Florida Injury Lawyer Blog

When Toyota recalled over 2 million cars last month, it was too late for one Houston family. Michael Harris is suing Toyota for an accident that caused his wife's death just a week before Christmas 2009.

Trina Harris was killed instantly when her car ran a stop sign and hit a cement wall on December 18th. She was driving a 2009 Corolla, one of the vehicles that Toyota recalled in January. Mr. Harris says his wife had mentioned that her car sometimes sped up on its own. He wants Toyota to be held accountable for its alleged negligence.

Mr. Harris claims Toyota was aware of the vehicle defect in the 2009 Corolla his wife was driving but did nothing to fix the problem. He is also suing the vehicle's gas pedal manufacturer and the company that leased the car to his wife. Mr. Harris, who serves in the Navy, is now left to take care of his two daughters.

Toyota recalled over 4 million cars in November to fix accelerator issues. Unfortunately, the recall did not involve the 2009 Toyota Camry that Trina Harris was driving. In January, it recalled 2.3 million vehicles because of accelerator problems and soon after that stopped sales in the U.S. on several of its models.

In recent news, Toyota has recalled over 400,000 hybrids, including Prius, around the world because of brake issues.

Continue reading "Houston Man Sues Toyota over Accident that Killed his Wife" »

After a recent recall that affected 2.3 million vehicles, Toyota has put the brakes on sales of eight of its models in the U.S. because of accelerator problems. In the latest reports, the recall has just been extended to Europe and China, and possibly Britain as well.

Toyota Motor Corp. has announced its decision to stop sales and North American production so that the gas pedal issue on the affected models can be fixed. It is not yet known how many vehicles in Europe or Britain could be recalled. According to the UK's Guardian, plans for Toyota to stop production at its British plants have not yet been announced, however the company warned that 750 jobs could be cut in the UK. Toyota also plans to recall over 75,000 RAV4 vehicles made in China between March 2009 and January 2010.

Toyota has also announced plans to inspect 1.1 million vehicles in the U.S. in addition to the 2.3 million it most recently recalled.

The recalls have been prompted by reports of involuntary acceleration resulting from gas pedal defects. Toyota previously recalled over 4 million vehicles in the U.S. in November 2009 due to gas pedal issues. Several car accidents, and some fatalities, were reported from sudden speed caused by defective gas pedals. U.S. Congress has just announced it will launch an investigation on Toyota's manufacturing problems that may have led to the death of 19 people in the last decade.

The affected models in the U.S. recall include the popular Camry, Corolla and RAV4. For a complete list, visit the Toyota website.

Toyota's cost-cutting methods have been scrutinized in the past few years as the company has aggressively pursued leadership in global sales. Many have blamed Toyota's vigorous growth for the problems in vehicle quality. Toyota's former president, Katsuaki Watanabe, admitted to this after a 2006 criminal investigation was conducted by the Japanese government. Nobody was charged in this investigation, which associated vehicle problems to some car accidents in Japan.

If you have been injured as a result of defective vehicle manufacturing, call us today for a free consultation. Our personal injury attorneys are experienced in handling car accident and dangerous product cases, and will fight to get you the compensation you may be entitled to.

Dan Irving Cytryn is a Board Certified Civil Trial Lawyer handling injury and accident cases for more than 29 years. He has received a 10.0 rating on AVVO, a lawyer rating service, which is the highest rating given for a lawyer. He is also rated the highest ability and ethics rating, "AV", by Martindale Hubbell, a company rating lawyers for more than 100 years.

Ford recently settled for a confidential amount with a woman who was paralyzed in a 2005 collision involving a 2002 Ford Explorer. This decision came after a jury considered punitive damages and had already ordered Ford to pay over $16 million to compensate for negligently designed rear seats and seat belt structure on the Ford Explorer.

Lynn Wheeler was a passenger in the Explorer when it was struck head on by another driver. She was riding in the back seat between the booster seats her grandchildren were sitting in. The only thing restraining Wheeler was a lap belt. Upon impact, the rear seat latch broke, causing the back seat to collapse on her. Her head and neck were pushed forward into the center console, resulting in devastating spinal cord injuries. She is now in a wheelchair and on a ventilator.

