Car Accidents

May 14, 2015

Even The Best Cases Can Go Sour Based on Complex Evidentiary Issues at Trial

Even injury cases that seem like “slam dunks,” or “easy” cases, can have complex issues, that could prevent someone catastrophically injured from recovering at trial. No case should be seen as easy, even when facts seem to look like they go in a victim’s favor. A recent case demonstrates how even when on the surface a case seems like a winner, what happens at trial can turn things around in a hurry.

The Wrongful Death Case

The case arose when the estate of the victim, who died, sued a driver in a rear-end accident. The defendant rear-ended the victim, ejecting her from her car, and killing her. It was later learned that the defendant was an off-duty police officer who had fled the scene after the accident, lied about what happened to his car, and at the time of trial, was actually in jail for charges related to the accident.

March 20, 2015

Study Ranks Florida #1…As Worst State to Get Into an Accident

by Gerson & Schwartz, P.A.

In many cases, being on the top of a best or worst-of list, can be bad news. That’s the case for Florida, which was recently ranked in a study as being the worst state in which to get into a car accident. That’s right, including Washington D.C., Florida was 51 of 51.

Study Evaluates Insurance Issues

The study was based on both the kinds of insurance required by a state, and the percentage of drivers that were driving, illegally or not, without any insurance. The study also took into consideration what kinds and what limits of insurance are required by drivers to be carried. Many states have no insurance requirements at all.

December 30, 2014

Are Police Officer Testimony and Accident Reports Admissible in Trial?

by Gerson & Schwartz, P.A.

If you are involved in a car accident, piecing what happened together can be difficult where there are disputed versions of how the accident occurred. Common sense may tell you that one crucial piece of evidence or testimony comes from the actual police officer that investigated the accident, especially if that officer gave a ticket and has an opinion about who was responsible for causing the accident.

But Florida law greatly restricts how and when information from a police officer can be used, and you may be surprised to learn that many aspects of an officer’s investigation may not be able to be used at trial at all.

Using Police Officer Testimony

December 17, 2014

Bad Faith Insurance Settlement Language Shouldn’t be Ignored

by Gerson & Schwartz, P.A.

If you are in an accident, and sue for your injuries, your case may not get to trial. In fact, few do. Many settle out of court, and when they do, there are settlement agreements to consider. In many cases, a settlement agreement may be exchanged early in the lawsuit process. Injury victims should be aware of what could happen if offers to settle injury lawsuits are exchanged before a lawsuit is actually filed.

A new case, Thompson v. Estate of Maurice, is a reminder of some potential problems that could arise in these cases.

Attempted Settlement Before Suit

October 15, 2014

Pedestrian Accidents are More Complex Than They May Seem

by Gerson & Schwartz, P.A.

When a car hits a pedestrian, it’s no wonder that there is often very serious injury that results. On one side are tons of steel barreling at significant speeds. On the other side, is a soft, slow, and vulnerable human body, which may not even see the accident coming. The result is almost always a huge disaster.

The Facts on Pedestrian Accidents

From 2009-2013 in Miami Dade County, there were 6,419 car-on-pedestrian accidents of varying degrees of injury. In the 0-17 age group, at least one injury was reported in 84% of accidents. Children, who are often walking about the neighborhood, playing in the street with friends, or who just may not appreciate the dangers of walking amongst cars, are sadly the ones most at risk.

October 7, 2014

WOMAN HIT BY DRUNK DRIVER EMPLOYED BY CLUB LEXX AS AN EXOTIC DANCER

by Gerson & Schwartz, P.A.

On May 16, 2008, plaintiff Alcira Marcella Britt was hit by drunk driver Shanna Clayton who was employed as an exotic dancer at Club Lexx in Miami, Florida. Ms. Britt was obeying the law and driving safely when Clayton’s car crashed into hers, leaving her seriously injured. Britt’s injuries caused her disfigurement and unable to live as she had before. Her injuries were severe that and she has the ability to earn money, as well.

All of Britt’s pain and suffering were due not only to Clayton’s negligence, but also due to the negligence of the owners of Club Lexx. Actually, Club Lexx encouraged Clayton to drink with customers while working and then left her to drive home intoxicated. The defendant, Club Lexx, owed a duty to the plaintiff, Alcira Marcella Britt, as well as to the general public. The club owners failed to supervise their exotic dancers as far as how much alcohol they were consuming while on the job. Furthermore, knowing that their employees, such as Clayton would have to drive home at the end of their shift, this was totally irresponsible.

