Articles Posted in Car Accident

In a recent appeals case, the District Court of Appeals of the State of Florida Fifth District produced an opinion for an appeal involving sovereign immunity for the city of Winter Park in a vicarious liability case involving an off-duty police officer. The plaintiff, a driver involved in the car accident with the police officer, sued the defendant, the city of Winter Park, alleging that Winter Park was vicariously liable for the officer’s purportedly negligent driving. The city of Winter Park moved for summary judgment on sovereign immunity grounds at trial. Following the completion of the discovery process, the trial court denied the motion for summary judgment, finding that the issue of whether the officer was within the scope of his employment was a fact question. Winter Park then filed a timely appeal.

The incident in question occurred on June 17, 2019, when Officer Rojas, a police officer in Winter Park, was involved in a car accident in Casselberry, a municipality in Seminole County. Officer Rojas receives a “take-home” patrol vehicle to drive to and from work and for use during each shift. On the day of the accident, Officer Rojas testified that his shift ended at 3:00 p.m. and shortly thereafter, he left the police station in his take-home patrol vehicle. Roughly 30 minutes after his shift ended, he was involved in a car accident along his customary route home.

The crash occurred in Casselberry, which is beyond the Winter Park city limits. Officer Rojas was not performing any duties as a police officer following the end of his shift, though he was in his Winter Park police uniform. Ultimately, the trial court ruled that the question of if Officer Rojas was within the scope of his employment was a disputed issue of material fact for a jury to resolve. Winter Park appealed, maintaining that it is entitled to sovereign immunity as a matter of law.

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In 2021, Florida experienced a total of 401,533 car crashes, including 3,445 fatal accidents and 163,961 crashes resulting in injuries. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), there have already been 146,074 vehicle crashes in Florida this year. The FLHSMV states that those accidents have resulted in 93,662 total injuries and 1,256 deaths. As vehicle accidents and crashes continue to occur throughout Florida, it is vital to be aware of the car accident laws in effect within the state.

Minimum Insurance Requirement

Florida does not require drivers to have bodily injury liability insurance coverage. This is uncommon as the majority of states require this type of coverage. Bodily injury liability insurance covers injury-related losses that a policyholder causes to other motorists if the policyholder is deemed responsible for the accident. Instead of requiring bodily injury liability insurance, Florida requires motorists to have a minimum of $10,000 in personal injury protection coverage and a minimum of $10,000 in property damage liability coverage. Personal injury protection coverage pays for a policyholder’s own losses following an injury from a collision while property damage liability coverage addresses property damage that the policyholder causes others in a collision.

Mandatory Police Reporting

There is a common misconception that automobile accidents must always be reported to the police. In Florida, drivers involved in a collision are required to report a crash to policy only if one of the following two things are true: (1) the crash caused a minimum of $500 in vehicle or property damage, or (2) the crash caused injury or death. If a crash does not meet either of those criteria, drivers may self-complete a “Driver Report of Traffic Crash Report” or a “Driver Exchange of Information” as detailed by the FLHSMV.

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Head-on collisions are some of the most serious and deadly types of car accidents. Head-on car collisions occur when two cars going in opposite directions come into contact, often with devastating consequences. The causes of such crashes are broad, but the resulting crashes are often severe. Occasionally, road design or layout can be responsible, such as if there is inadequate signage or confusing traffic lining on the roads. In some instances, the vehicle manufacturer could be responsible if a vehicle defect causes a crash. However, in most head-on car accidents, at least one of the drivers involved is responsible for the crash. The driver or motorist could be drunk or tired, leaving their lane, resulting in a head-on crash. Determining who is responsible is an essential task when exploring a legal claim for damages. Having a good understanding of the cause of a crash can ensure you recover the maximum compensation for your injury.

According to the Insurance Information Institute (III), head-on collisions accounted for approximately 10% of all fatal motor vehicle accidents in the year 2020. Head-on collisions are extremely dangerous and resulted in 3,621 deaths and thousands more injured throughout 2020 according to the institute. The various causes of head-on collisions range from distracted driving or inhibited driving to reckless driving and fatigue. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV), tracked 32,445 crashes throughout Florida in April 2023. The FLHSMV reports that those accident levels are slightly down from the 35,620 car accidents that occurred in March. A recent news article discusses a serious head-on collision in Miami-Dade County, Florida.

