Miami Accident Lawyer Blog

February 25, 2014

Florida Federal Court Decision Discusses Basis For Bad Faith Claims Against Insurers

Last month, our Miami personal injury attorneys saw that the U.S. District Court for the Middle District of Florida issued a decision in the case of Cabrera v. MGA, discussing legal and factual basis upon which an insured can establish a claim against his or her insurer for a claim of bad faith.

A claim that an insurance company acted in “bad faith” is based upon the legal premise that an insurance policy constitutes a contract between the insured and insurance company, which includes an implied covenant of good faith and fair dealing. This means that the insurer must deal with the insured party honestly, fairly, and in good faith, to ensure that the insured receives the benefits of the contract to which he or she is legally entitled.

An insurance is considered to have acted in “bad faith” when it unreasonably withholds the benefits of the policy from the insured. The most common ways in which insurance companies act in bad faith are: intentionally delaying payment on a claim; denying benefits to a claim without reason; failing to investigate a claim; refusing to settle a claim; and/or refusing to fully compensate an insured for his or her losses.

February 11, 2014

Florida Supreme Court Reinstates Personal Injury Award In Bizarre Premises Liability Case

by Gerson & Schwartz, P.A.

Recently, our Miami personal injury attorneys read a case in which the Florida Supreme Court issued a decision in Friedrich v. Fetterman & Associates, PA, reinstating a jury verdict for a plaintiff injured in a law office chair while visiting a law firm to consult about an unrelated personal injury claim.

In Friedrich, the plaintiff, Robert Friedrich, was injured in a 2010 car accident. Following the accident, Friedrich visited the offices of the defendant law firm for a consultation about his personal injury claim. While meeting with one of the firm’s attorneys, the office chair in which Friedrich was sitting collapsed, causing him to fall and strike his head. Following the incident, Friedrich’s medical problems from the automobile accident worsened, and he ended up having surgery.

Friedrich file a law suit against the law firm he consulted. In his suit, he claimed the law firm had been negligent in failing to inspect the chair, or warn him of the dangerous condition posed by the office chair. At trial, Friedrich presented an expert to testify that the firm should have performed a “hands-on inspection” of its chairs every six months. The expert claimed that such an inspection would have revealed the defect which caused the chair to collapse. Fetterman’s expert testified that the best inspection or test for a chair is for someone to sit on it, and that any inspection, including a flex test, would not have revealed the defect.

January 27, 2014

Florida Federal Court Decision Explains “Stacking” Of Insurance Policies

by Gerson & Schwartz, P.A.

Last fall, the U.S. District Court for the Northern District of Florida issued a decision in the case of Brannan v. Geico that discussing the issue of “stacking” limits in auto insurance policies and how such provisions can limit an insured’s recovery in the he or she is injured in a motor vehicle accident. Our Miami car accident lawyers have extensive knowledge on this topic.

“Stacking” insurance is a way in which an insured can increase the payment limits of his or her auto insurance by combining the underinsured and uninsured injury coverage for multiple vehicles. For example, if a motorist had $50,000 underinsured/$100,000 uninsured coverage on two vehicles, the stacked coverage for both cars would be $100,000/$200,000.

In the event the motorist was involved in an accident with an underinsured/uninsured driver, he or she could receive compensation up to the stacked policy limits of $100,000/$200,000. Stacked insurance coverage generally costs significantly more than non-stacked coverage, sometimes even more than twice as much.

January 13, 2014

Florida Car Accident Deaths & Recoverable Damages

by Gerson & Schwartz, P.A.

Tragedy struck in North Miami Beach late last month, as a fiery crash claimed the lives of several residents, including a 6-year old girl. According to a CBS Local report, three family members (including the girl and her father) were riding southbound on Okeechobee Road when another vehicle came toward them in the opposite direction. Local authorities report that the vehicle going north was speeding, and the driver eventually lost control. The car careered across the median and hit the family’s vehicle head on. All four people involved in the accident were killed. Our Miami car accident attorneys are prepared to assist the loved ones of anyone that may find themselves in a similar situation.

