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Posts Tagged "significant"

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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Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

Posted by on Sep 25, 2013 in Motor vehicle accidents

Did FHP Pursuit of DUI Driver Lead To Orlando Crash With Serious Injuries?

There is absolutely no debate that people who drive under the influence of alcohol (DUI) make the roads dangerous for everyone.   This point was driven home for me when I saw this story about a horrific crash that happened on S. Orange Blossom Trail in Orlando early Wednesday morning. video platformvideo managementvideo solutionsvideo player As an Orlando car accident attorney, a crash like this one presents a host of legal issues that may have serious consequences to the victims of this crash. For example, under normal circumstances, the people injured by the idiotic actions of the accused drunk driver, James Maddux, would have bodily injury liability claims for damages against him.  However, because he presented a fake drivers’ license to he FHP at this DUI checkpoint, something tells me that he is not going to have insurance.  Hopefully, he was a permissive user, and the Toyota Prius he was driving was owned by somebody who had insurance. I also hope that his passenger, Zachary Poirrier, as well as the injured people in the other vehicle, including Terris Byrd, either had Uninsured/Underinsured Motorist (UM) coverage, or were resident relatives of people who had UM coverage.  Residency — for purposes of establishing UM coverage — can often present complex legal problems. Finally, I would be curious to know exactly what FHP’s pursuit policy is when it comes to DUI suspects.  According to the media, Mr. Maddux avoided a checkpoint some distance away from where this significant crash occurred.  It would be interesting to know how many additional lives were put at risk by FHP’s decision to engage in a high-speed pursuit of Mr. Maddux.  If FHP violates its own policy, it would seem that FHP could have exposure to damages. Accidents like this one can be complicated for the average accident victim.  If you have any questions following a Florida car accident, and especially one involving a drunk driver, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Bus Or Taxi Accident? Common Carriers Owe Highest Duty Of Care In Florida

Posted by on Jun 24, 2013 in Motor vehicle accidents

Bus Or Taxi Accident?  Common Carriers Owe Highest Duty Of Care In Florida

I was reading an article on the Insurance Journal website about a significant Kentucky bus accident, that I thought might be instructive to anyone in Florida who has been involved in a bus, taxi, or similar accident. In the Kentucky accident, 30 high school students and 4 adult passengers were seriously injured when the charter bus they were traveling in on Interstate 64 careened across three lanes of traffic and crashed into a concrete median. Investigators think the bus may have been poorly maintained, or had a mechanical issue. The bus driver has also been blamed. Some of the children on the bus were seriously injured. One young lady suffered a broken back, a concussion, and a shattered elbow. Other children are suffering from similar orthopaedic and closed head injuries. Because my practice is limited to handling significant Florida motor vehicle crash cases, I don’t know what the law is in Kentucky.  But in Florida, “common carriers” like bus companies, taxi cab companies, and similar operators owe passengers the highest degree of care for their safety. This special duty presumably applies to both the operation of vehicles, as well as their maintenance and repair. In other words, the reasonable man standard does not apply to common carriers. If you have been involved in an accident involving a common carrier, it is important for you to understand your legal rights. For more information, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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