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injury attorney altamonte springs Tag

Florida’s Comparative Fault Law

court in session for personal injury law case

Florida's Comparative Fault Law Florida is currently a comparative fault state.  However, it has not always been that way.  In 1886, the Florida Supreme Court in Louisville and Nashville Railroad Co. v. Yniestra would hold that Florida was a contributory fault state.  Florida state courts would uniformly follow the Yniestra opinion for the next 87 years.  In 1973, the Florida Supreme Court, in  Hoffman v. Jones, would recede from Yniestra and establish comparative fault as the rule for Florida in negligence cases.  In 1986, the Florida legislature would codify Florida’s comparative fault through Florida Statute § 768.81.   Difference Between Comparative Fault and...

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Rear End Accidents in Florida

Rear end auto accident

Rear End Accidents in Florida Car accidents in Florida are anything but uncommon. In 2018 alone, Florida saw 403,626 car accidents. One of the most common types of car accidents are rear end accidents. Rear end accidents happen for a variety of reasons – inattentiveness, speeding, texting, driving while intoxicated, or any other variety of other reasons.   Most people think they know the law about Florida rear end accidents, but do they?  This post discusses rear end accidents in Florida, as well as the law surrounding them. Burden of Proof Ordinarily, an injured party bears the burden of proof of all four elements of...

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Pedestrian Accidents in Florida

Pedestrian Accident Lawyer located in Altamonte Springs, Florida

Pedestrian Accidents Result In Serious Injury or Death In a 2015 study, the U.S. Department of Transportation estimated there were almost 70,000 pedestrians injured in motor vehicle crashes in the US and almost 5400 killed from pedestrian accidents. The study revealed an increase in pedestrian fatalities as an overall percentage of pedestrian-involved crashes. This means that, as a percentage, more pedestrians are being killed by motor vehicle crashes today than they have been historically. Florida is known as one of the more dangerous states for pedestrians. A recent analysis revealed the Central Florida metro area from Kissimmee-Orlando-Sanford was near the top of...

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Choose Your Car Accident or Wrongful Death Lawyer Wisely – Keep Your Recovery

How to choose a personal injury lawyer

How to Choose your Car Accident or Wrongful Death Lawyer Keep Your Recovery Finding the right car accident attorney or wrongful death lawyer can be stressful.  The most common concern I hear is, “Will an attorney add enough value to the case to make it worth it?”  If this is a concern of yours, please be sure to read my blog about the cost of hiring an injury lawyer. However, one concern many people overlook is whether the lawyer is maximizing the amount of money their client’s will receive – not just the amount that goes to the lawyers pockets.  This is...

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What Are Commercial Trucking Accidents?

What are commercial trucking accidents?

WHAT ARE COMMERCIAL TRUCKING ACCIDENTS? This question may seem straight forward. That is, until you realize that there are a lot of regulations which apply to commercial trucks.  The regulations cover 2 different categories of trucks. Trucks over 10,001 pounds and trucks over 26,001 lbs. For this article, we are exploring only those trucks over 26,001 lbs.  Make no mistake though, an experienced trucking accident lawyer is a valuable asset if you or a loved one have been seriously injured or killed in a trucking accident. WHY TRUCKING ACCIDENTS ARE DIFFERENT FROM CAR ACCIDENTS Far too often, injury attorneys treat trucking accidents like...

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Understanding Florida’s Wrongful Death Act

Understanding Florida's Wrongful Death Act and Law

Understanding Florida's Wrongful Death Act Understanding Florida's Wrongful Death Act can seem daunting. In this article, we break down the statute to help you understand it better. Recovering under Florida’s Wrongful Death Statute Losing a loved one is always difficult. When that loss is the result of negligent acts of others, additional concerns must be taken into account.  Florida's Wrongful Death Act governs how such claims are made. It also governs what can be recovered. In addition, families often have to contend with a much shorter period of time to bring a wrongful death claim – or risk the wrongful death claim being...

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Florida’s Driving and Texting Ban

Florida's driving and texting law

FLORIDA'S DRIVING AND TEXTING BAN On May 17, 2019 Florida Governor Ron DeSantis signed a bill prohibiting drivers from texting while their car is in motion.  If this sounds familiar, its because it comes on the heels of a prior anti-texting law which made texting and driving only a secondary offense.  As a result of the new bill, texting while driving is a primary offense and you can be pulled over for texting a driving. The new bill goes into effect on July 1, 2019.  However, until January 1, 2020 only warnings will be issued.  On or after January 1, 2020, you...

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Florida Named Most Dangerous State for Pedestrians

Florida Named Most Dangerous State for Pedestrians

Florida Named Most Dangerous State for Pedestrians According to a 2019 report from Smart Growth America and the National Complete Streets Coalition, Florida carries the distinction as the most dangerous state for pedestrians.  The report, Dangerous by Design, found that of the 20 deadliest cities in the United States, 9 were in Florida. From 2008 to 2017, drivers killed over 49,000 pedestrians walking in large and small communities across the country.  During that same period, Florida accounted for over 5,400 of those deaths, second behind only California. The Central Florida area, comprising of the Orlando-Kissimmee-Sanford areas, was ranked the most dangerous metro area...

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Florida Accidents and Traffic Deaths Decline in 2018

Florida accident and traffic death statistics

Florida 2018 Accident Statistics New statistics show that Florida saw a decline in total traffic accidents and traffic deaths in 2018.  In fact, in 2018, Florida saw a decrease of 6,000 traffic accidents and almost 150 traffic accident-related fatalities.  This is good news.  It also reverses a dangerous trend from 2014 – 2017 which saw year-over-year increases of traffic accidents. Not all news was good news.  There was an increase of Pedestrian deaths and Bicycle deaths in 2018.    2018 also continued the trend of increased commercial vehicle traffic accidents.  Since 2014, the number of commercial vehicle accidents has increased every year from 34,478 to 44,435...

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Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies Post-injury statements to insurance companies can be stressful.  This article will help you understand how these statements are conducted and the common mistakes made by injury victims. What Is A Post-Injury Statement Whether you have been injured in a car accident, slip and fall, animal injury, or otherwise, get ready for the phone calls.  Various people who you have never met are going to call.  They are calling you on behalf of the insurance companies.  What do they want?  They want information.  They want to know how the injury happened, who witnessed it, whether you were hurt and...

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