Car Accident

Damages from a Florida Personal Injury Lawsuit May Close the Gap in Medical Coverage for Accident Victims

Published on: February 26, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Florida leads the country in one of the highest rates of serious car accidents. Recent reports by the Insurance Institute of Highway Safety (IIHS) indicated nearly 400,000 Florida motor vehicle accidents occurred in one year. In addition to about 3,000 fatal injuries, over 40% of the accidents resulted in non-deadly severe injuries. These injuries and fatalities often leave the victim and their families with high medical costs. The financial repercussions of these accidents can present lifelong burdens for victims. Car accident victims can recover compensation from different avenues.

Under Florida’s no-fault insurance rules, all insured drivers may recover damages for medical bills regardless of fault. The law requires motorists to obtain at least 10,000 in Personal Injury Protection (PIP) coverage. PIP is intended to compensate injury victims for their medical expenses after an accident. However, this coverage typically only covers 80% of a victim’s medical costs. Further, injury victims must meet the strictest rules regarding medical treatment. Victims must receive treatment from a qualified medical professional within 14 days of the collision. If a victim’s injuries or medical conditions do not meet a qualifying condition, the insured may not be able to draw the entire amount of coverage.

In situations where a victim does not maintain PIP coverage or exhausts the limits, they must make a claim through their private insurer. However, patients must still pay their co-pays and deductibles. These amounts may be high in many cases, especially if the victim requires significant inpatient or recurring outpatient treatment.

Florida Weather-Related Car and Truck Accidents

Published on: February 24, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Motorists in Florida rarely encounter winter-weather driving conditions; however, the current weather episodes throughout the southern United States highlight the importance of being prepared for all driving conditions. Florida leads the nation with one of the highest rates of car accidents in the country. These accidents can result in serious and fatal injuries to drivers, passengers, and bystanders. Drivers should take steps to understand how weather can affect road and driving conditions.

Ice storms and accumulation presents drivers with some of the worst driving conditions. Icy roads tend to occur after snow accumulation or freezing rain. The snow that is not cleared can melt and refreeze, resulting in patches of black ice. Motorists approaching ice or potential black ice should refrain from slamming on their brakes. Instead, if a driver finds themselves skidding or sliding on ice, they should steer in the same direction as their front tires. After regaining control, the driver can slowly steer the car in the direction they want to go in. Quickly jerking the steering wheel can cause the vehicle to spin and veer off the road.

Snow and slush can also cause drivers to experience dangerous road conditions. The dangers are heightened when city officials have not cleared and treated the road. Many southern states, including Florida, are not equipped with proper snow removal equipment. The lack of prompt removal can cause the snow to become heavy and wet, causing drivers to experience additional hazards.

Court Permits Inquiry into Relationship Between Expert Witness and Attorney in Florida Car Accident Case

Published on: February 19, 2021 | by Friedman Rodman Frank & Estrada, P.A.

A district court of appeal recently issued an opinion in a Florida car accident lawsuit against a driver and his employer. The case stems from injuries the plaintiff suffered when the defendant rear-ended him at a red light. The plaintiff filed a negligence lawsuit against the driver and a vicarious liability claim against the driver’s employer. The trial court bifurcated the defendant’s trials and declined to exclude evidence of the employee’s intoxication during the compensatory damages phase. As such, the plaintiff’s attorney addressed the employee’s intoxication during his opening and closing statements. Further, during the trial, the plaintiff presented several medical experts.

At issue is the plaintiff’s attorney’s friendship with one of the medical experts he presented. On appeal, the defendants allege that the trial court erred in allowing the employee’s intoxication and the court’s limitation on their cross-examination of the relationship between the medical expert and attorney. The court ordered a new trial based on the trial court’s error in allowing evidence of the defendant’s intoxication. They found that the inquiry was substantially prejudicial and lacked relevancy. As such, they addressed the trial court’s decision to limit the defense’s examination of the plaintiff’s experts.

The trial court did not permit the presentation of some of the plaintiff’s expert witnesses because of an untimely designation issue. However, the issue occurred because the plaintiff waited until the day before the trial to make the expert’s initial designations. The appeals court reasoned that this action placed the defendant at a disadvantage because they could not present certain parts of the deposition. Further, the court found that in situations where attorneys elect to use their personal friends as experts, they should expect inquiries into their relationship. Therefore, the court should permit the defense to question the relationship and address any issues of bias.

Special Report Reveals Higher Numbers of Fatal Florida Accidents Despite Lower Traffic

Published on: February 10, 2021 | by Friedman Rodman Frank & Estrada, P.A.