According to the news report, the accident occurred on Friday, April 28, when a white Chevy Camaro heading north crashed into a silver Toyota pickup truck heading south. A member of the highway patrol stated that the Chevy Camaro was in the southbound lanes near Northwest 199th Street when it crashed head-on into the Toyota pickup truck heading south. The highway patrol stated that all of the lanes in both the southbound and northbound directions were closed in the area to allow for the landing of an air rescue helicopter. The helicopter transported the driver of the Chevy Camaro to Jackson Memorial Hospital’s Ryder Trauma Center. The driver of the Chevy Camaro suffered serious injuries while the driver of the Toyota pickup truck had only minor injuries.

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV), tracked 32,445 crashes throughout Florida in April 2023. The FLHSMV reports that those accident levels are slightly down from the 35,620 car accidents that occurred in March. According to the Insurance Information Institute (III), head-on collisions accounted for over 10% of all fatal motor vehicle accidents in 2020. Head-on collisions are extremely dangerous and resulted in 3,621 deaths and thousands more injured throughout 2020 according to the III. Causes for head-on collisions range from distracted driving or inhibited driving to reckless driving and fatigue. Such collisions typically occur when a car crosses into an opposite lane of traffic and strikes a car going in the other direction. A recent news article discusses a fatal head-on collision in Marion County, Florida.

According to the news report, the accident occurred around 11:45 am on Friday, April 28, when a 2006 Chevrolet Trailblazer collided with a 2013 Honda CR-V. A member of the highway patrol stated that the Chevrolet Trailblazer was heading East on Highway 387 when it went left of center and struck the Honda CR-V head-on. The driver and both passengers inside the Honda CR-V were all killed in the crash as well as the driver of the Chevrolet Trailblazer. A passenger in the Chevrolet Trailblazer was injured and taken to a nearby hospital for treatment. The Marion County Coroner stated that one of the vehicles had Florida license plates while the other car had Ohio license plates. The identities of the individuals involved in the crash had not been revealed at the time of publication.

In most head-on car accidents, at least one of the drivers involved is responsible for the crash. If a driver or motorist is drunk or tired and leaves their lane, resulting in a head-on crash, they would be responsible. Occasionally, road design or layout can be responsible, such as if there is inadequate signage or confusing traffic lining on the roads. In some instances, the vehicle manufacturer is responsible if a vehicle defect causes a crash. Determining who is responsible is an essential task when exploring a legal claim for damages. Having a good understanding of the cause of a crash can ensure you recover the maximum compensation for your injury.

Recently, the district court of appeals for the State of Florida Fifth District issued an opinion in an appeal involving a negligence claim by the appellant, the plaintiff, against the appellee, First Team Ford, LTD d/b/a Autonation Ford Sanford, a Florida Limited Partnership (the Dealership). Ryan Matthews, the general manager of the Dealership drove a Ford Expedition owned by the dealership home one day. On his drive home, he got in an automobile accident with the plaintiff. As a result of the accident, the plaintiff filed a complaint against Matthews and the Dealership, alleging a negligence claim against Matthews, and a vicarious liability claim against the Dealership. The plaintiff settled with Matthews and the case proceeded solely against the Dealership. At trial, the court entered a final summary judgment in favor of the Dealership.

Facts of the Case

On December 21, 2016, Matthews, the general manager of the Dealership, drove his wife’s vehicle, a Chevy Tahoe, into the dealership. Matthews testified that he brought the Chevy Tahoe into the Dealership to get the oil changed, but also that he was interested in purchasing a Ford Expedition, and used this as an opportunity to test one out. While there, Matthews executed a “Loaned Vehicle Agreement” in order to drive home a Ford Expedition owned by the Dealership. Matthews left the Dealership driving the Ford Expedition. On the drive home, Matthews got into a car accident with the plaintiff. The plaintiff filed a complaint against both Matthews and the Dealership, alleging negligence by Matthews and vicarious liability against the Dealership under Florida’s Dangerous Instrumentality Doctrine. Matthews and the plaintiff settled, leaving only the case against the Dealership.

In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving a direct negligence claim and a vicarious liability claim by the appellant, the plaintiff, the appellees, a corporation, and its supervising employees. The plaintiff’s claim arose from a crash he suffered while riding his bicycle along a busy street. When he crossed in front of an automobile dealership, an employee of the dealership was leaving in a company van for delivery and crashed into the plaintiff. Responding to the operative complaint, the dealership admitted ownership of the van and that the driver was driving the van with permission while in the course of his employment when the crash occurred. At trial, the lower court dismissed all of the plaintiff’s claims.

