Motor Vehicle Accident Category Archives — Page 25 of 28 — South Florida Injury Attorneys Blog Published by South Florida Injury Lawyers

October 30, 2019

Court Examines Summary Judgment Standard in Recent Florida Car Accident Case

A Florida appellate court recently issued a written decision in which it examined the summary judgment standard in a negligence case arising out of a traffic accident. According to the court’s opinion, the accident occurred at an intersection when a driver of a sports utility vehicle (SUV) was heading south on the road, while the plaintiff, on a motorcycle, was driving north. The driver of the SUV was making a left turn when the plaintiff, still heading north, crashed into the right front fender of the SUV. The plaintiff, who testified that he was unable to stop in time to avoid the crash, was seriously injured.

The driver of the SUV stated that he did not see the motorcycle coming because his view of oncoming traffic was obstructed by newly planted palm trees at the median. The city, which was the defendant in this case, was responsible for the palm trees, which had wooden supports at their base, allegedly blocking the driver’s view. The motorcyclist sued the city for negligent design and placement of the palm trees, because they obstructed driver’s views of oncoming traffic when making a turn.

In response, the city claimed that it did not know, nor should it have known, that the planting of the palm trees with the wooden supports created a dangerous condition. Under Florida law, if the city was correct, the suit could not move forward. The city filed a motion for summary judgment to end the lawsuit, which was granted by the trial court. The plaintiff then appealed.

May 29, 2019

Loss of Consortium Damages in Florida Personal Injury Cases

by Frankl Kominsky Injury Lawyers

Among the various types of damages that may be available through a Florida personal injury are loss of consortium damages. These damages are unique in that they are not designed to compensate the victim for any of the injuries they sustained, but instead focus on providing the spouse of the injury victim compensation for loss of the “sexual relationship, affection, solace, comfort, companionship, conjugal life, fellowship, society, and assistance necessary to a successful marriage.”

Under Florida personal injury law, a loss of consortium damage claim is filed by a “deprived spouse,” based on injuries that the “impaired spouse” suffered. To successfully file a claim for loss of consortium, a deprived spouse must be able to establish:

that a valid marriage existed between the deprived spouse and impaired spouse at the time of the injury;

April 25, 2019

Can an Intoxicated Accident Victim Recover for Their Injuries in a Florida Personal Injury Lawsuit?

by Frankl Kominsky Injury Lawyers

Florida law generally allows for an accident victim to recover for their injuries, even if they are partially at fault for causing the accident in which the injuries resulted. In Florida, this concept is known as comparative negligence. Being a modified comparative negligence jurisdiction, Florida accident victims who share responsibility for causing an accident will not be prevented from recovering for their injuries. Instead, accident victims will have their total damages award reduced by their own percentage of fault.

For example, if a party is injured in an accident and sustains $500,000 in damages, and the jury determines that the plaintiff is 20% responsible and the defendant 20% responsible, the plaintiff’s ultimate recovery amount would be $400,000 ($500,000 – (.20 x $500,000)).

If, however, an accident victim is under the influence of drugs or alcohol at the time of the collision, Florida’s drug and alcohol exception may apply. Florida Statutes Section 768.36 contains the drug and alcohol exception, which states a plaintiff is prevented from recovering for their injuries if the defendant can show that:

March 27, 2019

Appellate Court Discusses the Concept of Comparative Fault in Recent Florida Car Accident Case

by Frankl Kominsky Injury Lawyers

Recently, a state appellate court issued an opinion in a Florida car accident case discussing whether the trial court was correct in determining that the defendant’s negligence was the sole cause of the accident resulting in the plaintiff’s injuries. Ultimately, the court concluded that the lower court was correct in finding that the defendant was negligent; however, the court went on to explain that the jury should have been allowed to consider whether the plaintiff’s actions contributed to the accident.

Comparative Fault in Florida Personal Injury Law

While the negligence of one party is the sole cause of some Florida car accidents, it is not uncommon for a plaintiff to bear some responsibility for causing an accident. Under Florida personal injury law, a plaintiff is not precluded from recovering for their injuries merely because they are partially at fault. Instead, the law allows a plaintiff to recover a reduced amount, based on their own percentage of fault.

The Facts of the Case

According to the court’s opinion, the plaintiff’s vehicle was struck from behind by the defendant. It was agreed that the plaintiff had planned to make a U-turn, but realized that it was not legal to do so at that particular intersection. The plaintiff claimed that she began to veer into the center median, but never applied the brakes and maintained a speed of about 30 miles per hour.

December 26, 2018

Distracted Driving Causes Over 50,000 Florida Car Accidents Annually

by Frankl Kominsky Injury Lawyers

According to recent statistics by the Florida Highway Safety and Motor Vehicles, distracted driving can be visual, manual, or cognitive. Examples of distracted driving include texting, eating, checking your GPS, unsecured pets, adjusting the radio, tending to kids in the back seat, and even daydreaming. Government statistics show that there were 50,190 distracted driving crashes in Florida in 2017, 1,746 of which occurred in Palm Beach County.

Distracted driving can be the basis for a legal claim for damages against the distracted driver. Most claims arising out of Florida car crashes are the result of negligent conduct. To establish a Florida negligence claim, a plaintiff must prove: the defendant owed a duty of care to the plaintiff to conform to a certain standard of conduct; the defendant breached that duty; a causal connection existed between the defendant’s conduct and the plaintiff’s injuries.

