Handling Accident

According to the Center for Disease Control , Florida drivers report a higher rate of drunk driving than the national average, which is further exacerbated during summer holidays. Unfortunately, nearly 30 percent of all Florida motor vehicle-related fatalities are caused by drunk drivers , i.e., those driving with a blood alcohol level above 0.08. There are a plethora of Florida laws in place to both punish and help prevent drunk driving and DUI related injuries, but they seldom prevent holiday accidents . Florida DUI Laws Like many states, in Florida, it is illegal to operate a motor vehicle with a blood alcohol level above 0.08. It can be difficult, however, to gauge a person’s blood alcohol level after hours of extended Fourth of July celebrations with friends and family. For some, it takes their bodies longer to process and expel alcohol, and for others, they may simply lose track of how much alcohol they have consumed over the course of a long day. Many drunk drivers do not driv...

Did you know that, in Florida, a “ motor vehicle ” is defined as an automobile, motorcycle, truck, semi-truck, tractor-trailer or any vehicle used to transport persons or property in the state that is propelled by power? Although the majority of Florida car accidents involved two automobiles, Florida personal injury and motor vehicle laws cover more than simply car v. car accidents. Truck accidents, motorcycle accidents, and pedestrian knockdown accidents are also common occurrences in Florida, especially during tourist seasons. Florida Truck Accidents Because trucks, semi-trucks, and tractor-trailers are among the largest vehicles permitted on Florida roads, truck v. car or truck v. motorcycle accidents are among the most fatal in Florida. This is because trucks weigh 20-30 times more than traditional motor vehicles and have greater ground clearance. This means that smaller cars cannot only get caught under trucks but they will take the brunt impact of the force of the crash. Fur...

An interesting case recently came out of our new Nevada Court of Appeals concerning pain and suffering. Behr v. Diamond , No. 66612 (Nev. App., 2015). Although an unpublished opinion, lessons can be learned from the trial and post-trial analysis. In the Behr case, the jury found in favor of the injured party. However, court struck down the jury’s award for future pain and suffering . In the accident, the injured party hit her head. She lost consciousness and later had a seizure. She suffered a concussion and doctors later diagnosed her with post-concussion syndrome. Later medical tests also revealed that her brain tissue was jolted and that she had a shoulder tear. The injured party later underwent two brain surgeries to alleviate her brain injuries. She also had surgery to repair the tear in her shoulder.  However, the at fault party claimed the injured party’s surgeries were not caused by accident. After hearing the evidence, the court found the brain surgeries were not related...

Did you know that almost 97% of all civil cases litigated in the United States never go to trial? Whether the cases settle or are dismissed by the judge, it is rare that an attorney will stand before both a judge and jury to try your case. Accordingly, what is the role of a judge in a Florida personal injury case if most matters are settled between the parties? Overview of the Florida Judicial System Like most states, Florida courts are divided into the following levels , listed from highest to lowest: One Supreme Court;  Five District Courts of Appeals;  Twenty Circuit Courts;  Sixty-seven County Courts, and  Drug and Juvenile Courts, which are special judicial divisions.  The County and Circuit courts are known as “trial courts,” meaning that they are where litigation is initially filed and litigated to conclusion. The District Court of Appeals and Supreme Court are appellate courts, where the losing party can file an appeal from the decision of the trial ...