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Marriage After Accident Upheld In Wrongful Death Claim

Marriage After Accident Upheld In Wrongful Death Claim

Car Accidents

In the case of Dominos Pizza, LLC v. Wiederhold, 5D16-2794 (Fla. 5th DCA 2018), an injured person got married after becoming injured but before his death.  After his death, his surviving spouse sued the driver (and Dominos Pizza for vicarious liability) for causing the accident...

UM Rejection Form Cannot Be Made Orally In Florida

UM Rejection Form Cannot Be Made Orally In Florida

Car Accidents

In the case of Jervis v. Castaneda, Case Number 4D17-332, GEICO sought to enforce a UM rejection form that was “electronically signed” by the plaintiff. The Fourth DCA held that electronic process used did not comply with Florida’s UM statute and was void. In...

Suing For Accidents Caused By Pizza Delivery Drivers In Florida

Suing For Accidents Caused By Pizza Delivery Drivers In Florida

Car Accidents

If you need to sue for a car accident caused by a pizza delivery driver (i.e. Dominos, Pizza Hut, Papa John’s, Hungry Howies, etc.), then you will likely face multiple legal challenges for which there are no easy answers. Employee v. Independent Contractor-An Issue Of Fact For...

Insurance Companies Can Settle Even If You Don’t Consent

Insurance Companies Can Settle Even If You Don’t Consent

Car Accidents

The Tampa Bay Times reports that Ricky Melendez feels “betrayed” by GEICO, his own insurance company, after GEICO paid policy limits to the families of teenage boys who stole a Ford Explorer before crashing into him at over 100 mph.  Melendez is quoted as saying that...

2017 AAA Study On Infotainment System Distractions

2017 AAA Study On Infotainment System Distractions

Car Accidents

There is more technology than ever available to buyers of new cars in 2017. The AAA Foundation for Traffic Safety conducted a study on drivers using in-vehicle technology including voice commands and touch screens. The study found that drivers were visually and mentally distracted...

2017 DCA Rulings On Proposals For Settlement

2017 DCA Rulings On Proposals For Settlement

Car Accidents

The summer of 2017 was a hot time for appeals on proposals for settlement in Florida. In Dowd v. GEICO General Insurance Company (3D15-1725)(June 28, 2017), the Third DCA lets a plaintiff injured in a crosswalk accident off the hook for responsibility while the Fourth DCA in Sherman...

Issues of Liability in Pedestrian Accident on Harden Blvd.

Issues of Liability in Pedestrian Accident on Harden Blvd.

Car Accidents

Jeffrey T. Wells was struck by a pickup truck at approximately 5:45 a.m. on August 23, 2017 near the intersection of Forest Park Street and Harden Boulevard in Lakeland, Florida. Wells died from the trauma of the collision. Mr. Wells was hit as a pedestrian walking eastbound across...

GEICO Required To Pay Plaintiff’s Attorney Fees

GEICO Required To Pay Plaintiff’s Attorney Fees

Car Accidents

In GEICO v. Macedo (Case No.: SC16-935), the insurance company was ordered to pay the plaintiff’s attorney fees and costs after the insurance company chose to defend a car accident case through trial rather than settle. Facts Of The Case GEICO’s insured caused a car...

Poor Headlight Performance In Small and Mid-Size SUV’s

Poor Headlight Performance In Small and Mid-Size SUV’s

Car Accidents

A majority of headlights in small and mid-size SUV’s were rated as “poor.” The Insurance Institute for Highway Safety (IIHS) tested 21 small SUV’s and 37 mid-size SUV’s with deficiencies found in more than half of all models tested. Why Aren’t All...

CDC Reports Statistics on Teen Driving Deaths

CDC Reports Statistics on Teen Driving Deaths

Car Accidents

The CDC reports statistics that six teenagers are killed in car accidents across the country on average every day.  Many of these accidents are due to distracted driving. The Impact Of Teenage Driving Touches Everyone Most of us become better drivers through many years of...

Improper Merging Onto Interstate Highway

Improper Merging Onto Interstate Highway

News Events

An accident between an SUV and a semi-truck on I-4 at State Road 39 (Paul Buchman Highway) in Plant City, Florida on May 30, 2017 was caused by a failure to properly yield while merging onto a highway. This accident is a reminder that while many people merge onto the interstate...

Accident On Way To Graduation Ceremony At Mulberry High School

Accident On Way To Graduation Ceremony At Mulberry High School

News Events

Two teenagers from Polk County, Florida died in a car accident on the way to a graduation ceremony on May 25, 2017 at Mulberry High School.  Pepe Salgado and Frinzi Salgado-Diaz died from injuries in crash.  They were riding as passengers in a 2002 Toyota Corolla driven by...

Conflicting Vicarious Liability Laws Between States

Conflicting Vicarious Liability Laws Between States

Car Accidents

In the case of Ward v. Morlock (Fla. 5th DCA Case Number 5D16-1641), the Fifth DCA held that the dangerous instrumentality doctrine in Florida should apply to a car accident between Florida residents in South Carolina. Facts Of The Case Mr. Morlock (A Florida resident) was on...

Two People Seriously Injured In I-4 Accident Near Davenport

Two People Seriously Injured In I-4 Accident Near Davenport

Car Accidents

Ray Brewer sustained serious injuries when he was pinned in between two cars after the vehicle that he was riding in pulled over onto the shoulder of the highway. Two Separate Collisions This case involves two collisions.  First, Kyle Keating was driving a 2007 Ford E350 when he...

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