Articles Tagged with car-accident-attorney-in-naples

Alarming new research reveals teen driver distraction is a bigger problem than we all thought. carcrash7

While previous research from the National Highway Traffic Safety Administration indicated 14 percent of all teen driver crashes were attributed to distraction, this latest study from AAA – which analyzed some 1,700 crash videos – found that figure was closer to 60 percent.

Study authors affixed dash cameras to vehicles driven by nearly 6,850 teen drivers over the study period, and during that time, recorded 1,691 hard-braking events or crashes. The view on the videos allowed researchers to see not only outside the windshield, but also inside, to the actions of the 16- to- 19-year-old drivers in the moments just before impact.

Rep. Paul Ryan (R-Wis), has been named as a defendant in a personal injury lawsuit following a car accident in which his chief of staff, who was serving as Ryan’s press secretary at the time of the crash, rear-ended plaintiffs’ vehicle, resulting in injuries to a driver and passenger. suv2

Each allege they suffered a myriad of injuries and are seeking $50,000 each in compensation.

However, Ryan and his aide, who are being represented by the U.S. Justice Department in the matter, are arguing the case should be dismissed absent a waiver of sovereign immunity. This is the provision that shields the federal government from tort action unless it has previously stipulated to an exception.

When a trucker, busy perusing pornography behind the wheel, crashed into a disabled vehicle and killed the driver, her family sued not only the trucker, but also the man’s employer and the owner of the truck. tracksonsand

New York, like Florida, has broad laws on who may be held liable in the event of a crash. However, the defendant attempted to shield itself using the “Graves Amendment,” a law passed in 2005 with the intended purpose of shielding rental car companies from liability stemming from negligent driving by customers.

Recently, a federal judge reviewing Stratton v. Wallace rejected this argument, creating an important precedent in the current legal landscape. That’s because, as our Naples truck accident lawyers understand it, this defendant, a large trucking agency, has done something many others have in recent years in an effort to skirt responsibility for negligent drivers. It created several smaller affiliates, which then leased the trucks (and in some cases, labor) to the “sister company” within the same corporate family. By creating this degree of separation, firms reason they can evade liability statutes.

The U.S. Court of Appeals for the Eighth Circuit recently remanded a truck accident case for re-trial, after the plaintiff presented a strong case for how elements of a crash report, previously deemed inadmissible, were inappropriately entered into evidence and improperly prejudiced him. trucker

The trial court jury entered a verdict apportioning no fault to either party, essentially creating a situation wherein the plaintiff received no compensation for his serious and life-long injuries.

Our Naples truck accident lawyers understand the primary concern of the trial court in refusing to admit the police crash report in the first place was that it amounted to hearsay because the officer was unavailable to testify at trial.

Far too many motorists in Florida drive without insurance. Recent estimates by the Insurance Research Council put the figure at 1 in 4. Compounding the problem is even those who carry insurance often pay for only the minimum.

Our car accident lawyers in Naples know this means that when a person is involved in a serious crash, the insurance of the at-fault driver doesn’t cover all necessary expenses for injury and property damage. This is where uninsured and underinsured motorist claims come into play. carsassorted

Uninsured and underinsured motorist coverage will cover the difference between what the at-fault driver’s insurance paid and the compensation required to cover your costs. In most policies, one of the requirements of securing this coverage is that all other remedies first be exhausted before pursuing  a claim.

In 2003, two young men in their 20s died in a collision with a drunk driver. However, when it came to determining liability, the courts struggled with the implications of the facts in  O’Connell v. Walmsely. Primarily, it has to do with comparative fault, or the degree to which the injured party contributed to those injuries (or in this case, death). SONY DSC

Naples car accident lawyers know that both Florida and Rhode Island, where the O’Connell case was heard, follow the pure comparative fault model, in which a plaintiff’s fault won’t bar recovery of damages, but may reduce the total amount recouped.

According to Rhode Island Supreme Court records, this case was brought by the parents of a deceased passenger against the driver of another vehicle that had struck in the opposite direction. Originally, the parents named numerous other parties as defendants, including the owner of the vehicle in which their son was a passenger (the father of the deceased man who was driving), as well as the father’s insurer. The other claims were settled prior to trial, but the one against the other driver continued to trial.