Car Accident

Understanding the Difference Between Criminal and Civil Claims Following a Florida Accident

Published on: March 9, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Sometimes, when an accident takes place, the at-fault party faces criminal charges. However, you may not know that even if the at-fault party is guilty of those criminal charges, you may not receive compensation as the victim of the accident unless you file a separate civil lawsuit successively. Understanding this distinction is crucial, as it directly affects your ability to recover monetarily following a major accident.

According to a recent local news report, a driver who caused an accident that left one individual dead and eight injured likely will not be facing criminal charges. Local police reported that the 75-year-old woman was attempting to parallel park when she suddenly accelerated in reverse, ran over a curb, and hit a parked car before crashing her Bentley into a table with five diners and nearby pedestrians. A 67-year-old man died and eight individuals were injured, but local police reported that there were no signs that the woman was impaired and she will likely only be facing traffic violations. The accident remains under investigation.

Although the woman who caused this Florida accident may not be facing any criminal charges, it does not mean that those who were injured and the survivors of the deceased individual cannot file a civil suit involving personal injury claims separately. Sometimes, when a state’s criminal laws do not hold an at-fault party responsible, suing them for monetary damages is the best way to recover following an accident.

Florida Court Finds Willfully Serving Minors Amounts to Intentional Misconduct

Published on: February 22, 2022 | by Friedman Rodman Frank & Estrada, P.A.

The First District Court of Appeal recently issued an opinion addressing the apportionment of liability stemming from a Florida pedestrian accident. According to the court’s opinion, the underage driver worked at a bar where he received a 50% discount on drinks. After drinking at his place of employment, he drove drunk and proceeded to hit a pedestrian. The pedestrian, who was also underage, was served alcohol at a different bar. The pedestrian filed a lawsuit against both bars to recover damages for her injuries. On appeal, the bar employing the driver argued that they should have asserted a comparative fault defense. The plaintiff asserts that the claim falls under the state’s Dram Shop statute, and therefore the law does not entitle the defendant to this defense.

Florida’s comparative law statute provides that a claimant’s contributory fault reduces their compensation based on their level of fault. However, the law applies to negligence actions, not intentional torts. In this case, the plaintiff cites the state’s Dram Shop statute, which provides that an establishment that sells or provides alcohol to a person will be liable for any injuries or damages resulting from the intoxicated person. The Court reasoned that the dram shop statute does not create a new cause of action; therefore, it does not transform the existing action into an intentional tort.

In light of the finding, the defendant purported to use the “alcohol defense” to thwart liability for the driver’s action. Under the defense, a plaintiff may not recover for damages if:

What Is the Discretionary Planning Function Under Florida Personal Injury Law?

Published on: February 15, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida Statutes Section 768.28 partially waives a governmental entity’s sovereign immunity protections. However, the waiver only applies in cases stemming from a governmental entity’s operational functions and not discretionary planning-level functions. Recently, an appeals court issued a decision addressing a negligence claim involving the government’s discretionary actions.

A plaintiff filed an amended complaint against a Florida town about injuries their minor child suffered while riding their bicycle. The child was riding a bike on a path along a street when they approached a dumpster blocking the path. The child left the bike path and entered the street to avoid the obstruction. A driver struck the child while he was traveling down the street. In response to the plaintiff’s claim, the county moved to dismiss the case based on sovereign immunity.

On appeal, the court reasoned that the law entitles the defendant to sovereign immunity because the plaintiff’s complaint alleged that the county was negligent in its discretionary planning-level functions. Florida law provides that sovereign immunity protects governmental entities for their discretionary functions. Discretionary functions include quasi-legislative decisions, policy-making, and judgmental governmental functions. On the other hand, sovereign immunity does not apply to operational functions such as decisions that implement policy. As such, plaintiffs wishing to overcome sovereign immunity must allege negligent acts “at an operational level.”

Florida Car Accidents Involving Swerving and Failing to Maintain Lanes

Published on: February 8, 2022 | by Friedman Rodman Frank & Estrada, P.A.

According to the World Health Organization, motor vehicle collisions cause more than 1.2 million fatal injuries worldwide and even more non-fatal injuries. Various factors contribute to or exacerbate the severity of a Florida accident. While the causes of Florida accidents are complex, most originate from negligence. Amongst younger motorists, inexperience, lack of tactical skills, and risky conduct seem to be leading factors in accidents. Accidents involving older adults tend to stem from visual, auditory, cognitive and mobility impairments. However, many accidents involve a combination of these factors and other contributing circumstances.

