies approach each claim with the same goal: expending as little money as possible to resolve the claim.

In some cases, insurance adjusters will offer low-ball settlement agreements knowing the claim is worth much more in hopes of catching an accident victim in a moment of desperation. In other situations, insurance companies will outright deny a claim based on their interpretation of the policy language. For this reason, it is critical that Florida motorists take care to ensure that they understand their insurance coverage and that it meets their needs. A recent opinion issued by a state appellate court illustrates just one type of issue that may arise after a Florida car accident.

According to the court’s written opinion, the plaintiff was killed in a traffic accident when he was struck while riding a moped. The moped was powered by a small 49cc motor, similar to that which would power a scooter. The motorist’s family initially filed a claim with the other driver’s insurance company. However, because that policy only provided $100,000 in benefits, the family then filed a claim with their insurance company under the underinsured motorist (UIM) provision of the policy.

Families of Florida Teens Killed in Car Accident Recover $10 Million Jury Verdict

Published on: April 25, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a jury returned a substantial verdict in favor of two families, each of which lost a teenage child in a fatal 2018 Florida car accident. According to a recent news report covering both the tragic accident as well as the jury’s recent verdict, the collision occurred in the evening hours when the at-fault driver crashed head-on into the teens’ vehicle.

Evidently, a 99-year-old man was operating an RV that was traveling the wrong way on a divided highway in Fort Pierce. The teens were also traveling on the divided highway, and were unable to avoid a collision with the RV. The two vehicles collided head-on. As it turns out, the RV was being operated without headlights, although it was dark outside at the time of the accident.

Both teens were killed in the accident, and the driver of the RV died a few days later. There was some evidence suggesting that the at-fault driver had previously been determined to be incompetent to drive in Michigan. However, it also appears that the man had also recently taken and passed the Michigan driver’s exam.

Court Discusses “Drug and Alcohol Defense” in Recent Florida Motorcycle Accident Case

Published on: April 12, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Last month, a state appellate court issued an opinion in a Florida motorcycle accident case discussing the “drug and alcohol defense” which, in certain situations, can completely preclude a plaintiff’s ability to recover for their injuries after a serious accident.

Under Florida’ comparative fault system, even a plaintiff who is partially at fault can recover for their injuries. In these situations, the court would first determine the appropriate amount of damages the plaintiff sustained as a result of the accident and then reduce the actual damages award by the plaintiff’s own percentage of fault.

The drug and alcohol defense is an exception to this general rule. Under Florida Statutes section 768.36, a plaintiff cannot recover for their injuries if the defendant can establish that the plaintiff was 1.) “under the influence of any alcoholic beverage or drug to the extent that the plaintiff’s normal faculties were impaired,” or that the plaintiff’s blood-alcohol content was .08 or greater, and 2.) “as a result of the influence of such alcoholic beverage or drug the plaintiff was more than 50 percent at fault for his or her own harm.”

Florida Court Considers Notice Requirement in Bad-Faith Claim against Insurance Company

Published on: March 28, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether the plaintiff’s claim that her insurance company acted in bad faith should be permitted to proceed towards trial. Ultimately, the court held that although the insurance company eventually made payment under the plaintiff’s policy, the payment was too late. Thus, the court permitted the plaintiff’s case to proceed.

Bad-Faith Claims Against Insurance Companies

Under Florida law, insurance companies must provide timely payment to policyholders. If an insurance company does not make payment on an insured’s claim, the insured can pursue a bad-faith claim against the insurer. However, before this type of claim can be pursued, the insured must file a civil remedy notice (CRN), giving the insurance company 60 days to respond and cure the bad faith.

The Facts

In its opinion, the court explained that the plaintiff and another driver was involved in a Florida car accident in the summer of 2013. For the purposes of this opinion, it was agreed that the plaintiff was not at fault. Both the plaintiff and the at-fault driver were insured by the same insurance company. Because the plaintiff’s injuries were serious and exceeded the coverage limits of the at-fault driver’s policy, the plaintiff filed a claim under the at-fault driver’s policy as well as her own underinsured motorist (UIM) policy.

The Rear-End Collision Presumption Under Florida Personal Injury Law

Published on: March 18, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Typically, when a Florida car accident victim files a case against another driver, they must establish that the defendant’s conduct was negligent and that their negligence caused the plaintiff’s injuries. However, under certain circumstances, the law imposes what is called a presumption of negligence. A “presumption” allows for a judge or jury to conclude a fact based on the surrounding circumstances unless it can be shown by greater evidence that the presumption should not apply.

