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The latest government statistics on car accidents and resulting fatalities in the U.S. paints a troubling picture of the lack of safety on our national highways and roads. drive9

Last year, the number of people killed in motor vehicle crashes was nearly 35,100, according to the latest numbers released by the National Highway Traffic Safety Administration. That amounts to an increase of 7.2 percent over the previous year. To put that into perspective, the last year there was an increase that high was when Lyndon Johnson was president – way back in 1966. There were 2,348 more people killed in traffic crashes in 2015 as compared to 2014.

Transportation Secretary Anthony Foxx lamented the increase in a press release, saying that even with decades of improved safety features and technology, there are still way too many people being killed on our roads. Fixing the problem, he said, is going to require effort from multiple sectors. His office is working to amass a coalition of safety experts, researchers, data scientists, law enforcement, technology firms, auto manufacturers and the public to help find effective ways to prevent these daily tragedies.  Continue reading

Underinsured motorist (UIM) benefits are those that may be paid by one’s own auto insurer when an at-fault party lacks sufficient insurance to fully cover the damages of a person injured in an accident.drivefastsaab

But matters can become complicated when there are a number of intersecting insurance policies and disputes regarding who was at-fault.

The recent case of State Farm v. Smith involves a driver who to sought benefits from two different policies following a 2006 crash. Continue reading

Waivers of liability can be powerful defenses for businesses and individuals who have negligently acted and caused harm. dumbbell

However, just because a plaintiff has signed a waiver doesn’t necessarily mean there is no case. Although the Florida Supreme Court just this past year strengthened liability waiver defense by holding such contracts don’t need to contain the word “negligence” or “negligent acts” to be effective, the court also ruled in general, public policy should disfavor such contracts.

That said, proving that a waiver of liability was against public policy or ambiguous is a difficult hurdle to overcome. In some instances, it may be necessary to assert defendant acted with gross negligence or intentional, willful, wanton disregard for the safety of others. These kinds of acts are not protected in liability waivers.

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