Wheeler's lawsuit challenged Ford's decision to install a lap belt instead of a three-point shoulder belt and accused Ford of negligently designing the rear seat latch. Now, thanks to a law that went into effect in 2007, automobile manufacturers are forbidden from installing lap-only seat belts for rear middle seats.

Ford argued that it met government safety standards and defended its decision to install lap belts in the Explorer's rear bench seat.

The jury sided with Wheeler - Ford was ordered to pay over $16 million in damages. The driver who collided into the Explorer was ordered to pay $1.2 million.

Ford has been in the press several times in relation to rollover accidents. A California woman's rollover accident involving her 1997 Ford Explorer is an example of one major case where Ford was under fire for being prone to rollovers. The woman sued Ford when the roof on her Explorer collapsed on her during her rollover accident. She became paralyzed as a result of the spinal injuries she suffered in the accident. The jury found Ford was aware the roof on the Explorer would collapse during a rollover accident, and awarded her over $82 million.

Each year, thousands of people are injured or killed in SUV accidents. Vehicle manufacturers have a responsibility to make safe vehicles for consumers. At the same time, consumers should be armed with as much knowledge as possible before buying a vehicle. The following websites contain important vehicle information:

Safercar.gov is a government website that has information on crash test ratings, recalls, safer driving tips, etc.

Consumerreports.org is a nonprofit established to protect consumers and offer objective product reviews.

Insurance Institute for Highway Safety provides vehicle ratings, statistics, news and more.

Dan Irving Cytryn is a Board Certified Civil Trial Lawyer handling injury and accident cases for more than 29 years. He has received a 10.0 rating on AVVO, a lawyer rating service, which is the highest rating given for a lawyer. He is also rated the highest ability and ethics rating, "AV", by Martindale Hubbell, a company rating lawyers for more than 100 years.

A circuit court jury in Missouri recently awarded the family, fiancee, and daughter of a man killed by a drunk driver $89 million dollars in damages.  The man was killed, and his 13-week-pregnant fiancee seriously injured, when the drunk driver crashed head-on with his vehicle.  After police responded and tested the drunk driver's blood alcohol level, they found that the driver was nearly 2.5 times over the legal limit with a blood alcohol content of 0.20.  Making a horrific incident even worse, the drunk driver was driving on a hardship license at the time of the accident issued because of a previous drunk driving arrest.  According to reports, the jury was sending a message with the verdict of their distaste for such blatant disregard for the law and human life.  The drunk driver was sentenced to 10 years in prison in his criminal case for his past drunk driving arrests.

In Florida, juries tend to punish drunk drivers more than drivers who simply cause an accident with no evidence of intoxication or impairment.  Insurance companies tend to offer more money, generally, in drunk driving cases, as well.  If the insurance company refuses to offer a reasonable settlement in an intoxication case, a lawsuit will often bring about the desired result of a larger settlement or large jury verdict.  Florida law allows punitive damages to be sought against drunk drivers in civil cases under certain circumstances.  Even if punitive damages are not awarded, or the defendant driver is "judgment proof", there is a punitive element in most of these verdicts.  Drunk driver accident cases are more persuasive to most jurors and tend to entice insurance adjusters to offer more reasonable settlements.

Continue reading "Drunk Drivers Pay More in Florida, Too" »

Toyota has recently announced a recall of several models of both Toyota and Lexus vehicles that is estimated to affect some 4.26 million vehicles throughout the United States and Canada. The recall comes because of complaints that the gas pedal in these vehicles can become stuck in the depressed position causing uncontrolled acceleration.  According to reports, this "pedal entrapment" has been blamed for the deaths of 19 people since the 2002 model year.  The problem was initially thought to be caused by mispositioned floor mats, but the recall goes beyond floor mats and addresses design issues of the gas pedals, floor board, and computer system.

