South Florida Personal Injury Lawyers Blog

Florida Court Denies Plaintiff’s Appeal in Trucking Case

Published on: October 6, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Recently, a Florida court ruled on an appeal involving severe injuries that occurred in a truck parking lot. Originally, the lower court had decided that the company that owned the lot was not responsible for injuries suffered by the plaintiff. Reviewing this decision, the higher court agreed, ultimately denying the plaintiff’s appeal.

Facts of the Case

According to the opinion, the defendants in this case owned a commercial parking lot that contained crushed concrete and was used as a spot for large commercial trucks to park. Owners of these trucks could pay a monthly fee and keep their vehicles in the lot. The lease agreements said that no oil changes or engine work could be performed on the lot, but that emergency repairs were acceptable.

Despite this prohibition, truck owners would still occasionally perform mechanical repairs on the lot. On January 23, 2016, the plaintiff in this case came to the lot and noticed that others were working on trucks that day. He saw no signs prohibiting mechanical work, so he began working on his own vehicle.

Two Harley Riders Killed in Fatal Florida Two Vehicle Crash

Published on: September 30, 2022 | by Friedman Rodman Frank & Estrada, P.A.

It is common knowledge that riding a motorcycle is more dangerous than driving that same distance in a car or larger motor vehicle, but the discrepancy in safety might surprise you. Some sources claim that someone riding on a motorcycle is 26 times more likely to die in an accident than someone riding or driving in a car over that same trip. The increased level of risk presented by motorcycles on the road should lead drivers of cars and motorcycles to exercise extreme caution when on the road. The open nature of motorcycles and the smaller vehicle weight and profile mean that drivers should be extra vigilant and aware when they are more likely to encounter motorcycles on the road. A recently published local news report discusses a fatal motorcycle crash last month that killed two Harley riders.

According to the local news report, the accident occurred in Melbourne on Wickham Road when a 2012 Ford Focus driven by a 75-year-old Melbourne man exited the parking lot of a shopping center and attempted to cross Wickham Road to travel east onto College View Drive. Two men were riding on a 2001 Harley Davidson northbound on Wickham Road at the time when they struck the Ford Focus on the right side. Both of the motorcycle riders were taken to the hospital where they died according to police. According to the authorities, there is an ongoing investigation to determine if alcohol or drugs were a factor in the crash. The police did not say if the driver of the Ford Focus was injured in the accident.

Comparative negligence is the legal concept that parties in an accident are assigned the percentage of fault that they were responsible for in the accident. Under the pure comparative negligence theory, an accident victim can recover money from an equally or less negligent party. Under Florida law, 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 the claim is successful, the total damages awarded will be reduced by the victim’s percentage of fault.

Five Dead in Fatal Miami-Dade Wrong-Way Car Crash

Published on: September 30, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Wrong-way car crashes refer to situations where one vehicle collides with another automobile while going in the wrong direction on a street, resulting in a violent collision between two incoming vehicles. According to AAA Foundation for Traffic Safety (AAAFTS), between 2010 and 2018 there were 2,921 fatal wrong-way crashes resulting in 3,885 deaths—an average of 430 deaths per year. Florida is not exempt from these types of accidents, ranking second out of all states with an average of 34.4 per year. A recently published CNN news report discusses a fatal wrong-way crash in Miami-Dade county.

According to the CNN news report, the accident occurred one early morning last month after a 30-year-old man was driving at a high rate of speed in the wrong direction on State Road 826. The police stated that the man was driving in the wrong direction at a high rate of speed for at least a mile before hitting another vehicle head-on, killing all five passengers in the other vehicle. There were four women and one man between the ages of 18 and 25 killed in the crash. The wrong-way driver was airlifted to Ryder Trauma with serious injuries according to the police. The highway patrol stated that he remains hospitalized and will be booked into jail once discharged and is being charged with several counts of vehicular homicide. Troopers are awaiting a toxicology report to determine if impairment was a contributing factor. If the driver was impaired at the time of the crash, more charges could potentially be filed.

According to the AAAFTS, the most common causes of wrong-way driving include drunk or impaired drivers, unlicensed drivers, older vehicles, and drivers over the age of 70 years old. The AAAFTS states that drivers with one or more of these factors are heavily present in the wrong way crashes. While these factors may seem relatively distinct, each one has the potential for a distracted or inexperienced driver more prone to making fatal errors. Although establishing fault in a wrong way driving accident may seem straightforward, many factors could impact a victim’s recovery. An attorney can help accident victims at all stages of the claims process, including by helping gather evidence, leading settlement negotiations, litigating, and appealing.

Florida Construction Worker Killed in Tragic Workplace Accident

Published on: September 23, 2022 | by Friedman Rodman Frank & Estrada, P.A.

As communities in Florida and nationwide continue to make investments in infrastructure and development projects, construction remains a powerhouse of industry in the state. Unfortunately, construction jobs can be hazardous for both the workers as well as members of the public. A 27-year-old construction worker was recently killed in an accident in Tampa Bay when a large concrete slab broke from a seawall and crushed the man.

