Articles Tagged with fort-myers-car-accident-lawyer

Our roads and bridges are in terrible shape, and that puts us all risk for serious injury and death while driving. cars

According to a recent report by TRIP, a transportation solutions research group in D.C., we would need to shell out $740 billion to repair the infrastructure deficiencies that exist right now on highways, roads and bridges. And even that wouldn’t be a long-term solution. We need to find a sustainable source of funding if we’re going to keep pace with the ever-increasing amount of vehicle miles traveled – which has increased 15 percent in the last year and is expected for heavy trucks to increase 72 percent in the next 15 years.

The report, “Bumpy Roads Ahead, America’s Roughest Rides and Strategies to Make Our Roads Smoother,” details how poor road conditions affect our wallets and our safety. Potholes and pavement deterioration are bad for our tires and for the level of control we maintain over our vehicles. This is especially perilous on highways, which get high volumes of heavy vehicles. If those drivers lose control of their vehicles – even momentarily – the it could prove deadly.  Continue reading

Generally speaking, Florida state courts have the authority and the jurisdiction to oversee civil lawsuits pertaining to car accidents that happen in this state. However, as the recent case of Erie Insurance v. Larose reveals, a tricky matter of personal jurisdiction of an insurer may force a plaintiff to pursue their claim in a federal courtroom.car accident

In the Larose case, the question was whether an out-of-state auto insurance company that issued a policy to an insured out-of-state:

  • Met the criteria for Florida’s long-arm jurisdiction statute in F.S. 48.193;
  • Had a sufficient number of contacts with Florida so that subjecting it to jurisdiction in Florida courts wouldn’t offend constitutional due process.

While the court found Florida’s long-arm statute was applicable, it could not find that plaintiff proved defendant had a sufficient number of Florida contacts. Continue reading

For some accident victims, securing an out-of-court settlement or favorable verdict in court is just the first step. money2

Aside from the possibility of appeals, plaintiffs who sued government agencies must fight to collect on anything above $200,000 – even if the defendant agency agrees to pay it.

That’s because Florida lawmakers capped damages for all claims against the government or government employees at $200,000.

Florida was one of the last states to pass a measure banning text messaging for drivers, finally taking the leap in 2013. The law bars drivers from typing or reading text or e-mail messages while driving. But many were critical, arguing the law didn’t go far enough as a secondary offense. Plus, there are exemptions for talk-to-text models and GPS use. cellphone1

Now, there are efforts to correct such shortcomings.

Three bills have been presented in the 2015 legislative session that would amend the Florida texting-while-driving ban to make it a primary offense, increase penalties for violations in school zones and in school crossings.

Companies have a responsibility to pay for damages caused by their employees in automobile accidents as part of the vicarious liability doctrine. OLYMPUS DIGITAL CAMERA

There are a few defenses to this doctrine, however, and one would be denial that the individual was an employee. In these cases, Fort Myers car accident attorneys recognize that the defendant’s word shouldn’t necessarily be taken at face value. In some instances, it’s up to the courts to decide whether an individual was an employee, based on the working relationship of the parties.

This matters to car accident victims because it can mean the difference between pursuing a liability action against the at-fault driver individually, and pursuing action against the employer and its insurance company. The latter may ultimately result in a higher payout.