News & Analysis as of

Car Accident

Kennedys

California Court of Appeal clarifies Howell and proceeds to publish Audish v. Macias

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California’s Fourth Appellate District published its opinion in Audish v. Macias, clarifying the collateral source rule in personal injury cases. The Court built on the foundation provided by Howell v. Hamilton Meats &...more

Searcy Denney Scarola Barnhart & Shipley

Filing a Wrongful Death Claim After a Fatal Auto Accident in Florida

When someone you love dies in an auto crash, it is a terrible tragedy. When the accident was caused by the actions of a negligent driver, Florida law allows family members to recover compensation for their loss by filing a...more

Tyson & Mendes LLP

Red Hot Water: Former Chili Pepper Guitarist Sued in Wrongful Death Action

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Josh Klinghoffer, a former Red Hot Chili Peppers guitarist and current touring member of Pearl Jam, has been sued for negligence and wrongful death. The lawsuit alleges Klinghoffer fatally struck a man while he was walking in...more

Rodemer Kane Attorneys at Law

Work-Related Car Accidents: Who Is Responsible?

When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more

Searcy Denney Scarola Barnhart & Shipley

The Impact of Weather Conditions on Car Accidents in Florida: Tips for Safe Driving

Weather changes happen rapidly in Florida. The state’s tropical climate can cause severe hazards for drivers. It’s imperative to pay attention to the weather and understand how various weather-related hazards can increase the...more

Maison Law

California Distracted Driving Laws that Can Impact Your Car Accident Claim

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Potential and actual distractions abound when you occupy the driver's seat. You adjust the volume on the radio, heat, and air conditioning. Large screens in the front display maps, directions, radio stations, the song being...more

Searcy Denney Scarola Barnhart & Shipley

Rising Trends in Distracted Driving Accidents Across Florida: How to Stay Focused on the Road

Distracted driving affects everyone: drivers, passengers, pedestrians, and cyclists. The results can be catastrophic, resulting in personal injuries, physical disabilities and even death. According to the National Highway...more

Searcy Denney Scarola Barnhart & Shipley

Navigating the Legal Process After a Car Accident in Florida: Your Rights and Options

Being in a car accident can be a traumatic experience, particularly if there are serious personal injuries and/or significant damage to your car. Understanding the legal process in Florida is imperative to knowing your rights...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Speeding in Florida Car Accidents: Risks, Consequences, and Prevention

According to the National Highway Traffic Safety Administration, one out of every four fatal car accidents in the United States is related to speeding. Data clearly shows that driving in excess of speed limits considerably...more

Searcy Denney Scarola Barnhart & Shipley

The Top Causes of Car Accidents in Florida and How To Avoid Them

Car accidents in Florida are more common than in other states. Our warm weather and reputation as a tourist destination result in high levels of traffic from residents and out-of-state visitors. Statistics for 2023 show that...more

Goldberg Segalla

Client Wins Dismissal after Legal Malpractice Claims Proven Insufficient

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Stellar defense work by Goldberg Segalla partner Christopher F. Lyon secured in New York County Supreme Court the dismissal of a claim brought against our client in a legal malpractice action. The case was filed by a...more

Cozen O'Connor

OSHA Opines When Motor Vehicle Injuries Are Work-Related

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In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that...more

JUSTICENTER

CHP Reports: What You Need To Know

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If you’ve been injured in a car accident you didn’t cause, you’re probably eager to file an insurance claim against the other driver. But as you likely know, an insurance company isn’t just going to take your word for it —...more

Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

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Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

Marshall Dennehey

Lack of Notification of Service of Process by Individual Served at Residence of Defendant is Not Excusable Neglect

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Neumoyer v. J.B. Hunt Transportation Services, Inc., 2024 WL 261164 - This case arises from a motor vehicle accident in which the defendant Hill was operating his motor vehicle with the plaintiff as a passenger when their...more

Marshall Dennehey

Personal Observations of a Police Officer Deemed Lay Testimony

Marshall Dennehey on

State v. Rodner, 2024 WL 832307 - The defendant-appellant appealed his conviction for failure to yield the right of way after a trial de novo in the Law Division, arguing that the responding officer provided impermissible...more

Marshall Dennehey

Existence of Duty in Negligence Matter Hinges on the Relationship Between the Parties.

Marshall Dennehey on

Meros v. Sunbelt Rentals, Inc. --- N.E.3d ----, 2023 WL 8271002, 2023-Ohio-4313 - Candice Matthews, as fiduciary of the Estate of Tanisha M. Matthews and Asiah T. Matthews, appealed the trial court’s decision granting summary...more

Rodemer Kane Attorneys at Law

6 Colorado Cities with the Highest Drunk Driving Fatality Rates

According to data from the NHTSA Fatality and Injury Reporting System Tool, Colorado is home to six of the 75 cities with the highest rates of fatal drunk driving accidents in the United States. The city of Pueblo,...more

Marshall Dennehey

Residual Functional Capacity to Perform Sedentary Work Leads to Denial of Social Security Benefits

Marshall Dennehey on

Ferraro v. O’Malley, 2024 WL 920056 - The plaintiff was involved in a motor vehicle accident that caused her to be out of work for six months. While the plaintiff did continue working after her alleged disability onset date,...more

Marshall Dennehey

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

Marshall Dennehey on

Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

Maison Law

Social Media as Evidence in a Car Accident Claim

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Over the years, social media has developed and contributed a significant role in both the settlement and trial of personal injury cases. Social Media Posts Can be of Pivotal Importance - Courts across the country have toiled...more

Akerman LLP

Abracadabra – How a Stalking Bill Magically Turned into Revisions to a Georgia Settlement Statute

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In Georgia’s recent Legislative Session, Senate Bill 83 started off addressing the eligibility for restraining orders related to stalking, but there must have been some magic pixie dust floating around the House Committee...more

Maison Law

Personal Injury Claims for Undocumented Immigrants in California

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California remains the state with the largest population of documented and undocumented immigrants. The rights of undocumented immigrants are continually at issue in the state....more

Searcy Denney Scarola Barnhart & Shipley

What to Do After a Motorcycle Accident in Florida: A Brief Guide

Riding a motorcycle is a thrilling experience, but it comes with inherent risks. In Florida, like in any other state, motorcycle accidents can happen at any given time and in any given place. That said, knowing what to do in...more

Robins Kaplan LLP

Landmark $7.75 Million Verdict in Aerosol Duster Misuse Case Secured

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In April 2024, Robins Kaplan attorneys secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dusters. The verdict stemmed from a tragic 2019 incident when Cynthia McDougall was...more

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