Articles Tagged with west-palm-beach-accident-lawyer

Attorney fees in car accident and other personal injury lawsuits in Florida are based on a myriad of factors, including the degree of difficulty of the task, the amount of time needed, the amount of experience necessary and the skill of the attorney in that particular area of law. The Florida Bar Association reports overhead fees account for 30 to 50 percent of what a lawyer charges, and include things like equipment, maintenance and costs.courthouse

The good news for personal injury claimants is that:

  • Most injury lawsuits are accepted by lawyers on a contingency fee basis, which means plaintiff’s don’t pay attorney fees upfront – or at all if they lose;
  • In some cases, attorney fees may be paid by the defendant in addition to the damage award, so it won’t cut into the amount you receive. In some cases, this might be more or less than what you originally agreed to pay your lawyer. This possibility should be provided for in the initial fee arrangement.

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Distracted drivers are more than twice as likely to crash their vehicle. That’s according to a recent Virginia Tech study published in the journal Proceeding of the National Academy of Sciences.brake1

This was the first large-scale, crash-only analysis of naturalistic driving data to study this issue. Researchers culled information from 3,500 drivers and 1,600 crashes over a three-year time frame using multiple on-board videos, radars and sensors. What they discovered was that crash causation has shifted dramatically in recent years. Ninety percent of crashes during the study period involved some type of driver error, which included fatigue, impairment or simple error. But most of the time, the problem was distraction, usually with a handheld electronic device.

In light of the impact smart phones have on driving, smart cars have become all the more desirable. Another study, conducted by the Insurance Institute for Highway Safety (IIHS), revealed vehicles equipped with front crash prevention technology are far less likely – by 40 percent – to be involved in a rear-end collision. Continue reading

When you are injured in a vehicle accident that is not your fault, you may expect you will receive full recovery. But certain actions (or inaction) by an injured person can reduce the overall amount of collectable damages. OLYMPUS DIGITAL CAMERA

These situations are recognized as forms of “comparable negligence” or “failure to mitigate damages.” Some states have barred the seat belt defense entirely. Unfortunately, Florida is not one of those. Under Florida law,  failure to wear a seat belt is considered a form of comparable negligence.

While a defendant asserting the seat belt defense may be successful in reducing the overall damage award, the good news is that because Florida follows a standard of pure comparative fault, a finding that plaintiff was comparatively at fault – even up to 99 percent – will not bar the claim.

A 23-year-old independent contractor truck driver set out on the road from a Palm Beach County mill on the U.S. 27 one recent foggy, dark morning. Within just a mile, the trailer of the large vehicle broke away from the tractor, unbeknownst to the driver, who continued on for a time. Mack as Tipper

Meanwhile, that tractor in the middle of the highway, in a blanket of thick fog just before the morning rush, became deadly. Approaching motorists didn’t have enough time to react when the impediment became visible.

A total of three vehicles slammed into the trailer, including another tractor-trailer. People were pinned in their vehicles. Some were already dead. Firefighters had to use cut occupants out. The roadway was pocked with divots that required new asphalt be laid before the road could re-open. In total four people were killed and one person was seriously injured. Another suffered minor scrapes and bruises. Of those killed, three were teenagers between the ages of 14 and 17. The fourth was the 39-year-old driver of that vehicle.