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Employer Liability for Car Accidents Involving Working Drivers

If a car accident involves an employee on the job, determining liability can be complicated. Is the employer held liable for the damages? What if the employee was driving negligently?

In this article, we’ll answer these key questions about determining liability in a crash with a working driver. 

Is The Employer Liable in a Crash with a Working Driver?

Florida law deems a company, corporation, or other entity (i.e. an LLC) a “person” under law. Additionally, with what’s legally known as vicarious liability, an employer may be held liable for the damages of a victim if their employee can be proven at fault for the crash. This can even apply if the employee was driving their own vehicle, so long as they were “on the job” at the time of the accident (this typically doesn’t apply if the employee was traveling to or from work).  Continue reading “Employer Liability for Car Accidents Involving Working Drivers”

Florida Car Accidents with Out-of-State Drivers

As one of the country’s most popular tourist destinations, Florida attracts millions of visitors every year. While there are many positives of Florida’s thriving tourism department, out-of-state drivers can complicate the aftermath of a car accident. Thankfully, with an experienced car accident attorney by your side, you can resolve insurance complications after a crash with an out-of-state driver.

Read on for more information about what to do after being in an auto accident with a non-Florida driver.  Continue reading “Florida Car Accidents with Out-of-State Drivers”

Can You Sue if You Signed a Liability Waiver in Florida?

If you sign a liability waiver in Florida and sustain an injury, you may doubt your ability to pursue compensation for the related damages. Gyms, amusement parks, sporting events, daycares, and a variety of other businesses and facilities require liability waivers in Florida to limit their legal obligation in case of an accident.

However, a liability waiver may not eliminate your ability to file a claim against the business in every circumstance. This article will outline when you may and may not be able to sue after signing a liability waiver in Florida.  Continue reading “Can You Sue if You Signed a Liability Waiver in Florida?”

What You Need to Know About Dog Bite & Injury Laws in Florida

Dog bites are more common than you might think. An estimated 4.5 million people in the U.S. are bitten by dogs each year, and an estimated 19% of those bites require medical attention. 

Given the prevalence of dog bites, it’s important for Floridians to understand the state’s dog bite and injury laws. Read on for a complete overview. 

Florida’s Dog Bite Laws

Florida is considered a strict liability state for dog bites, meaning that dog owners can be held legally liable for dog bites even if the victim can’t prove that the bite was a result of the owner’s negligence. Additionally, dog owners in Florida can be held liable for the damages related to a bite even if their dog doesn’t have a history of biting or hasn’t exhibited aggressive behaviors before. Continue reading “What You Need to Know About Dog Bite & Injury Laws in Florida”

Car Accidents Caused By a Medical Emergency

Car accidents can have many possible causes, from distracted driving to road rage to inclement weather. In some cases, unfortunately, car accidents are caused by medical emergencies. These cases can raise several questions, namely who is at fault in the crash. 

In this article, we’ll discuss how car accidents caused by medical emergencies are legally handled in the state of Florida. 

Who’s at Fault For an Auto Accident Caused By a Medical Emergency?

Unexpected medical emergencies aren’t preventable, so drivers who experience a sudden medical emergency on the road may not be held liable for damages. Florida has a Sudden Emergency Doctrine, which is used to legally protect these drivers in court. Continue reading “Car Accidents Caused By a Medical Emergency”

Can an Uninsured Driver Sue After a Car Accident?

Florida’s law requires all motorists to obtain at least $10,000 in personal injury protection insurance and $10,000 in property damage liability insurance. However, given that 20.4% of Florida motorists are uninsured, it’s clear that not all drivers abide by this law. So, if you find yourself not at fault and uninsured after a car accident, is suing for damages an option?

Let’s explore this topic and outline your options as an uninsured driver in Florida. 

Defining Fault for Florida Motorists

First off, let’s define what it means to be at fault in a car accident in Florida. It’s important to understand that Florida is a no-fault state, meaning that drivers are required to carry personal injury protection coverage, which will cover the driver’s damages regardless of who is at fault.  Continue reading “Can an Uninsured Driver Sue After a Car Accident?”

Will Insurance Cover Bicycle Accident Injuries?

With Florida’s beautiful year-round weather, it’s home to many cyclists. Unfortunately, bicycle accidents do happen and can cause significant injuries. If you’re struck while riding a bike, will your insurance cover your medical expenses?

PIP Insurance and Bicycle Accidents

Under Florida law, all drivers must obtain at least $10,000 in personal injury protection (PIP) insurance. Also known as no-fault auto insurance, this type of plan covers up to 80% of your medical bills and lost earnings after a crash, no matter which party is considered negligent.  Continue reading “Will Insurance Cover Bicycle Accident Injuries?”

What You Need To Know About Florida’s New Negligence Law

Florida Governor Ron DeSantis signed House Bill 837, titled “Civil Remedies”, on March 24, 2023. This new law greatly impacts negligence cases going forward. In understanding the changes outlined in HB 837, the general public can respond more effectively when moving forward with a negligence case. Below is not an exhaustive list of changes outlined in HB 837, but does highlight several of the most notable provisions of the new law.    Continue reading “What You Need To Know About Florida’s New Negligence Law”

Understanding How Insurance Companies Determine Settlement Amounts

If you recently submitted a claim to an insurance company, you’ll soon encounter a claims adjuster. The adjuster determines the settlement amount after a thorough investigation of the accident and damages. 

Understanding how insurance adjusters determine settlement amounts can help you decide whether to counter, reject, or accept the offer. Here, we’ll discuss each of the factors that typically go into the decision, including the accident report, the claimant’s history, and the value of the damages.

The Accident Report

First off, the adjuster will likely gather information about the accident, including the policyholder’s firsthand account, any existing accident or police report, information from witnesses, etc. Continue reading “Understanding How Insurance Companies Determine Settlement Amounts”

Are Settlements Public Record?

If you’re considering filing a lawsuit in Florida, you may be wondering about the information that could become a public record. In particular, many Florida clients inquire about whether settlements are public records. The answer to this question comes down to a few different factors, including the type of case, Florida state law, and whether the plaintiff agrees to an out-of-court settlement. 

This article will cover the types of settlements that become public records in Florida. 

Settlements vs. Verdicts

First off, let’s clarify how settlements differ from legal verdicts. A settlement is a voluntary resolution that both parties agree to. Verdicts, on the other hand, are determined by a judge or jury during a court case.  Continue reading “Are Settlements Public Record?”