You were in an accident with a tractor-trailer carrying a load of filled orange crates. While lying in the hospital, you realize that figuring out who should pay for your injuries will be a complicated process. Will the truck driver be responsible for your medical bills or will her employer be the one who is […]
A spoliation letter instructs a trucking company that there is a pending claim against it due to a truck crash. After receiving a letter, the company may not destroy or misplace evidence that might be pertinent to the case. If a trucking company receives a spoliation letter and fails to preserve the evidence, the party […]
Although some might assume pedestrians always have the right of way and the bicyclist is inevitably at fault when the two collide, that is not necessarily the case. Pedestrians do not have the right of way at all times in Florida, and they can cause accidents.
How Do Florida Courts Determine Who Is at Fault in […]
Florida is a no-fault insurance state. That means, regardless of who was at fault in your car accident, your own auto insurance pays your damages—but there are exceptions to this rule. Sometimes you can sue the person who caused your accident if you meet the Florida permanent injury threshold.
For help recovering additional compensation after a […]
There are two stages to taking legal action after a wrongful death. In the first, you try to resolve your claim with the at-fault party’s insurance company. If you are unable to reach an acceptable resolution out of court, then you enter the second stage: filing a wrongful death lawsuit. This action allows you to […]
If it feels as if you are spending a lot of time stuck in Miami traffic, your perceptions are accurate. A recent report from INRIX ranked Miami as having the fifth-worst traffic of all U.S. cities and the 10th-worst in the world. Miami drivers spent 64 hours on congested roads in 2017. According to the […]
Either the driver or the pedestrian may be at fault if a driver hits a walker outside of a crosswalk, depending on which party has negligence:
Having a legal duty (an obligation to do something, like to operate your vehicle safely or not to do something, like not driving your car on the sidewalk)
Breaching that duty (for […]
We must first define a crosswalk and then distinguish marked versus unmarked crosswalks. The Florida statutes [316.003(15) Fla. Stat. 2017] define a crosswalk as:
(a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sidesof the highway, measured from the curbs or, in the absence of curbs, […]
Every person’s situation is unique, so we cannot throw a number out there for how much compensation you will receive for your permanent injury, but we can explain the issues that will impact your financial recovery. These are the top five factors that will affect the value of your claim:
1. How Severe is Your Injury?
The […]
Because of our fabulous climate, gorgeous scenery, and bicycle friendly (flat) terrain, flocks of people hop on their bikes and ride all over the state of Florida. Our legislators enacted laws to protect bicyclists and motor vehicle drivers. Here is a discussion of some of the most critical Florida bicycle laws.
Do You Have to Wear […]
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