The initial recall of potentially defective Toyota and Lexus vehicles began in September when Toyota warned that owners of specific models should immediately remove the floor mats to help prevent unanticipated acceleration from pedal entrapment.  This most recent recall includes Toyota technicians physically modifying the gas pedal to reduce the length by three-quarters of an inch, replacing genuine Toyota or Lexus all-weather floor mats, and installing a brake override system that will cut engine power when both the accelerator and the brake are pressed at the same time.  Some vehicles will also have the padding beneath the gas pedal replaced with a thinner pad to increase clearance between the pedal and the floorboard.

The latest rounds of repairs are scheduled to begin January 2010 and are estimated to exceed $250 million in parts and labor.  The potentially defective pedals that are modified during this time are anticipated to be replaced by properly manufactured parts when they become available.  The brake override system, which is often referred to as "smart pedal" technology and utilized by other auto manufacturers, is scheduled to be implemented as standard equipment on all Toyota and Lexus vehicles manufactured after January 2010.

Although Toyota seems to deny that an actual defect exists in the affected vehicles, the National Highway Traffic Safety Administration (NHTSA) released a statement to correct what it described as "inaccurate and misleading information" being propagated by Toyota.  The NHTSA stated that removing the floor mats in these potentially dangerous vehicles was only an interim measure and did not correct the underlying defect in the vehicle which causes pedal entrapment.  The NHTSA assured consumers that it would continue to investigate the issue until the defect is corrected with a vehicle-based solution.

Continue reading "Florida Vehicle Alert: Toyota Issues Massive Defect Recall" »

A multiple vehicle accident in Hollywood, Florida, last night closed the southbound lanes of I-95 during the evening rush hour until approximately 10:30 p.m.  According to reports, the driver of an SUV sideswiped two vehicles and attempted to flee from the scene.  In this attempt, the fleeing driver struck another car and finally crashed into another SUV that was stopped in the emergency lane.  Both SUVs burst into flames, trapping and killing the driver of the stopped SUV.  The alleged at-fault driver of the SUV and the occupants of the other vehicles were transported to local hospitals for treatment of their car accident injuries.

This deadly car accident, while tragic, also serves as a reminder of the importance for South Florida drivers to carry uninsured/underinsured motorist (UM/UIM) coverage.  Uninsured/underinsured motorist policies provide coverage from your insurance carrier when you are involved in an accident and the negligent driver either has no insurance coverage or not enough insurance coverage.  Uninsured/underinsured insurance policies also usually cover accidents that involve a hit-and-run, or phantom, driver that cannot be identified after the accident.

Although the identity of the at-fault driver is likely known in the Hollywood, Florida, car accident, often times negligent drivers flee the scene of an accident and are never identified.  Many times, negligent or reckless drivers flee the scene of an accident because they do not have insurance.  Regardless of whether the driver flees or remains at the scene, if he or she is underinsured or uninsured, your UM/UIM policy will contribute to your compensation for the accident if you have elected such coverage.

Continue reading "Hollywood, Florida Car Accident Ends in Fiery Tragedy" »

Miami and the surrounding metropolitan area has been ranked the third most dangerous location for pedestrians in a recent study conducted by Transportation for America and the Surface Transportation Policy Partnership.  The third most dangerous location for pedestrians includes the areas of Miami, Fort Lauderdale, Pompano Beach and their suburbs.  The Miami metropolitan area ranked just behind two other Florida locations -- Orlando-Kissimmee and Tampa-St. Petersburg-Clearwater -- which ranked first and second, respectively, as the most dangerous areas for pedestrians to walk.  Major Florida cities took four of the top five spots on the list with Jacksonville, Florida, ranking as the fourth most dangerous area for pedestrian traffic.

The study entitled Dangerous by Design looked not only at the number of pedestrian deaths in a given year, but rather focused on the ratio of pedestrian deaths per 100,000 people to the percentage of pedestrians walking to work.  The study found that even though relatively few people choose to walk in these Florida cities compared to other cities, the people that do are at a much greater risk of being killed or injured after being hit by a car. 