According to a local news report discussing the tragedy, workers had been replacing a seawall in Port Tampa Bay when a piece of concrete broke apart, and a slab weighing approximately 3000 lbs fell month the worker. Emergency crews were called, but the worker was pronounced dead at the scene. The article does not contain many details, but it appears that negligence may have been a factor in the accident.

Florida workplace accidents caused thousands of injuries and deaths each year. People hurt or killed in such incidents can often pursue compensation for their injuries and loss by making a Florida workers’ compensation claim. Florida law requires most employers to maintain workers’ compensation insurance that covers losses related to workplace accidents. Workers’ compensation coverage may pay for medical bills, lost wages, and other economic damages related to their injury.

Plaintiff Successfully Appeals Rejection of Claim by Insurance Company

Published on: September 20, 2022 | by Friedman Rodman Frank & Estrada, P.A.

Florida residents and homeowners know very well that they and their properties exist comfortably at the whim of Mother Nature, whose destructive forces can cause problems on short notice. As the 2022 hurricane season comes to a close, many Florida residents are addressing maintenance and repair needs caused by the tropical weather. Floridians may purchase homeowner’s insurance, renter’s insurance, and federal flood insurance to protect themselves and their properties in the event of a weather-related disaster. The Florida Court of Appeal recently addressed a plaintiff’s water damage claim with their homeowner’s insurance company, which was previously rejected based on alleged fraud.

According to the facts discussed in the recently published opinion, the plaintiff purchased a homeowner’s insurance policy for her Orlando home from the defendant in May 2016. In April 2017, the plaintiff’s home was damaged in a storm, and she made a claim with the defendant to cover the damages. The plaintiff was offered a settlement of her claim that was not sufficient to cover her losses, and she pursued a breach of contract claim against the defendant to cover all of her losses. In investigating the plaintiff’s claim, the defendant discovered that a home inspection was completed in 2015, and the plaintiff did not disclose that the inspection found roof damage and water damage in the home before the plaintiff purchased the policy.

After discovering the inspection report, the defendant sought to deny the plaintiff’s claim and responded as such to the court. The trial court agreed that the plaintiff materially misrepresented the condition of the home when purchasing the policy, ruling that such misrepresentation invalidated the plaintiff’s claim of new water damage. The court threw out the plaintiff’s claim before a jury was even selected for trial. The plaintiff appealed the case resolution to the Florida Court of Appeal. The appellate court agreed with the plaintiff that for a homeowners insurance policy to be invalidated based on misrepresentation or fraud, the insured must intend to mislead the insurance company. Such intent is a fact judgment, that should be determined by the jury at trial. As a result of this finding, the court ruled that the trial court was not justified in disposing of the plaintiff’s claim. The trial court ruling was reversed, and the case will be remanded to proceed toward settlement or a trial on the plaintiff’s claims.

Two Killed in Florida After Wrong-Way Driving Leads to Head-On Collision

Published on: September 20, 2022 | by Friedman Rodman Frank & Estrada, P.A.

At any second, a small fender-bender can happen, disrupting the commute of those involved in the accident, and sometimes, disrupting the commute of those who are not directly involved. In these smaller fender-bender accidents, it can cause you the inconvenience of having to make an insurance claim and deal with car damage, and in some cases, caring for any injuries. In much scarier situations, automobile accidents can cause a lot of damage, including when it involves a head-on collision. You’ve probably seen an action movie where a high-speed chase is occurring, and a driver chooses to drive in the wrong direction for some period of time. But it’s not on an everyday basis that you see such wrong-way driving in real life. Wrong-way driving can lead to scary head-on collisions, and in the case that you observe a driver driving in the wrong direction, it can be extremely important to safely move off the road if possible and report local authorities.

According to a recent news report, a deadly multi-vehicle accident occurred in Leon County. Florida Highway Patrol received calls of a wrong-way driver, to which troopers responded and arrived moments after the initial calls. The troopers located a sedan that was facing eastbound in the westbound lane, and the vehicle was involved in a head-on collision with another sedan. Unfortunately, both drivers were pronounced dead at the scene. The Fire Department put out fires at the scene of the accident.

What are Common Causes of Head-On Collisions?

Head-on collisions, although less common than the everyday fender-bender, can happen for a variety of reasons. These types of collisions may occur because of a mistake, where one driver confuses the direction of traffic, for example. The collision may occur because of mechanical issues with a vehicle, such as a vehicle being unable to brake or turn properly. In other situations, head-on collisions may occur because of distracted driving or driving while under the influence of alcohol and/or drugs.