The National Highway Traffic Safety Administration (NHTSA), recently provided an update on traffic safety during the national health crisis. The research team collected data from five locations, including Jacksonville, Florida, and Miami, Florida. The findings reported first-quarter data regarding Florida motor vehicle fatality rates. The data found that car accident fatality rates increased, even though the overall number of traffic accidents decreased during the past several years. Additionally, statistics showed an increased prevalence of drug and alcohol use among those who suffered serious or fatal injuries in accidents.

During the beginning of the COVID-19 public health emergency, driving patterns changed drastically, as many people lost their jobs or began working from home. The figures demonstrated that those who remained on the road during the crisis were engaged in riskier behavior. Some of the behavior included speeding, failure to wear seat belts, and driving while impaired. Compared to the previous six months, the proportion of those who tested positive for opioids or marijuana significantly increased during this time.

The NHTSA stressed the importance of seat belt use, as seat belts are one of the most critical safety features in vehicles. Ejection data shows that seat-belted occupants are far less likely to be thrown from a vehicle. The study indicated a decrease in seat belt use during the first period of the public health crisis. Although seat belt use increased slightly later on during the crisis, the overall number was below the level before the emergency.

Court Addresses Summary Judgment Standard in Florida Car Accident Case

Published on: January 20, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Recently, the Supreme Court of Florida answered a certified question regarding the state’s current summary judgment standard. The lower court certified a question asking the court whether there should be an exception to the summary judgment standard when the moving party has video evidence that refutes any evidence that the non-moving party presents.

The case arose after a fatal Florida rear-end car accident. The decedent’s estate filed a lawsuit against the front-car driver and the driver’s employer. At trial, the court relied on the front-car driver’s video evidence showing that the driver was not negligent. However, the appellate court reversed, stating that the trial court “improperly weighed’ conflicting evidence, leading to the certified question.

In the last year, the Florida Supreme Court advised the public of its intention to adopt the summary judgment standard explained by the United States Supreme Court. The court explained that despite the similarities, the Federal Rules of Civil Procedure and the Florida Rules of Civil Procedure had not been aligned. The first difference stems from Florida courts’ refusal to recognize the similarities between summary judgment standards and directed verdicts. Next, Florida courts place the burden on the moving party to disprove the other party’s case theory, to successfully eliminate any issue of fact. Federal courts discharge the moving party’s burden when there is an absence of evidence to support the other party’s case. Finally, Florida courts permit a broad understanding of what amounts to a “genuine issue of material fact”, where the “slightest doubt” is enough to preclude summary judgment. Florida courts have announced that the federal standard best serves the civil procedure rules, and the change will take place in May 2021.

Fatal Florida Car Accident Leads to Wrongful Death Case

Published on: January 18, 2021 | by Friedman Rodman Frank & Estrada, P.A.

A federal district court recently issued an opinion in a plaintiffs’ appeal in a case involving their daughter’s death. The case arose from a tragic Florida car accident that occurred on New Year’s Day.

According to the court’s opinion, the defendant was driving his mother’s sports car with the plaintiffs’ teenage daughter and another passenger. The driver accelerated to above the speed limit, losing control, and slamming into trees and a lamppost. The driver and another passenger survived the collision, but the plaintiffs’ daughter died at the scene. The state pursued criminal charges against the driver, and the plaintiffs filed a wrongful death suit against the driver, his mother, and the other passenger. However, they could not obtain service on the passenger and dropped him from the lawsuit.

The driver claimed he did not obtain his mother’s consent to drive any of her vehicles, including her golf cart or Porsche sports car. Moreover, the mother testified that she was aware that her son did not have a driver’s license, and she did not permit him to drive her Porsche. The mother moved for summary judgment based on her affidavit and her son’s deposition. In response, the plaintiff presented evidence that the mother permitted her son to drive her golf cart. Further, the plaintiffs contended that the mother presented conflicting evidence regarding whether she ever expressly told her son not to drive her vehicles. The plaintiffs also asked the court to continue the summary judgment motion because they were facing challenges deposing the other passenger. The mother argued that the plaintiffs were causing the delay.

The Florida Rescue Doctrine

Published on: December 28, 2020 | by Friedman Rodman Frank & Estrada, P.A.

We’ve all driven by car accidents on the road, usually during a slow down or while authorities are still clearing a crash. How often, however, do you see people stopping to help who aren’t local law enforcement or emergency personnel? Do Florida residents have an obligation or responsibility to stop and help when they witness a major accident?

According to a recent news report, a young man was killed while assisting others involved in a significant car accident. After a crash between two vehicles in front of the young man, he pulled onto the shoulder of the road and ran across the interstate to see if he could help. While the young man was assisting the individuals involved in the crash, another pickup truck veered off the road and crashed into him and the other two cars involved in the initial accident. The pickup truck driver was not injured, but the young man who was assisting was killed on impact.

