What is my Case Worth?
Because there is no BAC breath test for drug use, and because police officers rarely bother to obtain search warrants for blood draws, almost all drugged driving prosecutions are based on circumstantial evidence. For similar reasons, these cases are more difficult to win in civil court as well, largely because the negligence per se (negligence [...]
One of the main reasons we file negligence lawsuits is to make the roads safer for everyone, and that is also one of the reasons third party (vicarious) liability is so important. Rented vehicles are a good example. If no one holds Enterprise, U-Haul, and other vehicle lessors responsible when they carelessly rent vehicles to [...]
Many times, nurses and doctors are completely unprepared for shoulder dystocia, which is one of the leading causes of birth injuries. Even if the baby is too large to normally drop through the mother’s narrow birth canal, the umbilical cord keeps dropping, and it will basically wrap itself around the baby’s neck. In less than [...]
In Orlando alone, 60 percent of drivers admit they have operated a vehicle in the last twelve months even though they knew they were too fatigued to drive safely, and because this figure is self-reported, it is probably vastly understated. Nationwide, fatigue driving causes about one million vehicle collisions a year, and many of them [...]
In a previous post, we examined the legal aspects of dog bite claims. But animal attacks are only one rather small component of premises liability law, an area that also includes slip-and-fall injuries, swimming pool drownings, theme park injuries, and even some third-party criminal claims. Duty in Premises Liability Matters Negligence law basically divides vehicle [...]
The actual number is hard to determine, but many people believe that Florida has one of the highest number of unlicensed drivers in the country. Moreover, according to the Insurance Information Institute, the Sunshine State has one of the highest percentages of uninsured drivers in the country. In other words, there are a lot of [...]
It seems like light-years ago now, but back in the 1970s and 1980s, DUI laws were rather weak and sporadically enforced, and in fact, it wasn’t uncommon for police officers to release intoxicated motorists if they promised to drive straight home. Although we now live in a world of strict laws, ignition interlock devices, and [...]
In 2015, homeowners’ insurance companies paid over $570 million to dog bite victims, and the $37,000+ per-claim figure has almost doubled since 2003. Dogs attack over 4.5 million people a year, and many of these victims require emergency medical attention. There are often substantial noneconomic damages as well, as many victims, especially children, are seriously [...]
In most parts of the country, motorcycle accidents decline sharply from the late fall to the early spring. But in Florida, the weather is generally warm all year long, so riders are out all year long. Since there are more riders on the roads, one might think that vehicle operators are more cautious around motorcycles [...]
Two separate incidents from this year illustrate how much lawmakers and law enforcement officials grapple with distracted driving issues. In January, a Cobb County, Georgia officer cited a man for distracted driving because he was eating a cheeseburger while driving, and Georgia has a very broad distracted driving law that prohibits “any actions which shall [...]