The report focuses on the design of modern roadways and communities as the cause of the dangerous conditions faced by South Florida walkers.  With sprawling suburban areas and arterial roads built to move the greatest amount of vehicular traffic at the quickest possible pace, often times sidewalks, crosswalks, and crossing signals are designed out either because of space or budget restrictions.  These reductions coupled with the increased speed at which vehicles are allowed to travel create serious dangers for pedestrians on Florida roadways.  As the report points out, the survival rate for pedestrians struck by a vehicle traveling at 20 mph is 95% but drops drastically to 55% when the vehicle is traveling 30 mph and even lower to 15% when a pedestrian is struck by a vehicle traveling 40 mph.  When you combine these considerations with the ever-growing distractions facing drivers, you have a serious recipe for disaster.

Dangerous roads and sprawling communities also have an effect on the desire of South Florida residents to walk.  No one wants to walk in areas that do not provide proper sidewalks and crossing assistance or in areas where they face such a high risk of being injured or killed by a vehicle.  This not only creates more road congestion by forcing more people to drive upon our roadways to locations accessible by foot, but also forces people to walk less and get less exercise which is a serious health concern.

Continue reading "Miami, Florida Pedestrians Face Serious Danger on Roads" »

A Miramar, Florida, driver has been charged with killing a Davie, Florida, resident while driving drunk.  According to reports, the intoxicated driver was taking his 9-year-old daughter to school when he struck the Davie motorcyclist and dragged him 180 feet before coming to a stop.  When the drunk driver was apprehended after fleeing the scene of the accident, breathalyzer results showed his blood alcohol content to be .236 -- nearly three times the legal limit.   This was not the first time the driver has been charged with drunk driving according to the South Florida Sun-Sentinel.  According to their report, the intoxicated driver was wanted in Maryland for failing to appear for a court proceeding after violating his probation for driving under the influence with another charge of DUI.

Unfortunately, motorcycle accidents have been on the rise for the past nine years according to Florida's Department of Highway Safety and Motor Vehicles.  In 2008 alone, there were 9618 motorcycle crashes in Florida which caused the death of 502 motorcyclists and 30 passengers and contributed to over 9000 injured riders.  These numbers include 37 motorcycle accident deaths in Broward County, 44 in Miami-Dade County, and 34 in Palm Beach County.  Drug and alcohol related fatalities in Florida sadly exceeded 1,400 people in 2008.

Continue reading "Repeat Drunk Driver Charged with Killing Florida Motorcyclist" »

Although it may seem like common sense to many South Florida residents, a new study confirms that texting (or text messaging) while driving is the most dangerous cell phone task. The Virginia Tech Transportation Institute study showed that heavy truck drivers were 23 times more likely to crash than non-distracted drivers. The reason for the increase in the likelihood of automobile accidents is that texting drivers take their eyes off the road for nearly five seconds at a time which according to reports is enough time to travel the length of a football field at 55 miles per hour. Other cell phone tasks also increase the risk of car accidents including a 2.8 times higher risk of crashing while dialing the phone and a 1.3 times higher risk while talking on the phone.

An experiment conducted by Car and Driver Magazine showed that the reaction time of a driver attempting to brake is worse while sending and reading text messages than that of an impaired or drunk driver.  According to the article, one driver's reaction time decreased an average of 0.68 seconds while texting at 70 miles per hour compared to when braking without distraction.  At that speed, it took the driver an average of 70 additional feet to stop his vehicle while texting and driving.  The same driver's reaction time decreased by 0.04 seconds while attempting the same experiment while impaired.

Florida has yet to ban texting while driving and does not require the use of hands-free devices. There have been pushes in the Florida legislator to takes steps against these obviously dangerous driving activities including a bill re-introduced this year by Representative Doug Holder. Florida has also recently started the "Stay Alive ... Just Drive!" campaign which is aimed at preventing injury and death caused by automobile accidents through education and awareness of the dangers of distracted driving.