Federal Appeals Court Revives Civil Assault Claim Against School Security Officer

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

Florida residents who intentionally or recklessly injure another by their conduct may be held criminally accountable by the government for their conduct with the filing of assault or criminal battery charges. In addition to this criminal liability, a person guilty of an assault that caused an injury can be held accountable for financial and other damages in civil court. A former middle school student’s lawsuit against a school security officer who allegedly assaulted him on school property has recently been addressed by the U.S. Court of Appeals for the 11th Circuit, where the defendant’s claim of qualified immunity was ultimately rejected.

According to the facts discussed in the appellate opinion, the plaintiff was a 13-year-old boy at the time of the incident. The plaintiff and his mother were checking in with the office at the plaintiff’s school when the security officer was called to address the plaintiff’s behavior. After speaking with the plaintiff for about 2 minutes, the defendant inexplicably grabbed the plaintiff’s face and tackled him to the ground, causing injuries. After the incident, the defendant was fired from his job at the school and ultimately criminally charged with assault for his behavior.

Aside from the criminal proceedings, the plaintiff pursued a civil assault claim against the defendant in federal court. The plaintiff claimed that the defendant acted illegally under his supposed authority as a school security officer, and had no right to detain him with the force applied. Before trial, the defendant successfully argued to the court that he had “qualified immunity” from the charges. The trial court found that the defendant was working within the scope of his authority as a security officer and that the force used was not excessive. The plaintiff appealed the ruling to the 11th Circuit U.S. Court of Appeals.

Auto-Pedestrian Accident Kills One in Nassau County

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

Crosswalks and roadsides can be some of the most dangerous areas in Florida cities for pedestrians, bicyclists, and motorists alike. Traffic equipment failure, visibility obstructions, and negligent driving all contribute to the dangers that pedestrians face when walking near a roadway or crossing at a crosswalk. A crash that occurred late last month in Nassau county involving two vehicles and two pedestrians has left one 73-year-old St. Petersburg man dead, and another woman in critical condition.

According to the facts discussed in a local news report, two pedestrians were walking along the roadside when another vehicle approached from behind, striking the pedestrians and then crashing into a parked car. It is unclear from the article if speed or intoxication were at issue, although the article does not mention charges being filed against the driver.

Drivers must be attentive at all times while driving and keep on the lookout for pedestrians and other vehicles. During early mornings and late nights, it can be hard to see pedestrians along the roadside, however, it is especially important for drivers to maintain their attention on the road. Parked cars along a roadside, especially near an intersection, can obstruct both drivers’ and pedestrians’ views of the roadway, and increase the risk of an accident. Florida’s auto and pedestrian infrastructure is also in need of maintenance and improvement, and some intersections do not have properly functioning signage or traffic control devices.

Florida Plaintiff Successfully Rebuts Employer’s Claim that He Failed to Follow Course of Prescribed Treatment for Heart Disease

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

In a recent decision, the First District Court of Appeal in Florida addressed a worker’s compensation claim revolving around one individual’s heart disease. On appeal, the court had to decide whether the individual qualified for benefits based on a Florida statute stating that if a plaintiff departs from his doctor’s prescribed course of treatment, he may not be eligible for compensation. According to the court, the individual here did not significantly depart from his doctor’s prescribed course of treatment, and thus he was entitled to the benefits he requested.

The court began by examining the facts of the case: the plaintiff here was a deputy sheriff who suffered shortness of breath and chest pain on an overnight shift in February 2019. He was admitted to the hospital for a heart attack and immediately underwent an arterial stent implant procedure.

The plaintiff sought compensation for the injury, and his employer argued that he should not be entitled to compensation because he failed to follow his doctor’s prescribed course of treatment. Under Florida law, if a plaintiff in a worker’s compensation case significantly departs from the physician’s course of prescribed treatment, that plaintiff’s employer may not be responsible for compensating him after an injury.

Five Young Adults in Florida Killed in Fatal Crash

Published on: August 27, 2022 | by Friedman Rodman Frank & Estrada, P.A.

When negligent or reckless driving is at play, the consequences can be severe, as is evident from a recent fatal collision that took place near Miami. A popular news site recently published information on the accident, revealing details about the driver as well as the victims of the devastating crash.

According to the article, a Florida driver was driving the wrong way on an expressway around 4:30am one recent Saturday. His Nissan Infiniti was going eastbound in the westbound lane, and he encountered a Honda sedan going the correct way on the road. Neither the Infiniti nor the sedan had an opportunity to swerve, and the cars crashed into each other head-on. There were four women and one man inside the sedan, and all five of them were killed upon impact. The driver of the Infiniti was taken to the hospital, where he is still being treated for his injuries.

Investigations revealed that the driver has not possessed a valid driver’s license for eight years, since he was arrested in 2014 for speeding. According to one report, the driver had been arrested for driving 109 miles per hour, which is significantly above any speed limit on Florida’s expressways. The driver’s license had not been reinstated; thus, he was operating his vehicle illegally when he crashed into the five victims. It is unclear whether alcohol or drugs were involved in the accident, and at the moment, no foul play is suspected.