Damages in Florida Lawsuits: Compensatory or Exemplary

Following tragic Miami car accidents like this one, it is common for civil lawsuits to be filed. These suits seek to hold wrongdoers accountable for the consequences of their actions. In most cases, insurance companies are involved. Miami car accident attorneys often work on behalf of those hurt in their negotiations with those insurance companies, potentially taking the case all the way to a trial if necessary.

December 30, 2013

Florida Federal Court Decision Addresses Important Legal Concepts In Car Accident Cases

by Gerson & Schwartz, P.A.

Last month, the U.S. District Court for the Middle District of Florida issued a decision in the case of Worley v. State Farm that addressed two incredibly important legal concepts in car accident cases. The first of these two concepts was the presumption of negligence that applies in rear end car collisions, and the second is the principle of comparative negligence. Our Miami car accident attorneys are following the effects closely.

In Worley, the plaintiff was injured in a 2010 car accident when a vehicle driven by the uninsured defendant rear ended her. The plaintiff claimed that she was stopped at a yield sign when the other driver struck her. The defendant testified, however, that the plaintiff had begun to drive through the intersection when she suddenly stopped, thereby causing the collision.

The plaintiff’s auto insurance provider, State Farm, declined her coverage after determining that the plaintiff was at least partly responsible for the accident. The plaintiff sued in federal district court and moved for summary judgment, arguing that, under Florida law, she was entitled to a presumption that the defendant driver was negligent in rear-ending her. Florida has adopted a rebuttable presumption that a rear driver’s actions are the sole proximate cause of an accident and any resulting injuries.

December 16, 2013

Florida Legislature Considers New Law To Curb Hit-And-Run Accidents

by Gerson & Schwartz, P.A.

According to a recent article published by the Huffington Post, the Florida Legislature is now considering a new piece of legislation, entitled the “Aaron Cohen Life Protection Act,” named for a bicyclist that was killed on the Rickenbacker Causeway in 2012, that would increase the minimum jail sentences for leaving the scene of an accident to three years for an accident resulting in injury, seven years for serious bodily injury, and ten years for a hit-and-run resulting in death. The proposed legislation would also require a convicted offender’s license to be suspended for a minimum of three years. Our Miami hit-and-run accident attorneys will be paying close attention to any possible outcomes.

Under current Florida law, there is no minimum sentence for leaving the scene of a deadly accident. Florida law requires anyone involved in a car accident to remain at the scene and render aid and provide information. According to Florida Statutes Title XXII Section 316.027, “the driver of a vehicle involved in a crash…that results in the death of any person must immediately stop the vehicle…and remain at the scene.”

Leaving the scene of an accident where there is property damage is a misdemeanor of the second degree and carries a maximum penalty of 60 days in jail and a $500 fine. Leaving the scene of an accident involving injuries is a felony of the third degree and can result in a maximum penalty of five years in prison and a $5,000 fine. Leaving the scene of an accident in which someone dies is a felony of the first degree carrying a maximum penalty of 30 years in prison and a $10,000 fine.

December 11, 2013

Top 3 Car Insurance Tips for 2014 – Get Ready Now!

by Gerson & Schwartz, P.A.

I’d like to thank trial lawyer Wayne Cohen or providing this guest blog. Wayne is the founding partner of the personal injury law firm of Cohen & Cohen, PC in Washington, D.C. I hope you find the blog informative and interesting!

Top 3 Car Insurance Tips for 2014 – Get Ready Now!

As we approach 2014, it’s a great time for you to reevaluate your car insurance needs. Before the new year is upon us, here are the top 3 insurance tips that you should consider for 2014.

December 3, 2013

Train Derails Killing and Injuring Commuters from Bronx to Manhattan

by Gerson & Schwartz, P.A.