Even though Florida has not yet banned cell phone activities while driving, Florida drivers are still responsible for maintaining control of their vehicles at all times. There are far too many stories of distracted Florida drivers causing accidents that result in injuries to others including one driver that was so distracted she crashed into a police car. Although cell phone distraction stats are not specifically kept in Florida, they fall under the "distracted driver" category of accident causes which accounted for 15 fatalities and 1,436 injuries in Florida in 2008 according to the Florida Department of Highway Safety and Motor Vehicles.

Continue reading "Texting While Driving Can Lead to Serious Automobile Accidents" »

Injuries from auto accidents in Broward County, Miami-Dade County, and Palm Beach County have been well documented on this site and can also be found strewn across the headlines on a daily basis. However, car accident injuries are not always caused by careless or reckless drivers running stoplights, failing to check their mirrors, or any of the numerous other negligent acts seen upon South Florida roads all too often. Rather, South Florida residents also need to be aware of a danger posed by vehicles that is often created before the car or truck hits the road; that is, the danger of unsecured or improperly secured loads and equipment and the projectiles they become on South Florida highways.

It is not uncommon to see debris upon the roadways--everything from couch pillows to scrap metal. Much of the larger debris is the result of improperly secured loads on flat-bed tractor-trailers or pickup trucks. Other debris littered upon our roads is from vehicle equipment lost from vehicles while driving, garbage tossed from cars, and other illegal dumping. This debris is so dangerous because it can smash through windows, cause the driver to take emergency evasive maneuvers, and flatten tires or cause other vehicular damages. The accidents caused by flying debris and roadway debris are often more severe because drivers are often unable to anticipate the debris in time to safely avoid it.

Just recently, a large metal gate flew off of a trailer and smashed in to the windshield of a car traveling in Dania Beach, Florida. According to reports, the driver of car survived the accident with only minor scratches to his head and arms. Luckily, the driver's eyes were protected from the flying glass by they sunglasses he was wearing at the time. The driver of the truck pulling the trailer was cited for failing to properly secure his load.

The AAA Foundation for Traffic Safety recognized the danger of road debris and the resultant auto accidents and injuries and developed a report on the causes and results of such debris. The Foundation estimated that there were 25,217 crashes in the United States directly related to road debris. Of those crashes, 8,012 involved injury to the occupants and 76 were fatal.

Continue reading "Florida Car Accidents Caused by More than Bad Driving" »

 

The cost to insure your vehicles is "all over the place". Buyers should definitely shop around in order to get the least expensive rates. BUT HOLD ON: Saving a few insurance dollars but going from a good insurance carrier to one that's bad, doesn't make good sense. You have to weigh the price savings against the quality of the service AND payments that you'll get if you make a claim with your insurance carrier, or a claim is made against you or a family member.

The first factor to consider is the quality of the company. We maintain a rating of all major insurance carriers on our website, grading them from A to F, with an "A" meaning the company pays liability claims and uninsured motorist claims extremely reasonably, and attempts to avoid litigation (court), if at all possible. The "F" company will 'chince you to death'. With a lower rated company, you're much more likely to end up in a courtroom, or at least in litigation, than an "A" rated company.

You should simply get the best company in light of the rates that are charged.

Company rates may vary based upon large numbers of factors, such as discounts for drivers over certain ages, surcharges for drivers under certain ages, etc.

What kind of deductible that you can afford will also affect your insurance premiums. You should always take the highest deductible that you can afford to take, understanding that if you are in an accident, you possibly will have to come out of pocket for that deductible.

At minimum, always purchase uninsured motorist coverage equal to your bodily injury liability coverage. In addition, try to purchase stacking coverage if you have more than one resident relative vehicle in your household, as stacking coverage will, for example, double your coverage if you have two resident relative vehicles in your household.

Medical payments coverage is probably a coverage that you can do without if you and your family members have major medical health insurance coverage. Alternatively, if you have an HMO, you may want to consider purchasing additional medical payments coverage.

Other coverages such as rental, towing, storage, etc. are so infrequently used, and not mandatory, that you can avoid purchasing them.

An excellent article recently written that you should review before purchasing or renewing your insurance is called: "Your 5-minute guide to car insurance".

