Articles Tagged with Car Accident

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car-accident-2165210_1920-300x188There were nearly 400,000 accidents in the state of Florida in 2016 and 166,000 of them involved injuries. Of those injuries, nearly 22,000 were incapacitating. While there is often clear fault in these tragic circumstances, victims are rarely compensated sufficiently for their suffering.

From working with our clients in Boynton Beach and surrounding areas, we know that these accidents are traumatic and cause financial hardship. Current and future medical bills and loss of wage issues can devastate a family.  We can help.

Six common types of negligent accidents include:

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shutterstock_336234668-300x200At some point in life, every person surely has received the age-old advice to read a contract before signing it. However, what if you are awoken from a comatose state only to realize that a contingency fee contract with a law firm was executed on your behalf?

On April 4th, 2018, the Fourth District Court of Appeal decided the case of William O’Malley v. The Freeman Law Firm, which serves as a cautionary tale to lawyers who work on contingency fee agreements. In this case, the appellant, William O’Malley, was involved in a horrendous car wreck that left him in a coma for months. During this period, his mother sought representation on his behalf and signed a personal injury contingency fee contract as the personal representative of the Estate of William O’ Malley. Problem: the mother was never actually appointed as personal representative! Moreover, Mr. O’Malley had not executed a power of attorney in favor of his mother, nor had he been declared legally incompetent by a court, which could have led to an appointment of a legal guardian.

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shutterstock_391643938-300x200If you have lost a loved one due the negligence of another person, the last thing you need is to be bombarded with questions about the status of your relationship with the deceased. Last month, the Fifth District Court of Appeal in Florida clarified this issue in a written opinion in Domino’s Pizza v. Wiederhold, discussing when a plaintiff qualifies as a “surviving spouse” for a wrongful death lawsuit.

The court explored the tragic case of an engaged couple that married after a disastrously life-altering car accident. The plaintiff was a passenger in a vehicle with her then-fiancée, who was forced to swerve into a median when a vehicle owned by a Domino’s franchisee suddenly pulled out in front of them. The car overturned a few times before coming to final rest in a ditch. The accident immediately left the man a quadriplegic, while the woman was unharmed. A month after the accident the man sued Domino’s, the franchisee owner, and the driver of the franchisee’s vehicle. The couple subsequently moved forward with their commitment and married before the man died a year later due to accident-related injuries. After her husband passed away, the woman was substituted as the plaintiff and filed an amended complaint to include a claim for wrongful death damages.

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shutterstock_233095072-300x201As the holidays approach, many of us will be attending parties at restaurants and having parties at our homes. At most of these parties, alcoholic beverages will be served. So, what are the legal ramifications for a restaurant or homeowner if someone leaves their property intoxicated and causes serious injuries to themselves or others? Florida’s Dram Shop law, codified as Fla. Stat. § 768.125, provides only very limited scenarios under which a business or homeowner can be held liable for the tortious acts of an intoxicated person such as a drunk driver.

Under Florida’s Dram Shop law, there are only two scenarios where a business or homeowner can be successfully sued for the actions of an intoxicated person. Those scenarios are: (1) the willful and unlawful selling or furnishing of alcoholic beverages to a person not of legal drinking age; and (2) knowingly serving a person alcohol who is “habitually addicted to the use of alcoholic beverages.” Under any other circumstances, according to §768.125, a person or business who provides alcoholic beverages to someone of legal drinking age “shall not thereby become liable for injury or damage” caused by or resulting from that intoxicated person.

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shutterstock_287333165The increasing popularity of ride-sharing companies such as Uber and Lyft have given rise to a burgeoning area of law and personal injury claims. Many of us rely on these companies to get us home safely, but sometimes Uber and Lyft drivers can cause automotive crashes. Other times, another driver negligently causes a collision with an Uber or Lyft vehicle. Regardless of fault, there are certain insurance and legal issues that you should be aware of if you are involved in a ride-sharing automotive crash.

Uber and Lyft both market that they have secured high-limit insurance policies for the protection of their passengers. Currently, these two companies advertise that they have $1 million in liability and uninsured motorist coverage per incident (see our website on why you need Uninsured Motorist coverage for your personal automobile policy). This means if you are in a ride-sharing vehicle and that drivers causes a crash, you and all other injured parties have up to $1 million combined in liability coverage for your damages. Likewise, if an uninsured or underinsured driver crashes into your Uber or Lyft vehicle, you (and the other injured persons) will be covered up to $1 million combined from the ride-sharing company.

While $1 million might sound like a lot coverage, what happens if an Uber or Lyft driver causes a crash where there are a multitude of injured people whose aggregate claims are above $1 million? A negligent ride-sharing driver can severely injure or kill passengers in his or her vehicle and other drivers and their passengers. If this tragic event occurs, the injured parties will certainly want to make a claim directly against the ride-sharing company to collect more than the $1 million in insurance coverage. Under the agency law, the ride-sharing companies will likely argue that their drivers are independent contractors and not employees. That would mean under agency law that Uber or Lyft might not be held responsible for the damages.