A commuter train traveling from the Bronx to Manhattan derailed after traveling over 80 miles per hour while approaching a curvature on the tracks. This fatal train accident resulted in 4 wrongful deaths and at least 67 reported injuries. At only 10 miles away from its NYC destination, the engineer and operator of this train, William Rockefeller, apparently did not activate his brakes in nearly enough time to prevent this catastrophic incident.

So far, there is no evidence of drugs or alcohol. However, driver error, operational negligence and possible track maintenance are all viable causes for this train derailing, killing, or injuring innocent victims. Similarly, in July 2013, a train derailed on the tracks in Spain, due to its traveling at high speeds way above the legal speed limit. Indications that Rockefeller was speeding above and beyond the legal speed limit of 70 miles per hour limit are documented. The rails and tracks were demolished in various sections of the railway, and debris was found scattered around the accident scene. It is being assumed, that this train did not derail, as a result of faulty track conditions, but rather because the driver was not operating at safe speeds necessary to keep it on track. The National Safety Transportation Board will likely take it’s time investigating.

Routine track inspections of these and other tracks were held during the very same week that the accident took place. Reportedly, there were no known defects or problems cited. In this case, the final destination, Grand Central Station was never reached that day, and commuters on this train were so shocked by the impact that they were unclear about what was happening at the time. The New York Metro-North Hudson line maintains that this particular train was sufficiently maintained. Thus, fingers are being pointed at the engineer, Mr. Rockefeller, himself.

December 1, 2013

National Highway Traffic Safety Administration Publishes 2012 Traffic Fatality Statistics.

by Gerson & Schwartz, P.A.

Earlier this month, the National Highway Traffic Safety Administration (“NHTSA”) issued a press release discussing an analysis of the Administration’s 2012 Fatality Analysis Reporting System (“FARS”) showing that the number of deaths occurring from U.S. highway accidents increased from 2011 to 2012.

According to the numbers, highway traffic fatalities increased a little over three percent (3.3%) from 32,479 in 2011 to 33,561 in 2012. Almost three-quarters (72%) of the increase occurred in the three months of the year and mostly involved motorcyclists and pedestrians. Unfortunately, the increase marks a reverse in the recent downward trend in highway fatalities, which have been decreasing since 2005, and have remained at historic lows for the last five years. 2011 deaths were the lowest number since 1949.

NHTSA has estimated that fatalities for the first half of 2013 will be lower than those that occurred during the same time period in 2012. NHTSA maintains that, although motorists spent a similar amount time on the road in 2011 and 2012, the following statistics demonstrate a disturbing problem with the safety of America’s roadways: The fatality rate for occupants of large-trucks went up 8.9% from 2011, an increase for the third consecutive year.

November 22, 2013

AAA Foundation Raises Awareness Of Drowsy Driving Risks

by Gerson & Schwartz, P.A.

Recently, in support of its designation of November 10-17 as National Drowsy Driving Prevention Week, the AAA Foundation For Traffic Safety (“AAA”) released the results of a survey of drivers across the country regarding their perspective on on drowsy driving, as part of National Drowsy Driving Prevention Week (Nov 10-16). According to AAA, the goal of the survey is to “foster a social climate in which traffic safety is highly valued and rigorously pursued. The results of the survey show that, although most drivers condemned drowsy driving, more than a quarter admitted to doing it anyway.

Almost all the individuals surveyed, (94.9%) stated their belief that it was somewhat or completely unacceptable to drive when so sleepy they have trouble keeping their eyes open. 82.9% of respondents felt that drowsy drivers pose a somewhat or very serious threat to personal safety

The numbers compiled by AAA demonstrate the severity of the drowsy driving problem in America. According to AAA statistics, 16.5% of fatal crashes, 13.1% of crashes resulting in hospitalization, and 7% of crashes in which a passenger vehicle is towed involved a drowsy driver.