A car accident involving two Fort Lauderdale police officers occurred along Southeast 2nd Street and 3rd on Sunday morning. In total, five people were transported from the scene due to the vehicle overturning. The cause of the accident is still under investigation. Both fire rescue crews and police crews responded to the Fort Lauderdale car accident. According to reports, the condition of the officers and the passengers are not known at this time. Car accidents in South Florida are not uncommon. A Wall Street Journal report looked at car accidents around the United States and found that South Florida has the deadliest interstates. For example, in 2015 there were at least 14 fatalities associated with car wrecks on I-95 in South Florida. You can feel frustrated and helpless after an accident, big or small. It can be more frustrating when you are in a car accident that you didn’t cause while simply driving on the road—commonly to and from work. Thankfully, Tucker law is able to jump into action to help you resolve your property damage and help you get compensation for your car accident case. If you have been involved in an accident in Broward County, Tucker Law is here to assist you. Call our office immediately to schedule your free case evaluation. Remember, Don’t Just Lawyer Up, Tucker Up®. An accident attorney with the firm will review the details of your car accident and advise you of the best court of action to obtain compensation. Reach out to Tucker Law today.
Two people were killed over the weekend when a man and woman’s vehicle sunk in a canal off of Interstate 75 in Broward County, Florida. As reported, the Florida Highway Patrol was investigating the crash to seek answers for the family. What is known is that the vehicle sustained separation of the tire tread on the left-rear wheel. Good samaritans attempted to save the couple’s life but the water was estimated to be around 40 feet deep where the car plunged into the water. Combined with Thanksgiving weekend traffic, the car accident caused hour long backups on Sunday. Officials urge caution when driving on dark roadways. Visibility is low in that area and can result in serious accidents due to road conditions and highway speeds. Studies have looked at the effects of drivers' age and low light on speed, lane keeping, and visual recognition of typical roadway stimuli. In fact, many drivers misjudge their ability to visualize the road at night. Many people in studies have shown a failure to compensate fully for diminished visual recognition abilities in low light. Notably however, older drivers behaved more cautiously than the younger groups. Additional nighttime tips may include: Lowering the Risks of Night Driving: As you get older, plan your trips better. Drive only on streets you are familiar with, avoiding those unlit roadways during nighttime conditions. Always Drive Defensively: Keep at least two car lengths between your vehicle and the car in front of you. Give more space in inclement weather. Keep Windows Clear: Keeping your windows clear and free of debris can improve your late night vision and responsiveness. Keep Your Tires in Good Repair: Check the tire tread before and after a long drive. [...]
Will your accident attorney be able to seek Florida uninsured motorist compensation following a work related car accident? In the recent case of Germany v. Darby, an employee Earl Germany was injured in a car accident while driving a work vehicle. The vehicle had uninsured motorist coverage for up to $500,000 for executives and their families, but only $30,000 for all others. That includes Mr. Germany and all other employees of the company. As a result, the Court was forced to determine whether it was legal to provide varying degrees of coverage dependent upon the insureds. The Court ultimately held that different dollar values of coverage is permissible. In Florida, the uninsured motorist coverage automatically matches the bodily injury coverage, unless the uninsured motorist coverage is expressly rejected or reduced. As the Court wrestled with the language found in § 627.727(1), the Court begins first by analyzing the actual language used in the statute because statutes do not need interpretation if the language is clear and unambiguous. The statute provides that a written rejection of the coverage on behalf of all insureds or selection of a lower limit conclusively presumes that there was an informed, knowing election of the lower limits. Notably, the court held that there does not need to be a specific limit. The Court then analyzed Varro v. Federated Mut. Ins. Co. In Varro, a special endorsement allowed for UM coverage for a any director, officer, partner, or owner of the named insured and his or her family member but specifically excluded coverage for any other person qualifying as an insured. The court in that case concluded that UM rejection based on only some insureds is not permissible. However, that court also [...]
PERSONAL INJURY JURY INSTRUCTIONS When considering how much to demand for a personal injury, your accident attorney will review the amount of damage that you have incurred, and will continue to incur in the future. Medical bills, lost wages, and future medical bills are examples of the types of damage that is recoverable. Insurance adjusters are not considering the types of instructions levied to the Jury, but attorneys should when contemplating the types of compensation that will or could be awarded. § 501.1 Personal Injury and Property Damages When it is proven during a trial that Defendant is liable for the accident, the Court instructs the Jury write on the verdict form, in dollars, the total amount of loss, injury, or damage which the greater weight of the evidence shows will fairly and adequately compensate him or her for the loss, injury, or damage, including any damages that he or she is reasonably certain to […]
New Uninsured Motorist Opinion from the Florida Supreme Court Turning to the Florida Supreme Court, our attention is brought to a case involving uninsured motorist policies and compulsory medical examinations (“EUOs”). The question before the Court was: The Supreme Court answered in the negative for the first part of the issue presented. For the second part of the question, the Court held that the insurer pleading the affirmative defense has the burden of pleading and proving prejudice. The facts go as follows. The Insured held a $100K underinsured motorist policy with State Farm Automobile Insurance Company to cover for personal injury and car accidents. Due to estimated damages at $3.5 million, it should come as no surprise that the insured requested the entire $100K. Because it reached the Supreme Court of Florida, it should be immediately clear that State Farm did not tender the policy limits. Instead, State Farm attempted to set a compulsory medical examination (CME) with a doctor that the insured also attempted to schedule an appointment with. For unclear reasons, the policy holder ultimately declined to attend the CME and simply filed a lawsuit. The trial court in the Fifth District reviewed a summary judgment request that argued that the insured breached the contract for failure to attend the CME. It was denied and the insured went on to win an award of $4,650,589 in damages. On an appeal, the Fifth District sitting en banc held that the insured was unreasonable after breaching his contract with State Farm, but that State Farm must plead and prove prejudice. Uninsured motorist provisions are not optional. Florida Statutes (2007) section 627.727(1) mandate an offer of said benefits unless expressly rejected. The purpose of the [...]