Club owners have a responsibility to put policies and procedures in place which assist intoxicated individuals to leave their premises at closing time, without having to operate motor vehicles on public roadways. Clubs should never allow employees to leave their premises, if they are intoxicated to the point where their normal faculties are impaired. Obviously, if they do so then they are endangering the public.

September 15, 2014

Despite $4.3 Million Verdict, Texting and Driving is a No-Win Situation

by Gerson & Schwartz, P.A.

Florida’s laws banning texting and driving are relatively new, and have been scorned for not being tough enough. That may be true as far as criminal penalties, but when it comes to asserting a claim for injuries in civil court, anything that distracts drivers can lead to significant liability when there’s an accident, and that’s been the law for a very long time.

The Verdict for Texting While Driving

The right to recover damages in civil court for text-related car accidents was reinforced recently when a Florida woman injured in an accident was awarded $4.3 million for permanent disabilities suffered at the hands of a driver who was texting while driving.

June 20, 2014

Florida Jury Awards $11 Million In Dram Shop Lawsuit

by Gerson & Schwartz, P.A.

Last year, this blog discussed the unfortunate death of two Brevard County teens Rachel Price and Jamaree Cook, who were killed when Price’s vehicle collided with a pickup truck being operated an intoxicated driver. In response to that incident, our Florida car accident attorneys examined a State law allowing a person that has been injured or killed in a car accident caused by an intoxicated driver to recover punitive as well as compensatory damages.

That law, codified at Section 768.72 of The Florida Statutes, states that plaintiffs in civil actions are precluded from recovering punitive damages unless there is a “reasonable showing by evidence” that provides a “reasonable basis for recovery of such damages.” This standard is more specifically delineated in Florida’s pattern jury instructions which state that punitive damages may be warranted if a jury finds by the greater weight of the evidence that the defendant’s conduct that caused the injury to the plaintiff was:

Gross and flagrant as to show a reckless disregard of human life or of the safety of persons;

June 4, 2014

Report Concludes That Florida Is The Most Dangerous Place For Pedestrians

by Gerson & Schwartz, P.A.

Late last month, our Miami car accident attorneys discussed another unfortunate accident in which thirty-six year-old woman Keythe Perez was struck and killed by a vehicle while crossing Palm Beach Boulevard in Fort Myers, Florida. The incident marked the sixth pedestrian killed in Lee County since the beginning of the year, and the fifth in a little more than a month.

In response to the growing number of traffic accidents involving pedestrians, Smart Growth America, a national organization dedicated to researching ways in which to improve America’s neighborhoods, commissioned a study, entitled “Dangerous by Design,” to look at where pedestrian fatalities happen and who’s most at risk in every U.S. county, metro area, and state.

According to the report, in the decade from 2003 through 2012, 47,025 people died while walking on our streets, representing 12.3 percent of total traffic deaths. During the same period, 676,000 pedestrians were injured in traffic accidents, or one every approximately eight minutes.

April 21, 2014

Florida Federal Court Decision Discusses Insurer’s Attempt To Avoid Extending Uninsured/Underinsured Motorist Coverage

by Gerson & Schwartz, P.A.

Earlier this year, the U.S. District Court for the Southern District of Florida issued a decision in the case of Arnold v. Wausau Underwriters Insurance Company, discussing a circumstance under which an insurance company attempted to avoid extending uninsured/underinsured motorist coverage based upon some dubious paperwork. Our Miami car accident lawyers have extensive knowledge on this topic.

In the Arnold case, the plaintiff, Timothy Arnold filed a claim with Wausau Underwriters Insurance Company, for uninsured motorist coverage after Arnold was involved in a car accident while working for his employer, RJA. At the time of the accident, RJA held an insurance policy with Wausau, however, a dispute arose as to the terms of that policy.

Specifically, Arnold claimed that the policy provided $1 million in uninsured/underinsured motorist coverage. Wausau, on the other hand, contended that RJA had agreed to modify the policy two months after it was executed, and executed a form declining all Florida uninsured/underinsured motorist coverage. Based on the alleged modification, Wausau denied Arnold uninsured/underinsured motorist coverage for the accident.

Arnold sued Wausau in federal court, alleging that Wausau had breached its contract with RJA by failing to extend coverage for Arnold’s accident. Both Arnold and Wausau moved the District Court to grant judgment in their favor prior to trial. The Court denied both parties’ motions and ordered the case proceed to trial.