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Posts Tagged "fault"

Best Evidence Following Florida Car Crash Instantly Disappears

Posted by on Mar 9, 2015 in Motor vehicle accidents

If you are involved in a Florida car crash, you can rest easy because you know that the camera perched over the intersection where the other driver just ran a red light and smashed into you car, recorded everything, right? Unfortunately, not. The vast majority of Florida traffic cameras don’t record anything.  The images passing through the lenses of the machines disappear as soon as they are broadcast back to the traffic monitoring center.  Watch this video to learn more: If you have been involved in a Florida car accident, and have any questions, please call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901.  Consultations, and questions answered, are always...

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How Will Fault Be Divided In State Road 455 Truck Versus Car Crash? | Orlando Accident Attorney

Posted by on Oct 7, 2013 in Motor vehicle accidents

How Will Fault Be Divided In State Road 455 Truck Versus Car Crash? | Orlando Accident Attorney

Various Orlando media outlets have reported that the trailer of a semi truck carrying sand flipped over during a crash and crushed a Subaru being driven by a 36-year old Clermont woman. As an Orlando accident attorney, I thought that this accident might be a good one to use to discuss how comparative fault (also called comparative negligence) is handled in Florida car accident cases. According to the Orlando Sentinel, a young man driving a Honda Civic approached the intersection of State Road 455 and Buckhill Road from the south. At the same time, a tractor-trailer carrying sand was approaching the intersection from the east. Media reports indicate that, while in the process of veering left to try to avoid the Honda, the tractor-trailer actually impacted the Honda, causing the trailer of the semi truck to turn over right on top of a Suburu that was heading west on SR 455. The drivers of both the Subaru and the Honda were seriously injured and airlifted to Orlando Regional Medical Center. video platformvideo managementvideo solutionsvideo player It is easy to anticipate that the driver of the semi truck might try to blame the driver of the Honda for pulling past the stop bar, or for otherwise negligently entering the intersection. At the same time, both the driver of the Honda, and the driver of the Subaru will likely try to blame the truck driver for failing to keep his vehicle under control so as to avoid both collisions. In Florida, accident victims cannot collect damages that arise out of their own negligence. They can only collect the percentage of their damage attributable to someone else’s negligence. In this case, if the truck driver is found to be 50% at fault, the Honda driver suffered $100,000 in damages, the Honda driver would only be able to collect $50,000.  If the truck driver were found 25% responsible, then the Honda driver would only collect $25,000.   There are obviously other factors in play in any accident, but this is roughly how it works. It should be obvious that an extremely thorough investigation should be completed in cases where damages have been suffered but where liability might be disputed. If you have any questions involving a Florida car accident, and particularly one involving disputed liability, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at 407-254-4901, or order a FREE copy of Kim ‘s book, Asleep At The Wheel: 13 Mistakes The Insurance Company Desperately Hopes You’ll Make After Your Florida Car Accident by clicking...

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Making A Personal Injury Claim After A Florida Car Accident? You Will Be Judged

Posted by on Jun 12, 2013 in Uncategorized

Making A Personal Injury Claim After A Florida Car Accident?  You Will Be Judged

I just had a frustrating experience with one of our personal injury clients, and thought I might use the experience as an opportunity to explain an aspect of personal injury cases that many people never consider. Today’s frustration arose when my client failed to show up for her deposition.  There was no late night email, or early morning phone call, or any warning provided that she wasn’t going to be there.  When the time for the deposition to commence came and went, there was still no phone call, text, or any notice given by our client that she wasn’t going to be there.  After the insurance company’s lawyer, the court reporter, and I set there staring at each other for a while, I asked my office to call the client. Our client answered the phone comfortably after the first ring.  She wasn’t rushed, or hurrying to the deposition.  She wasn’t on her way at all. The only explanation given was, “I totally forgot about it [the deposition].”  This, despite the fact that we had provided her with a copy of the Notice of Deposition, emailed copies of documents to review to her, and had a comprehensive pre-deposition preparation session the week before the deposition.  Nevertheless – “I totally forgot.” I am a reasonable person.  I understand that people generally have a lot of things going on in their lives, and that they might forget to meet a friend for lunch, or to run by the dry cleaners on the way home from work.  But most people only have one personal injury lawsuit pending at any given time. Personal injury lawsuits necessarily involve one side asking the other side to give them money.  The side being asked to pay the money doesn’t really want to pay it, and in fact will go to great lengths NOT to pay it.  Our legal systemplaces the burden on the Plaintiff (the party requesting the money) to prove to the other side, or a jury, why any money should change hands at all, and if so, how much. Defendants (the parties being asked to pay money) take a huge number of variables into account when deciding whether to pay, or how much to pay.  In other words, they essentially sit in judgment of the Plaintiff — about fault, and medical bills, for example.  In addition, Defendants (usually via insurance companies and their lawyers) are also judging the Plaintiff on other factors perhaps less directly related to their accident. For example, in determining whether to pay, or how much to pay, Defendants ask these kinds of questions, “What kind of person is the Plaintiff?”  “Is the Plaintiff trustworthy?”  “Is the Plaintiff the kind of person a jury will like, or relate to?”  “What kind of appearance does the Plaintiff make?”  “Is the Plaintiff  taking this case seriously, and will that be conveyed to a jury?”  “Is...

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