Florida drivers are required to drive carefully and prudently to avoid endangering other people and property. This includes being attentive to the road at all times in order to be prepared for an emergency. In a motor vehicle claim, the plaintiff must show that the accident was a foreseeable result of the defendant’s actions. For example, causing a crash because a driver was distracted is a foreseeable result of failing to maintain attention to the road while driving.

November 28, 2018

Who Does Florida’s Move Over Law Protect?

by Frankl Kominsky Injury Lawyers

In the mid-1990s, states across the nation began to see an uptick in the number of roadside accidents. Many of these accidents involved those who operated emergency vehicles on the road’s edge, such as police officers, firefighters, emergency medical technicians, and tow truck drivers.

It was not until 2002 that Florida passed its first iteration of what has come to be known as the “Move Over” law. Since then, the law has undergone several amendments, and in its current form the law covers “emergency vehicles” and “wreckers.” Specifically, the law requires that all motorists traveling in the same direction of a stopped emergency vehicle “vacate the lane closest to the emergency vehicle,” as long as the road has two or more lanes. If an emergency vehicle or wrecker is stopped on a single-lane highway then passing motorists must slow down to a speed of 20 miles per hour under the posted speed limit or, if the speed limit is 25 miles per hour or less, to a speed of five miles per hour.

A violation of Florida’s move over law can result in a traffic citation. However, the import of Florida’s move over law does not stop there. It also makes recovery easier for those who have been injured after a motorist failed to comply with the move over law. If you have questions of this nature, reach out to a dedicated Florida motor vehicle accident attorney.

July 18, 2018

Florida Court Dismisses Claim Due to Plaintiff’s Concealment of Previous Injury

by Frankl Kominsky Injury Lawyers

Some parties try to get away with lying or concealing information relevant to a legal claim. However, the consequences of failing to provide honest and complete testimony can be dire. In a recent case before a Florida appeals court, the court dismissed a personal injury claim after the plaintiff concealed a history of low back injury.

In that case, the plaintiff was riding in a car owned by his girlfriend when they were hit by a truck that fled the scene. The plaintiff alleged that the girlfriend was negligent and that he suffered permanent injuries to his neck and lower back as a result.

The parties engaged in discovery and the plaintiff admitted that he injured his lower back about 30 years prior, but testified that it had healed and he had not had any problems since that time. However, a review of the plaintiff’s medical records later showed that he hurt his lower back several months before the incident when he slipped on a stepladder. His records also revealed that he reported having a “chronic” history of similar episodes as well as a herniated disc. Additionally, when he went to the emergency room after the most recent accident, he reported that his back pain started “a long time ago.”

March 7, 2018

Can a Judge Review a Florida Jury’s Decision?

by Frankl Kominsky Injury Lawyers

In most Florida personal injury cases, once a jury comes to a decision and enters a verdict, the case is over. Generally speaking, the jury’s decision regarding whether the defendant should be held liable to the plaintiff is fairly insulated from review and can only be overturned in the rarest of circumstances.

There are some situations, however, in which a jury’s decision regarding an award amount is subject to a judge’s review. Thus, if a jury finds that the defendant is liable to the plaintiff, enters judgment in the plaintiff’s favor, and then enters an award too large or too small, the judge can review the jury’s award. Under Florida Statute section 768.74, if the judge determines that the award was not appropriate, the judge can then order a remittur (reduction) or an additur (increase) in the award amount.

Section 768.74 lays out several considerations that a judge should take into account when asked to review a jury’s award. These include:

February 7, 2018

Florida Court Requires Insurance Company to Provide Coverage to Victim of Golf Cart Accident

by Frankl Kominsky Injury Lawyers

Earlier this month, an appellate court issued an opinion in a Florida personal injury case involving a pedestrian who was struck by a golf cart and sustained serious injuries. The case illustrates the difficulties that are common when dealing with an insurance company in the wake of a serious accident.

Unfortunately, the operator of the golf cart responsible for causing the accident did not have sufficient insurance coverage to fully compensate the victim for her injuries. Thus, the victim was forced to file a claim with her own insurance company, under the underinsured motorist provision. The case required the court to determine if the accident victim’s policy covered the accident.

The Plaintiff’s Insurance Policy

The plaintiff’s insurance policy provided for both liability protection as well as underinsured motorist protection. The language describing the policy’s liability protection included coverage for all accidents involving cars and trailers. However, the policy contained an exclusion for vehicles that were not generally used for public roads. That being said, the exclusion specifically excepted accidents involving non-owned golf carts from the exclusion.

January 17, 2018

Florida Appeals Court Reinstates Jury’s Verdict Despite Defendant’s Lack of Testimony

by Frankl Kominsky Injury Lawyers

Cases that go to trial are generally left in the hands of the jury. However, in some cases, judges can take the decision out of juries’ hands and make a decision on their own. In one recent case, a Florida appellate court considered the limits of a trial judge’s ability to take the decision away from the jury, even when only one side presented testimony on an issue.

In this Florida car accident case, a woman and her husband brought a claim against the insurance company for uninsured/under-insured motorist coverage after the woman was injured in a car accident. The case proceeded to trial, but before the trial began, the court prohibited three of the insurance company’s experts from testifying, leaving only the plaintiff and her surgeon to testify on the issues of causation and whether she sustained a permanent injury.

The jury found the accident caused the plaintiff’s injuries but did not find that she had suffered a permanent injury. However, the plaintiffs moved for a directed verdict, and despite the jury’s verdict, the court found in the plaintiffs’ favor on the issues of causation and permanency. The insurance company appealed, arguing that even though their experts were barred from testifying, the court should have allowed the jury’s verdict to stand.