Florida law requires drivers to use reasonable care in the operation of their motor vehicle. Failure to do this is met with punishment from the criminal justice system, and sometimes accountability through the civil system when people are hurt or property is damaged. Generally, “reasonable care” means abiding by all…
Highway work zones are dangerous both for the motorists who navigate them and the workers employed there. The U.S. Department of Transportation reports an estimated 88,000 crashes happened in work zones in 2010. Most of these don’t lead to fatalities, but when they do, it can leave families reeling. When…
In many auto accidents resulting in injury, it is not only the driver and/or his insurance company that may be held liable for damages. Sometimes, the owner of a vehicle (if different from the driver) can be held responsible, through a doctrine called vicarious liability. If the driver was working,…
More than a dozen people injured or killed due to the negligence of government workers and/or agencies in Florida will finally receive the payment promised in settlements or litigation, some having waited years for legislative approval. The reason for the wait has to do with damage caps imposed by the…
Although many personal injury cases inherently conjure emotion in those responsible for deciding their outcome, courts must work hard to ensure emotion is not a substantial factor in the final judgment. For example, strong dislike of a plaintiff shouldn’t affect whether a jury finds that person entitled to damages, just…
An appellate court has affirmed a $1.3 million award of damages to a man seriously injured in a rear-end car crash, although the court did remand for recalculation of prejudgment interest. According to court records, defendant was the employer of the driver/owner of the vehicle that negligently struck the rear…
Miami is an epicenter of cultural events where diverse communities throng together for carnivals, music festivals, and celebrations. In a tragic accident, a woman was killed at the annual Miami Broward One Carnival and parade that honors the Caribbean culture. According to reports, a 54-year-old woman was struck by a…
It’s not uncommon for a plaintiff in a personal injury action to be asked to submit to an independent medical examination by the defense. Don’t let the term “independent” fool you; the doctor is not impartial and is not your friend. Still, it’s often a necessary element to ensure fairness…
Traffic laws and enforcement of those regulations through citations are intended to minimize violations and keep roads safe. When law enforcement agencies fail to enforce traffic laws, they could fail in providing a safeguard for other motorists sharing the road. A new Florida law against texting while driving is intended…
In a Christmas day accident in Coral Springs, two men were killed, according to CBS Miami. Officials are ruling speed a main factor in this accident. It happened just before 5:30 a.m. along the 11900 block of Lake View Drive. Officers arrived on scene to find the car wrapped around…