When motorists exhibit the conduct described above, they are more likely to miss obstacles, drift lanes, and cause serious accidents. For example, a recent news article described a fatal Florida multi-car accident. The Highway Patrol report indicates that a pickup truck failed to maintain its lane, crossed into the center, and side-swiped a sedan. The truck driver continued in the wrong direction and slammed head-on with a second vehicle. The pickup truck driver and three passengers in the second sedan died from their injuries. The individual driving the first sedan was able to bring their vehicle to a controlled stop without swerving.

The tragic accident above illustrates how even minor moves can set off a path of destruction and fatalities. Failing to maintain a lane and swerving to avoid accidents are common occurrences, but they can lead to multi-vehicle accidents. There is very little a driver can allege to defend their failure to maintain lanes. However, swerving can be an instinctual reaction to avoid an oncoming vehicle; but safety experts urge drivers to understand alternatives to swerving and how to do so safely.

Florida Auto Accidents with Police Vehicles

Published on: January 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Generally, Florida personal injury lawsuits follow a clear pattern; however, cases involving governmental entities present additional challenges and burdens. Pursuing lawsuits and collecting damages after an accident with a governmental entity or vehicle requires a comprehensive understanding of complex negligence laws. Unlike other states, but for three primary exceptions, Florida permits individuals to pursue negligence actions against governmental entities.

A government employee may be held liable for damages or injuries under certain circumstances in Florida. These situations typically involve cases where the injury stems from a negligent act, omission, or wrongful act of the government employee, there are compensable damages, and the law would hold the responsible party negligent even if they were not a government worker.

Those who have suffered injuries in an accident with a Florida government vehicle should seek legal representation as soon as possible. While the law permits accident lawsuits against Florida police officers, these cases are very fact-specific. For instance, a recent Florida appeals court issued an opinion involving a lawsuit against a police vehicle. In that case, an off-duty police officer rear-ended another vehicle. The vehicle owners filed a complaint against the City of Miami (City) for their damages and losses. However, the City argued that they were entitled to sovereign immunity because the office was off-duty at the time of the incident. The trial court found in favor of the City.

Fatal Florida Accidents Involving T-Bone Collisions

Published on: January 31, 2022 | by Friedman Rodman Frank & Estrada, P.A.

T-Bone or side collisions refer to situations where the front of one vehicle collides into the side of another vehicle. Florida broadside accidents tend to happen at intersections, parking lots, or in situations where one driver fails to stop at a red light or stop sign. These accidents are more likely to result in tin severe injuries or fatalities. Scientific literature from the Association for the Advancement of Automotive Medicine categorized the severity of injuries from these types of accidents.

An analysis of the crash data indicated that about 49% of victims suffered injuries to the chest/abdomen, 24% experienced pelvic/lower extremity injuries, and 4% to their neck/spine. In addition, the largest source of injuries involved arterial damage followed by brain and heart injuries. Generally, four factors influence the severity of injuries in a Florida t-bone accident. These factors include; accident type, occupant exposure, impact area, and crash direction; interestingly, seat belt use was not a primary factor. However, the literature suggests that seat-belt use was critical in reducing ejection and rebound injuries.

Almost all data suggests that the most dangerous type of t-bone accident involves vehicle-to-vehicle collisions. For instance, news reports recently described a tragic accident involving a family vacationing in Florida over New Year. A driver t-boned the family’s vehicle as they pulled into a fast-food restaurant. According to witnesses and a police report, the family’s car rotated across the roadway, onto a sidewalk, and slammed into a light pole. Emergency responders transported the family to a local hospital; however, the mother and son succumbed to their injuries. The case is still under investigation, and it is unclear whether the driver will face charges.

Fatal Florida Accidents Involving T-Bone Collisions

Published on: January 25, 2022 | by Friedman Rodman Frank & Estrada, P.A.

T-Bone or broadside collisions refer to situations where the front of one vehicle collides into the side of another vehicle. Florida broadside accidents tend to happen at intersections, parking lots, or in situations where one driver fails to stop at a red light or stop sign. These accidents are more likely to result in tin severe injuries or fatalities. Scientific literature from the Association for the Advancement of Automotive Medicine categorized the severity of injuries from these types of accidents.

An analysis of the crash data indicated that about 49% of victims suffered injuries to the chest/abdomen, 24% experienced pelvic/lower extremity injuries, and 4% to their neck/spine. In addition, the largest source of injuries involved arterial damage followed by brain and heart injuries. Generally, four factors influence the severity of injuries in a Florida t-bone accident. These factors include; accident type, occupant exposure, impact area, and crash direction; interestingly, seat belt use was not a primary factor. However, the literature suggests that seat-belt use was critical in reducing ejection and rebound injuries.

