Last month, Florida’s Fourth District Court of Appeals issued a decision in the case of Disla v. Blanco, demonstrating how the application of the state’s comparative negligence doctrine can have a dramatic impact on a plaintiff’s recovery for injuries suffered in a car accident. In Disla, the plaintiff, Mayuris Disla,…
According to a recently released study entitled “Driving under the (Cellular) Influence” conducted by Carnegie Mellon University and the London School of Economics and Political Science, the use of a cell phone while operating a vehicle does not correlate with a higher risk of causing a car accident. The study…
Early Saturday, August 3 2013, morning a car heading northbound on interstate 95 crashed over the side of the elevated highway according to NBC Miami. When fire rescue arrived at the scene they had to pull one woman from the wreckage that landed in nearby trees. The other woman tragically…
As this blog has previously discussed on several occasions, Florida is one of twelve states that has adopted a “no fault” insurance scheme. Florida’s system requires motorists involved in auto accidents to submit claims for compensation to their own insurance company, regardless of which party is at fault for the…
According to a recently released study conducted by the AAA Foundation for Traffic Safety, contrary to what many individuals might believe, motorists are incapable of safely performing both the various tasks necessary to safely operate a vehicle while engaging in another activity such as talking on the phone or texting.…
Earlier this year, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) adopted new regulations revising the hours-of-service (“HOS”) safety requirements for commercial truck drivers, which become effective July 1, 2013. HOS regulations limit the number of hours a truck driver may operative his or her vehicle during…
This past March, Florida’s Second District Court of Appeals tackled an important issue in the case of Smith v. Llamas, addressing the inquiry as to whether a Florida car accident victim’s injuries are temporary or permanent and if this question should be answered by a jury. The Court ultimately held…
Earlier this year, Florida’s Second District Court of Appeals addressed the question as to liability of a co-owner of a vehicle for injuries caused by the negligent driving of the car’s other owner. In Ortiz v. Regalado, Andy Ortiz (“Andy”) was driving a car which he co-owned with his father…
Texting while driving is a rampant problem across the US, which often times leads to catastrophic car accidents. The state of Florida is one of the only remaining states who had not yet passed a law banning texting while driving, until now. The senate has approved and passed Bill 52…
Typically, when a person is injured in a car accident, the insurance company of the at-fault party will step in and attempt to settle the dispute on behalf of its insured. Sometimes, however, the insurance company is unable or unwilling to settle the claim, forcing the injured party to sue.…