Continue reading "Reducing Your Insurance Rates While Maintaining Quality Insurance" »

Broward County: A Coral Springs, Florida man who police said may have been speeding was killed early this morning when his car struck a tree in a one car collision. Whether sleep deprivation, drunk driving, or simply excessive speed contributed to another of a rash of deaths in Coral Springs this year has yet to be determined.

Florida was third in the country in 2006 in drunk driving deaths with 1,111. Nationwide, the number of deaths in 2007 was 15,387. Alcohol is a contributing factor in about 37% of traffic crashes occurring nationwide.

Falling asleep or drowsy driving is most common in age 16 to 29 age group. Although actual statistics are not kept, sleep deprivation and drowsy driving is the number three cause of crash deaths in the United States today. The National Highway Traffic Safety Administration says that fatigue is a very common factor in car accident crash and death cases today.

The moral of the story: Be wary driving after midnight. They say: "Drive defensively"--this applies even more so after midnight. The number of people on the road being under the influence of alcohol or drugs, or sleep deprived, or speeders, or a combination of the foregoing, increases immensely. Try to keep yourself and your children off the road between the hours of midnight and six a.m., the time when the likelihood of the incidents occurring, increases immensely. If you must drive, be ultra cautious.

If you or a family member are a victim, contact a lawyer for information. Various different areas to look for compensation for injuries include drivers and their family's insurance coverage, your own family's uninsured motorist coverage, and in rare occasions involving alcohol, whom the alcohol was purchased from and whether that involved underage drinking or serving someone who is known to be an alcoholic.

Additionally, any serious vehicle crash involving death or serious bodily injury should also be investigated from the prospective of whether something about the vehicle (perhaps a vehicle defect) contributed to the death or worsened the injury.

Continue reading "Drinking, Speeding, Early Hours And Sleep Deprivation Bad Combo" »

Aracely Mendoza of Miami was killed in an auto accident on I-95 in Broward County on March 27, 2009 after her car was struck by Davydson Soares of Pompano Beach, Florida in what ultimately constituted  a hit-and-run car crash.  Three other occupants of the vehicle Mendoza was traveling in were hospitalized and treated for their car accident related injuries.  Soares is now wanted for manslaughter while driving under the influence.  Police said that Soares's blood alcohol content was 0.16, twice the legal limit, approximately an hour and a half after the accident.  Unfortunately, Soares, who was not arrested at the scene because troopers needed to gather more evidence, is now nowhere to be found.

This case and other recent cases of hit and run accidents underscores the necessity of purchasing uninsured/underinsured motorist insurance.  Uninsured/underinsured motorist insurance policies provide coverage to individuals that are injured in a car accident caused by another driver that either has no insurance at all or does not have enough insurance coverage to pay for the damage caused by the accident.  In Florida, hit-and-run drivers that are not identified are considered uninsured motorists.  Although in the above-mentioned car accident the driver has been identified and fled only after the accident investigation, there is still the possibility that he may be uninsured or underinsured.  In fact, our personal experiences demonstrate that a person who is driving under the influence is substantially more likely to be an uninsured or underinsured motorist than a driver who is not under the influence of alcohol or drugs. In fact, many of these impaired drivers do not even have a valid driver's license.

An uninsured/underinsured motorist insurance policy allows Florida drivers to protect against accident injuries that exceed the protection provided by personal injury protection (PIP) and irrespective of other drivers' insurance decisions to drive uninsured or with minimum coverage.

The Insurance Information Institute (III) estimated that 23% of Florida motorists were uninsured in 2007.  Their estimates place Florida fifth highest in the nation for uninsured motorists.  However, our recent experiences with motor vehicle accidents reflects a much higher total of uninsured motorists, especially as the recession deepened and more and more people cut out many things except for what they considered to be absolute essentials of life.  Based upon our experiences, we would estimate that perhaps as many as 50% of Dade County and 1/3 of Broward County drivers are uninsured.  Many more are what would be termed underinsured, that is, they are driving around with the minimum $10,000.00 in insurance coverage that is usually inadequate to protect the average person injured in a car accident.

