What is my Case Worth?
Although most all states passed seat belt laws with practically no opposition or fanfare, other vehicular safety laws have stirred more controversy, and motorcycle helmet laws are a good example. While there is little or no evidence on point, many riders, and some safety advocates, believe that motorcycle helmets are basically a wash. While they [...]
A sharply-divided body ruled that limits which “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries” are unconstitutional. Former Gov. Jeb Bush called the Legislature into special session three times before lawmakers eventually approved caps as low as $100,000. Typically, the maximum was $500,000 for serious cases and $1 million for “catastrophic” [...]
Scientists once believed that young children could recuperate rather quickly from brain injuries, but the evidence now indicates otherwise. A study from the Monash University School of Psychological Sciences concluded that even moderate brain injuries among children caused anxiety, depression and other symptoms more than a decade after the trauma occurred. These effects are well-chronicled [...]
The AAA estimates that fatigued drivers cause about a third of the injury crashes in Florida, but this figure is nothing more than a rough estimate. For one thing, there is no “Breathalyzer” test to determine fatigue; for another, many law-enforcement agencies do not code crashes as drowsy driving-related unless the tortfeasor (negligent driver) falls [...]
A West Palm Beach woman lost her appeal against a condominium company; she had sued for damages following a slip-and-fall in a retail area. In Arp v. Waterway East Association, the victim slipped on a loose pavement stone in a shopping center parking lot about 11:00 one night. At trial, the victim testified that she [...]
After several years of declining numbers, the death toll among Florida motorcycle riders went up 30 percent in 2015. Moreover, although they account for only 3 percent of the traffic, motorcycle riders make up 20 percent of roadway fatalities in Florida. Victims who survive face an average of $84,000 in medical expenses. Miami-Dade County had [...]
A leading bicycle safety advocate says he is leaving the state after he was rear-ended by a fatigued driver who did not even receive a citation. Alan Snel made the remarks in some of his first public comments since a March car accident near Fort Pierce on Old Dixie Highway. According to witnesses and police, [...]
Largely because it is such a powerful and widely-available drug, alcohol is a contributing factor in about a third of the fatal car crashes in Florida. What legal recourse do these victims have in civil court? Alcohol is a depressant that slows reaction time, so impaired drivers take longer to react to approaching hazards. Alcohol [...]
Lawmakers in both the State House and Senate are considering measures that would enhance the penalties for texting while driving and also make it easier for officers to pull over motorists in these situations. Both Senate Bill 144 and House Bill 69 designate texting while driving as a primary offense, so officers may pull over [...]
The residential freight and moving truck sector is a $19 billion a year industry coming from almost 14,000 retail outlets. Largely to protect business owners, Congress sharply limited the tort liability for these franchisees and owners if vehicle lessees cause car crashes during their rental periods. However, in some situations, traditional negligent entrustment theory still [...]