One example of a legal presumption in Florida personal injury law is the rear-end collision presumption. In Florida rear-end collisions, without any additional showing, the rear driver is presumed to have been negligent. However, that does not necessarily mean that the rear driver’s negligence was the sole cause of the accident. A recent case illustrates how Florida courts apply the rear-end collision presumption.

The Facts of the Case

According to the court’s recitation of the facts, the plaintiff was rear-ended by the defendant as she was driving on a Florida highway. The plaintiff and defendant offered differing versions of the events leading up to the accident; however, the defendant admitted that he could have avoided the accident had he not been following so closely.

Holding a Florida Employer Responsible for the Negligence of an Employee

Published on: March 14, 2019 | by Friedman Rodman Frank & Estrada, P.A.

An important consideration in any Florida personal injury case is whether a plaintiff will be able to collect on a judgment if they are successful at trial. For example, the financial and emotional expense of taking a case to trial against a defendant who does not have sufficient assets to cover a judgment may not make sense. Thus, it is essential that Florida personal injury victims name all potentially liable parties.

In many cases, this means naming the employer of the at-fault party as a defendant. Generally speaking, employers have more substantial assets than employees, and they may also have higher-limit insurance policies making collecting on a judgment much less of a headache for a successful plaintiff.

In Florida, an employer may be liable for the negligent acts of an employee, even if the employer was not negligent in causing the accident. This is referred to as vicarious liability. Of course, employers cannot be named in every Florida personal injury accident. In Florida, to establish that an employer is liable for the negligent acts of an employee, the plaintiff must show that the at-fault employee was acting within the scope of his employment at the time of the accident and that he was “engaged in his master’s business.” A recent state appellate decision illustrates how courts view vicarious liability claims.

Florida Personal Injury Cases Against the Federal Government Are Not Subject to Minority Tolling

Published on: March 4, 2019 | by Friedman Rodman Frank & Estrada, P.A.

One of the most common concerns among Florida personal injury victims is when they must file their claim. Typically, all personal injury claims must be brought within a certain amount of time, which is outlined in the statute of limitations. However, the rules differ when cases name state or federal government entities. Recently, a federal appellate issued a written opinion discussing whether a claim brought under the Federal Tort Claims Act is tolled while the plaintiff is a minor.

The Accident

According to the court’s opinion, when the plaintiff was five years old, his father was killed in a car accident on an interstate highway. The plaintiff’s mother filed a timely administrative claim with the Federal Highway Administration (FHWA) claiming that a highway barrier that had failed during the accident was not adequately tested or approved for use. Five years after the accident, and while the plaintiff was still a minor, the plaintiff’s mother filed a personal injury case against the FHWA in federal district court on behalf of the plaintiff.

The Federal Tort Claims Act

Generally, the federal and state governments are immune from tort liability. However, under the Federal Tort Claims Act (FTCA), specific lawsuits can be brought against the U.S. government and its subdivisions. To bring such a lawsuit, plaintiffs must comply with strict procedural requirements. Among these requirements is a two-year statute of limitations.

Florida Court Determines Residential Community Is Not Liable for Car Accident Allegedly Caused by Dangerous Parking Policy

Published on: January 15, 2019 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a state appellate court issued a written opinion in a Florida car accident case discussing whether a private residential community could be held liable for the injuries sustained by motorists who were involved in a collision within the community. Ultimately, the court concluded that any alleged negligence of the community was not the proximate cause of the car accident, and thus the plaintiff’s case was dismissed.

The Facts of the Case

According to the court’s opinion, the plaintiffs were driving through a residential community when another motorist rear-ended them. Evidently, the plaintiffs’ vehicle had come to a stop to allow oncoming trucks to pass through a narrow area of the road where there were cars parked on both sides of the street. As the plaintiffs waited for the vehicles to pass, they were rear-ended.

The plaintiffs filed a Florida personal injury lawsuit against the motorist that struck their vehicle as well as the residential community. In support of their claim against the residential community, the plaintiffs cited a city code that prohibited parking on both sides of the street. Apparently, when the community was first created parking was only permitted in the driveways of residents’ homes; however, after discovering that this policy resulted in a severe parking shortage, the community allowed parking on both sides of the street. The plaintiffs claimed that by allowing residents to park on both sides of the road in violation of the city ordinance, the residential community was partially responsible for the accident.