Continue reading "Oakland Park, Florida Car Accident Kills Passenger" »

Periodically, we rate insurance companies doing business in Florida for fairness in paying out to claimants sums for injuries sustained in auto accidents. Since our practice is primarily dealing with crashes in Dade, Broward and Palm Beach Counties, we emphasize that our ratings are based upon the reasonableness of the payouts to vehicle accident claimants and pedestrians, including bicyclists or motorcycle accident victims, in South Florida.

Most insurance companies are similar in what they pay out for property damage, with some, of course, being better than the others. However, our emphasis is on what these insurance companies are paying out for pain and suffering type damages, that is, intangible damages, and what the total payout is for bodily injuries.

As of this date, here are our ratings. We use an A through F scale, with, of course, A being the best, F being the worst. When purchasing insurance coverage (whether homeowners or auto), of course, price is an issue, but ultimately, whether you are unnecessarily dragged into a lawsuit if your insurance company acts in bad faith may depend upon these ratings:

 
Chubb A

Crum & Forster A

Travelers B+

Zurich B+

American International (their subsidiaries) B

Amica B

Safeco B

Liberty Mutual B-

First Floridian C+

Nationwide C+

Hartford C+

State Farm Insurance Companies C to C+

Metropolitan C

GMAC Insurance C

USAA D+

Federated National Insurance (American Vehicle) D

Allstate Insurance Company D

Mercury D

Ocean Harbor D

Progressive Insurance Companies D

US Security Insurance D

United Automobile Insurance Company F

Geico F

 
At this time, GEICO is the worst paying MAJOR auto insurer in the State of Florida for bodily injury claims, followed by Progressive, and then Allstate.

Good luck when purchasing insurance or making claims for injuries, if you are unfortunate enough to be involved in an accident.

I hope that this information helps you in your insurance choices and selections.

Continue reading "Florida Insurance Companies Rated for Payouts on Car Accident Injury Claims" »

Michele Fevola of West Palm Beach was involved in four separate auto accidents while traveling south on I-95 in Broward County, Florida on March 23, 2009.  The first accident involved a rear end collision with Antonio Diehs of Miami, the second was a collision with Jessica Craft of Plantation, the third impact caused Marisal Montellano of Davie to lose control of her vehicle and overturn, and the fourth was a collision with Joseph Aufsesser of Connecticut after Fevola lost control of her vehicle in Fort Lauderdale.  All four auto accidents occurred in distinct locations throughout Broward County, and the third accident with Marisal Montellano caused serious bodily injury.  Charges are currently being reviewed pending a toxicology report, but it is suspected that alcohol may have been involved according to reports.

Although this accident is tragic and unfortunate, it does pose interesting legal issues in both the criminal and civil arenas.  Although any comment on the Fevola case would be mere speculation, the circumstances can be used to discuss the theoretical avenues for prosecution and litigation.  In Florida to be criminally guilty of the charge of DUI, a person must be found beyond a reasonable doubt to have been driving or in actual physical control of a vehicle under the influence of a alcoholic beverage, chemical substance, or controlled substance to the extent that his or her normal faculties were impaired or with a blood/breath alcohol level of 0.08.  In a civil case for damages caused by an auto accident, punitive damages can often be sought against a person driving while intoxicated separate and apart from normally recoverable damages if intoxication is shown by clear and convincing evidence.

Also available in instances where a driver fails to remain at the site of a crash is the charge of Leaving the Scene of an Accident (LSA).  Florida statute provides that people involved in an auto accident that results in damage to a vehicle or property or injury to a person must at least remain on the scene and provide certain information as required by law.  Restitution under the criminal statute of LSA becomes problematic, however, because it has been argued that any damage or injury does not stem from the act of leaving the scene but rather from the accident itself.  Therefore, judges cannot order restitution sua sponte.  However, restitution has been effectively pursued under LSA by plea agreements between the State and defense in exchange for a more favorable sentencing recommendation.  This plea agreement can then be blessed by the Court and restitution ordered.
   

Continue reading "West Palm Beach Woman Causes Multiple Car Accidents in Broward County" »