Wrongful Death Accidents in Florida: Who Is At Fault If I Lend My Car?

The tragically sad wrongful death of a young Devon Leigh Richbell occurred when the drivers of two cars attempted to pass a tractor trailer on a two-lane road in Florida. We extend our condolences to the Richbells for their loss. Our Miami personal injury lawyers did not represent the Richbell family; however, according to the court’s records, the cars started their attempted pass in a legal passing zone, but were unable to completely overtake the tractor trailer before entering a no-passing zone. While aborting the pass, the cars encountered another vehicle that had stopped and was attempting to make a left turn. The first driver, Ms. Richbell, managed to stop, but she was rear-ended by the second vehicle and forced into oncoming traffic and a head-on collision with an oncoming truck. It is undisputed that the second vehicle was not driven by its owner, but rather that the owner had “lent” it to the driver at the time of the accident and was asleep in the passenger seat. Jury Verdict on Florida Car Accident Case Ms. Richbell died as a result of the impact, and her parents sued the driver and owner of the car that rear-ended her and the driver and owner of the truck and trailer that ultimately collided with her. The legal theory against the truck driver in the second collision is that he negligently failed to avoid the accident, part because of his age and physical condition, which the plaintiffs alleged caused him to react more slowly. This allegation was based upon the opinion of an accident-reconstruction expert, without having reviewed the truck driver’s medical...

Injury Lawyer’s Review of Seabourn’s New Ship The Ovation

In the competitive luxury cruise ship market, one cruise line seems poised to take the lead in 2018–Carnival Corporation’s Seabourn Cruise Line. Seabourn is based in Washington State and operates out of Carnival’s Holland America offices, having relocated from Miami, where Carnival maintains its world headquarters. The Seabourn fleet currently consists of only four ships, all flagged and registered in the Bahamas for the convenience of Carnival. The Seabourn Odyssey has been in service since 2009, the Seabourn Sojourn since 2010, the Seabourn Quest since 2011, and the Seabourn Encore since 2016. However, it is their latest ship, the 600-passenger Seabourn Ovation, that has many in the cruise industry buzzing with excitement after it was just christened in Singapore for its maiden voyage, scheduled for May of 2018. The Ovation will be a sister ship to the Encore, but with an additional deck to accommodate more cabins, passengers, and both a sushi bar and piano bar. Rather than trying to compete with the over-the-top opulence of the current “Queen of Luxury Cruise Ships”–NCL’s Regent Seven Seas Explorer–it is purportedly designed with a more sedate yacht-like feel, giving passengers a more nautical and less glitzy or Vegas feel. THE PERFECT CRUISE FOR GOURMET DINING Foodies who like to cruise will be excited to learn that the Seabourn Encore’s cuisine has been designed by Thomas Keller, who many believe is one of America’s if not the world’s leading chefs. If you have ever dined at the Yountville’s French Laundry or Napa’s French Laundry, you know that meals at a Keller restaurant can cost $400.00 or more a person. Passengers on the...

Collecting Evidence After a Slip and Fall Accident in Florida

Every plaintiff in every personal injury case in Florida needs evidence of the accident and injury. Sometimes it is clear that the defendant was negligent and that negligence caused particular injuries. In those instances, an insurance adjuster may require only cursory evidence to offer to settle a personal injury claim, and that evidence could be readily available. However, that is not always the case. Some personal injury lawsuits are highly contentious and fiercely contested by the defendant; this can be particularly true in slip and fall accidents where it is more difficult for a plaintiff to prove the defendant’s liability. Direct and circumstantial evidence becomes essential, and could be the difference in determining the amount of recovery, or if there is any recovery at all. As evidence is critical, plaintiffs need to know what evidence is required and how to collect it after a slip and fall accident in Florida. Types of Evidence There are two broad categories of evidence, direct evidence of liability and circumstantial evidence. In a slip and fall claim, the plaintiff is likely to collect both types of evidence, but direct evidence builds a stronger case. Direct evidence supports a claim that the defendant was negligent and that negligence caused personal injuries without any additional inferences needed. Often Florida personal injury lawyers say direct evidence speaks for itself in proving an aspect of the personal injury claim. Examples of direct evidence include photographs where the slip and fall took place, witness statements about the accident, medical reports on the resulting injuries, and even the plaintiff’s statement of events. If the slip and fall occurred in...

Filing a Claim for a Florida Slip and Fall Injury on City Property

Every day a number of people are injured in the State of Florida from tripping, slipping, or falling on the cracks, potholes, and other obstructions on city sidewalks. This can even happen to careful people. Sometimes these incidents result in a stubbed toe or bruised knee, but in other instances, a person is seriously injured. This can lead to expenses for medical attention or property damages and losses due to inability to work, pain and suffering, and even emotional distress. Individuals, who suffer these more serious injuries due to a fall on city sidewalk, could be entitled to compensation through a personal injury lawsuit. However, just because you fell on a crack, ice, or hole in the sidewalk, does not mean the city was negligent and these claims can be complicated because the defending party in these situations is the local government. Need to Prove Liability One similarity between a slip and fall injury on city or public property and on privately owned property is the requirement to show liability. First, to have a valid personal injury claim arising from a Florida slip and fall injury, the plaintiff must prove the owner (or lessee) was somehow negligent, grossly negligent, or reckless in maintenance of the property. Identifying the correct owner of the property, whether the city, municipality, or county, is essential. Second, the plaintiff must show this negligence caused his or her injury. When a person falls due to an unsafe condition, such as a crack or hole in the sidewalk, it is necessary to prove that the city had reason to know that crack or hole existed. This...

Consulting with a Florida Worker’s Compensation Lawyer: Filing a 3rd party Florida Worker’s Compensation Claim

Employees who are injured while performing a work-related activity in Florida have an obvious way to seek compensation and recovery. Submitting a claim to an employer and its workers’ compensation insurance provider is a protected mechanism to recover medical costs and cover certain losses related to an injury. However, questions about this process and other legal remedies can arise when an employee is injured because of a third party’s negligence or actions. How do Third Party Injuries Occur? It might seem odd that an unrelated third party could cause a workplace injury, but consider how frequently outsiders are present in your place of employment. Contractors who perform daily janitorial services, plumbers responsible for fixing leaky pipes, security personnel in charge of limiting access, delivery personnel, clients, customers, and construction workers all visit the premises regularly. Any of those individuals could act in a negligent and unfortunate manner that causes a workplace injury. In particular, repairmen and construction workers make physical changes to the property; those can lead to a torn carpet, water on a bathroom floor, or sharp objects left in walkways. Employees in a hurry or simply distracted by work activities can easily miss those new aspects of their everyday environment. You can still File for Workers’ Compensation The workers’ compensation law in Florida states that injuries and illnesses occurring at the workplace may be eligible for workers’ compensation benefits. To be entitled to these benefits, a worker need not demonstrate responsibility. There is no requirement that an employee prove to an employer, insurance agency, or government official who was responsible for the accident or incident leading to injury. In...
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