Almost all data suggests that the most dangerous type of T-bone accident involves vehicle-to-vehicle collisions. For instance, news reports recently described a tragic accident involving a family vacationing in Florida over New Year. A driver t-boned the family’s vehicle as they pulled into a fast-food restaurant. According to witnesses and a police report, the family’s car rotated across the roadway, onto a sidewalk, and slammed into a light pole. Emergency responders transported the family to a local hospital; however, the mother and son succumbed to their injuries. The case is still under investigation, and it is unclear whether the driver will face charges.

Florida Multi-Vehicle Collision Kills 8-Year-Old, Seriously Injures Several Others

Published on: January 10, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida car accidents that occur on interstates and other high-speed roads are especially dangerous, as many drivers fail to realize how speed factors into the likelihood for an accident to occur, as well as the severity of accidents that do occur. Deadly accidents are tragically common on Florida roads, and many could be prevented if all drivers exercise due care when on the road. A recently published local news report discusses an accident that occurred early on New Year’s Eve, which took the life of a young girl and seriously injured several others.

According to the report, the child and her family were traveling in an SUV on Interstate 75 in southwest Florida when their vehicle was struck from behind by another vehicle that was following them closely. After the initial collision, the SUV was crushed into a fuel tanker that was stopped in front of it, resulting in several injuries and the death of the young girl. The news report does not mention if any criminal charges will be filed against anyone involved in the crash, however, the at-fault parties may be criminally and civilly liable for the damages resulting from the crash.

High-speed travel of interstates and highways can be especially dangerous. Two of the most common dangerous and illegal driving behaviors that contribute to highway accidents are traveling with excessive speed and following too closely. Many drivers underestimate the time that it takes to come to a stop when driving at speeds in excess of 60 miles per hour. Factoring in possible distractions as well as reaction time, drivers should leave enough distance between themselves and the next car to allow them to safely stop. Generally, it is reasonable and safe for drivers to leave at least two seconds worth of road between themselves and the next vehicle.

Florida Hit and Run Driver Faces Criminal Charges Following Fatal Accident

Published on: December 31, 2021 | by Friedman Rodman Frank & Estrada, P.A.

Earlier this month, a hit and run accident claimed the lives of two children and injured four others. In the wake of the accident, investigators scoured the scene for evidence. Ultimately, their investigation led them to a man whom they believed was driving at the time of the accident. During an interview, the man confessed to driving the car that was involved in the fatal accident.

Since then, prosecutors announced that the man will face serious felony charges related to the accident. According to a recent news report, the man’s first court appearance was last week, when he temporarily left the courtroom, “objecting” to the proceedings against him. While the outcome of the trial remains to be seen, the family members of the deceased accident victims—as well as those injured in the accident—may choose to pursue a civil personal injury claim against the driver.

After a serious accident involving potentially criminal activity, the person alleged to be at fault may very well face criminal charges. A criminal case is intended to hold the allegedly at-fault driver for violating the law—not necessarily for the harm caused to the victims. Along those lines, if the driver is subsequently found guilty, they can face various punishments, including fines, probation and jail time.

Recovering from a Florida Chain Reaction Car Accident

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

The holiday season is always chaotic—and this year is no exception. With more cars on the road and more people rushing from place to place to get last-minute gifts or supplies for their holiday gatherings, the roads can often be a frustrating and dangerous place to be this time of year. Thus, if you find yourself suddenly caught in a multiple vehicle, chain reaction accident—whether it’s this time of year or any other time of year—it is crucial to remain level-headed and prepared for your next steps, no matter how chaotic the situation may seem.

According to a recent local news report, 11 people were injured following a major chain reaction car accident. Based on a preliminary investigation of the accident, a major set of collisions involving approximately 35 vehicles and multiple semi-trucks over the course of half a mile shut down multiple lanes for several hours. Although no fatalities have been reported, two of the 11 people injured had to be pulled from their vehicles, and everyone who was injured was transported to a local hospital for treatment. Local authorities are still investigating the details of the accident.

Chain reaction accidents take place when one event causes an initial car accident, which leads to other vehicles in the vicinity of the initial accident to also collide with each other. In most chain reaction car accidents, the driver who caused the initial crash is usually the at-fault party. This, however, can change based on the circumstances and facts surrounding an accident.