Although there is no legal obligation to rescue someone in the event of an accident in Florida, if someone is injured in the process of voluntarily rescuing someone, they may be able to recover compensation. In Florida, the rescue doctrine is available to rescuers injured while involved in a reasonable and necessary rescue effort. This law allows the rescuer to potentially recover damages from the party or parties who caused the rescue situation. Florida law holds the at-fault party responsible not only for the damage caused to the victim in the initial accident, but also to any individuals who get involved in the rescue effort.

The Rebuttable Presumption of Negligence in Florida Rear-End Accidents

Published on: December 23, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a news report described a harrowing Florida rear-end car accident that took the life of a 19-year-old woman. The woman was driving south on the Florida Turnpike when an SUV driver failed to slow his vehicle and slammed into the woman’s car. The woman’s vehicle veered into the barrier wall, and she was sadly pronounced dead at the scene.

After a Florida rear-end accident, those who suffer injuries or damages are entitled to pursue a claim for compensation for their losses and damages. Under state law, there is a “rebuttable presumption” of negligence doctrine in rear-end accidents. The presumption serves as a valuable tool for plaintiffs wishing to recover damages; however, it is important to note that, as the name suggests, defendants can rebut the presumption.

In typical Florida car accident lawsuits, plaintiffs maintain the burden of establishing all four elements of a negligence claim: duty, breach of the duty, causation, and damages. A rebuttable presumption is an evidentiary tool that provides that the rear vehicle driver bears the burden of providing evidence to refute their presumed negligence, or explain their failure to avoid the crash.

The Consequences of Waiving Florida Uninsured Motorist Coverage

Published on: December 5, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Under and Uninsured Motorist (UIM) coverage protects individuals if they are involved in an accident with someone who does not have adequate amounts of insurance coverage. In Florida, many insurance companies allow customers to purchase “full coverage” insurance. Despite the name, full coverage insurance does not typically cover UIM coverage; instead, it refers to Florida’s minimum requirements. Moreover, Florida law does not require drivers to purchase bodily injury insurance coverage, which leads to a significant number of motorists operating their vehicles with insufficient insurance. UIM coverage works to protect drivers from having to pay substantial out of pocket costs after an accident.

The law requires Florida insurance companies to provide a UIM coverage option to policyholders. Customers who wish to reject the coverage must provide a waiver in writing. However, in many cases, insurance brokers do not express the necessity of the coverage and are quick to allow a policyholder to proceed with a waiver. As such, many people end up opting out of the coverage without understanding the significant financial repercussions they may encounter.

For example, recently, an appellate court in Florida issued an opinion stemming from a class-action lawsuit against Geico General Insurance Company. The plaintiffs in the class were comprised of Geico policyholders who rejected UIM coverage. The policyholders argued that Geico violated Florida’s UIM rejection coverage process. In Florida, the rejection must be in writing and fully advise the policyholder of the ramifications of opting out of the coverage. Further, policyholders may reject stacked coverage by signing the appropriate form. Here, before 2013, Geico’s online signature process required policyholders to click through screens to get to the electronic signature page. From 2013-2016 the insurance company required customers to view the form two times before signing; however, the form did not comply with state requirements. Finally, in 2016, Geico began displaying the form but did not require policyholders to click any links. In this case, the policyholders all waived UIM coverage during different periods and manner. The court held that the parties did not meet a class-action lawsuit’s requirements because they failed to establish commonality and typicality.

Florida Car Accidents Caused By Drivers Carelessly Pulling Out Into the Road

Published on: November 12, 2020 | by Friedman Rodman Frank & Estrada, P.A.

Every driver knows that to maximize safety while operating a vehicle, you must look both ways and double-check before pulling out of a driveway or parking spot from a stationary position. When the roadway you’re pulling into is especially busy, it can be even more dangerous. Thus, in these situations, drivers must execute the highest degree of care to avoid a Florida car accident.

Sometimes, however, when operating a larger vehicle like a tow truck, it can be hard to see every angle and vantage point while backing up. Larger vehicles often need significantly more space to pull into a busy roadway or execute large turns when pulling out of spaces than regular pedestrian vehicles, so the dangers are elevated further. Unfortunately, accidents involving tow trucks and pulling out of stationary positions into a busy road can make for a deadly combination when it also involves drivers who are not fully present or paying attention to their surroundings.

According to a recent news report, a 15-year-old girl tragically died in a crash after a tow truck collided with the car she was riding in. According to Florida Highway Patrol troopers, the girl was riding as a passenger in a convertible when the tow truck reversed from a driveway into the street, and the convertible hit its flatbed. Based on reports from local authorities, the girl died at the scene, but neither driver was injured.