Articles Posted in Car Accident

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.

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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.

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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.

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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.

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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.

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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.

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.

Recently, the district court of appeals for the State of Florida Sixth District issued an opinion in an appeal involving an insurance claim between Rosemary Arway and the Progressive American Insurance Company (Progressive). The trial court entered summary judgment against Arway on the grounds that her claim for underinsured motorist (UM) benefits under an insurance policy issued by Progressive was time-barred by a five-year statute of limitations running from the date of Arway’s collision with an underinsured, third-party tortfeasor. Progressive’s insurance contract with Arway, however, tolled
the statute of limitations until the tortfeasor’s bodily injury (BI) liability insurance benefits were fully paid to Arway. Accordingly, Arway timely filed her UM claim against Progressive, and the appellate court reversed and remanded the case for further proceedings.

Facts of the Case

On August 25, 2015, Arway was seriously injured in an automobile collision with an underinsured motorist. At the time of the collision, Arway was covered under a Florida automobile insurance policy issued by Progressive, which included UM benefits coverage. The UM coverage section of the policy (Part III) included an exhaustion provision, conditioning Progressive’s payment of UM benefits on the payment of all BI liability benefits by the underinsured motorist’s insurer, and the policy’s “General Provisions” section (Part VII) included a no-action provision, conditioning suit against Progressive on compliance with all policy terms.

On November 27, 2018, in accordance with the policy, Arway notified Progressive that the underinsured motorist’s insurer had tendered its BI coverage limits of $50,000 to settle Arway’s claims against the motorist, and Arway requested that Progressive approve the settlement and release of Arway’s claims against the motorist. On December 26, 2018 (three years, four months after the collision), Progressive approved the settlement and offered to pay Arway $1,000 to resolve her claim for UM benefits under the Progressive policy. Arway and Progressive traded several additional demands and counteroffers, and on December 21, 2020 (five years, four months after the collision), Arway demanded $150,000 from Progressive to resolve her UM claim. On January 15, 2021, Progressive denied Arway’s UM claim on the ground that the statute of limitations had run on August 25, 2020—five years after Arway’s collision with the underinsured motorist.

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