Car Accident

News & Analysis as of

Eleventh Circuit Refuses to Credit Expert’s Guess on Causation

The U.S. Court of Appeals for the Eleventh Circuit has issued an important decision on expert testimony, Hughes v. Kia Motors. Patricia Hughes filed a wrongful death action against Kia Motors after her daughter,...more

Eleventh Circuit: Florida Law Does Not Equate Mere Negligence with Bad Faith

Kincaid v. Allstate Prop. and Cas. Ins. Co., No. 2:13-cv-014030, 2014 WL 3733758 (11th Cir. Jul. 30, 2014) - The Eleventh Circuit holds that under Florida law, negligence does not equate to bad faith, and under the...more

Florida’s Fourth District Court of Appeal Holds Abating a Premature Bad Faith Claim does not Depart from the Essential...

In SafeCo Ins. Co. v. Beare, 2014 Fla. App. Lexis 14364 (Sept. 17, 2014), the Fourth District addressed a challenge to the trial court’s order abating rather than dismissing a premature bad faith claim. In 2011, Beare filed...more

Causation Experts Properly Excluded Where The “Leap From Data To Opinion Was Too Great”

In Hughes v. Kia Motors Corp., No. 13-10922, the Eleventh Circuit recently affirmed the district court’s exclusion of the plaintiff’s expert witness in a motor vehicle product liability case. Allene Hughes, the plaintiff’s...more

Texting while driving and related dangers

Because the problem of texting while driving is so significant, various agencies including the Federal Communications Commission have been working to create greater public awareness of the dangers related to this practice....more

Products Liability Cases Often Involve Complicated Issues, Such as When Competing Experts Disagree Over Cause of Car Accident

Because many automotive manufacturers or parts suppliers reside in or do business in Michigan, products liability cases arising from car accidents are frequently litigated in Michigan. These cases can be extremely...more

Police Pursuit Accidents and Liability

Residents and drivers in the greater Los Angeles area are no strangers to police chases. We seem to see one on the news on weekly basis! Have you ever wondered what happens in the cases when the driver trying to get away hits...more

ATVs on the Road - Insurance is a Must

The Court of Appeal, in Matheson v. Lewis, [2014 ONCA 542] recently held that an All Terrain Vehicle ("ATV") is an off-road vehicle that must be insured while on a roadway. The Plaintiff was injured in an accident as...more

Court Nixes Litigation Standards Set by Pathologists

What if a truck drivers' union tried to set standards for when juries could conclude that a driver was negligent in causing a motor vehicle wreck? Or what if a trucking company could defend its driver falling asleep at the...more

Vindicating Your Rights After Being Injured in an Auto Accident

Car accidents are an unfortunatel reality of modern times and urbanized life. After you are involved in a car accident, a number of concerns might be running through your head; including taking care of your health, repairing...more

When Your Friend Causes an Accident Driving Your Car

In California, if you let someone borrow your car, you are also essentially lending that person your car insurance, as car insurance generally follows the car and not the driver. Even if the friend who is borrowing your car...more

Accidents Outside Ontario - Where Do You Still Qualify for Accident Benefits?

The Financial Services Commission of Ontario ('FSCO") decision by Arbitrator Osundi in Jama and Aviva Canada Inc. (FSCO A13-004308) (“Jama”) is the most recent decision considering the territorial limits of the Statutory...more

Winning Isn’t Everything: Insurer’s Arbitration Success Does Not Prevent Claim for Bad Faith Failure to Settle

After he was rear-ended by a driver without insurance, the plaintiff in Maslo v. Ameriprise Auto & Home Insurance, No. B249271 (Cal. App. Ct. June 27, 2014) incurred $64,000 in medical expenses, but he filed a claim with his...more

Fatal accident leads to another claim against GM

Alabama residents may be interested to learn that GM is facing yet another wrongful death lawsuit that was recently filed in another state, following the 2012 death of a man driving a 2011 Chevrolet Express 2500 van. The suit...more

Ask the Public Adjustor: Covering Life with Wisdom*

In December 2010, after sharing a few drinks with his classmates, Josh began driving a dump truck that didn’t belong to him. The police of Stow, Ohio, asked Josh to pull over, but he led them on a 50-mile chase at speeds up...more

District of South Dakota: Denying a Claim for Reasons Known to be False is Not a Reasonable Basis to Deny a Claim

Lewison v. W. Nat’l Mut. Ins. Co., Civ. No. 13-4031-KES, 2014 WL 3573403 (D.S.D. July 21, 2014). The District of South Dakota grants in part and denies in part an insurer’s motion for summary judgment on two...more

Auto and Other Accidents — When is an injury permanent?

If you have had the misfortune of being involved in a crash or incident where you have aggravated a pre-existing physical condition, do not believe the insurance representative if they attempt to persuade you into thinking...more

What Constitutes "Use" of a Motor Vehicle?

Barry P. Goldberg sometimes has to analyze circumstances that may or may not be covered both to obtain insurance coverage for his clients and to effectively access insurance coverage from the adverse party. One area of...more

How Auto Defects Can Cause Passenger Injury [Video]

Discover your options and learn more: http://www.patrickmalonelaw.com 202-742-1500 - A product defect in a car isn't just bad for the car, it's also bad for the passengers. Hear DC lawyer Patrick Malone discuss this in more...more

QUIRKY QUESTION # 239, Employers Might Be Liable For Accidents During The Commute If They Require Employees To Use Their Vehicle...

Question: Our office manager occasionally runs errands during the day such as delivering something to a customer or picking up lunch for a meeting. We reimburse her at the IRS rate for mileage. Yesterday, on her way...more

Leaving a fatal accident in Alabama is wrong on many levels

When a fatal accident occurs, the motorists involved who survive are expected to remain on the scene. In fact, it is illegal for them to leave without first speaking to the appropriate Alabama authorities. Additionally, most...more

VC 23153(a)(b) Felony DUI w/Injury & VC 191.5 Vehicular Manslaughter w/Impairment Downey Court – People v. M.G.

Client arrested for felony DUI and vehicular manslaughter after being involved in a fatal collision with a pedestrian. After the investigation determined the victim was most likely attempting suicide by intentionally walking...more

Vehicular Homicide

Several states have laws referred to as an assault by auto or vehicular homicide as it is considered in Illinois. As the driver of a truck, there is a lot of responsibility; the greatest concern is safety and keeping fatigued...more

Auto Accidents Caused by Defective Products

Each year, thousands of vehicles in California and across the country are recalled for various reasons. You may remember the recent large-scale recalls by General Motors and Toyota. While many of these automobiles are...more

New Hampshire Court Dismisses Negligent Hiring and Retention Claims as Redundant of Motor Carrier’s Vicarious Liability

A New Hampshire trial court recently ruled that negligent hiring and retention claims asserted against a motor carrier on behalf of persons seriously injured in a multi-vehicle accident are redundant of the motor carrier’s...more

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