At trial, the plaintiff filed claims of negligent driving against the driver and the dealership and additionally filed a claim against the dealership supervisors for negligent training, retention, supervision, and entrustment. He also filed a complaint alleging negligent hiring against the service manager. Finally, the plaintiff filed a vicarious liability complaint against the dealership corporation, North American Automotive Services, Inc. (North American), for the acts of its employee, the general manager. The supervisors, as well as North American each moved to dismiss their respective claims, and the trial court granted all three motions to dismiss. After final orders were entered dismissing the negligent employment claims with prejudice, the plaintiff gave notice of appeal.

On appeal, the plaintiff contended that the trial court erred in dismissing his claims against the supervisors and North American by ruling that, pursuant to Clooney, negligent employment claims against individual supervisors must allege that the subordinate employee’s negligent acts were outside the scope of employment. The appellate opinion found that the trial court’s reliance on Clooney was misplaced. In Clooney, the plaintiff did not allege direct negligence against the employer. Instead, the two counts which the trial court struck alleged concurrent theories of recovery based on vicarious liability. In short, the counts in Clooney were redundant. Additionally, the negligent employment claims in Clooney were brought against the employer and not individually against the supervisor. The appellate opinion further pointed out that in the case before them, the plaintiff did not make any negligent employment claims against the employer of the driver causing the accident, but instead, the negligent employment claims were made against the supervisors individually, and vicariously against an employer of one of the supervisors.

While it is common knowledge that driving a motorcycle or motorbike is relatively more dangerous than driving a car or other four-wheeled motor vehicle over the same distance, the difference in safety is starker than you might think. According to some sources, riding a motorcycle can be up to 26 times more likely to die in an accident than someone in an automobile over an identical trip. The heightened level of risk present in motorcycle riding should put car drivers on alert to exercise extreme caution when out on the road. The unprotected nature of motorcycles and the lighter weight and small profile while driving means that car drivers should be hyper-vigilant and aware of motorcycles so as to avoid crashes when driving. A recently published news report detailed a fatal motorcycle crash in Pasco County, Florida, from last month.

According to the recently published news report, the Pasco County motorcycle accident occurred on the afternoon of Thursday, February 16, when an 83-year-old driver of an SUV was traveling northbound on Oakmont Ave and failed to stop at the intersection. Subsequently, a 63-year-old Tarpon Springs man who was driving a motorcycle westbound on Anclote Blvd approaching Oakmont Ave collided with the SUV and collided with another vehicle. The driver of the motorcycle was transported to a nearby trauma center, where he died from his injuries.

Florida makes use of the pure comparative negligence standard. Comparative negligence is the legal concept that parties in an accident are assigned the calculated percentage of fault that they were responsible for in a given accident. Under the pure comparative negligence model, an accident victim can recover money from an equally or less negligent party. That means that in the state of Florida, accident victims can recover compensation from the other party, even if the victim is partially at fault, including fault that exceeds 51%. In practice, this means that even if the victim is found to be mostly at fault for an accident during a trial, they can still seek compensation for personal damages from the other party. If a claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault. It is vital to have an experienced accident attorney to navigate this complex process.

From year to year, Florida is consistently one of the states with the most traffic accidents each year. One of the most common ways to measure the risk of fatal car accidents from state to state is the metric of deaths per 100 million miles traveled within a given state. This statistical format can be helpful to calculate driving risks in a state while controlling for disparities in population between different states. According to the Insurance Institute for Highway Safety, the deaths per 100 million miles traveled within Florida is 1.60, placing it ahead of all but a handful of other states in the country when it comes to drivers and passengers killed in car accidents. Fatalities in Florida car accidents have been rising since 2018, and currently, nearly 40% of all vehicle crashes result in injuries. Crashes occurring on highways can be particularly dangerous due to the higher speed limits on highways, resulting in more serious implications than crashes occurring at slower speeds.

When it comes to vehicle accidents, drivers and passengers in Florida need to be aware of the variety of factors that can be used to calculate pain and suffering damages after a car collision. These factors include but are not limited to injury category, the time required for recovery, treatments, and the severity of the crash. These different elements can help pinpoint the necessary compensation in court after a car crash. Many of these factors are related, as the more serious the crash, the more likely the time to fully recover will be longer. A recent news article discussed a recent fatal St. Lucie County highway from last month.

According to the news article, the accident occurred when two cars collided at an intersection of State Road 70. The accident is being investigated by the Florida Highway Patrol (FHP). According to the FHP, a 58-year-old man was traveling South on Shinn Road approaching the intersection on State Road 70 when he collided with another vehicle driven by a 51-year-old man driving West on State Road 70. The incident occurred on Friday, February 17, around 5:38 a.m. The 58-year-old man was killed during the collision after failing to yield the right of way to the second vehicle.