News & Analysis as of

Car Accident Evidence

Kennedys

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

Kennedys on

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

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

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

J.S. Held

Accuracy of Rectifying Oblique Images to Planar and Non-Planar Surfaces

J.S. Held on

Emergency personnel and first responders have the opportunity to document crash scenes while evidence is still recent. The growth of the drone market and the efficiency of documentation with drones has led to an increasing...more

Ward and Smith, P.A.

How Can a Truck Accident Lawyer Help?

Ward and Smith, P.A. on

Our economy depends on commercial trucking. In 2021, there were 13.86 million trucks registered, and they traveled a total of 327.48 billion miles in that year alone. In 2022, large trucks transported 72.6% of the total...more

Marshall Dennehey

Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment

Marshall Dennehey on

O’Neal v. Allstate Insurance Co., 2023 WL 4704684 - In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue...more

Searcy Denney Scarola Barnhart & Shipley

Proving Liability After a Florida Pedestrian Accident

If you’ve been injured in a pedestrian accident, it may be fairly obvious to you that the driver who hit you is to blame. But, to recover the financial compensation you deserve, you must be able to prove liability....more

J.S. Held

Rapid Response in Accident Investigations: Key Considerations for Claims Handlers, Legal Counsel & Fleet or Construction Zone...

J.S. Held on

The Role of An Accident Reconstructionist & Why They Are Needed - Often, when a commercial motor vehicle driver reports an accident, the details of the collision are murky, and the severity of the accident is understated. The...more

Marshall Dennehey

When Confronted With Evidence That Defendant Could Have Avoided Accident, a Finding That Weather Caused Accident is Inappropriate....

Marshall Dennehey on

Angeles v. Ruiz, 2023 WL 3669914, No. A-3751-20 (N.J. Super. App. Div. May 26, 2023) - The plaintiff was involved in a motor vehicle accident with a snowplow driver for the City of Kearney. While approaching an intersection...more

Marshall Dennehey

Appellate Court Affirmed Trial Court’s Determination That Erroneous Admission of Evidence That Defendant Was Terminated as a...

Marshall Dennehey on

The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions. The defendant maintained he was driving the speed limit, while the...more

Searcy Denney Scarola Barnhart & Shipley

How to Prove Liability in a Car Accident Case in Florida

The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more

Morris James LLP

You have been hurt in a trucking accident. What’s next? Do you need a lawyer?

Morris James LLP on

Trucking accidents can be catastrophic events. These accidents involve heavy vehicles that are typically hauling even heavier cargo loads. Although any road accident has the potential to cause serious injury, when large...more

Rumberger | Kirk

Product Liability and Other Similar Incidents: Evidence That Passes the “Substantial Similarity” Standard and Methods of...

Rumberger | Kirk on

Introduction - The admissibility of evidence of “other similar incidents” (“OSI”) frequently arises in product liability cases. Both plaintiffs and defendants may seek to admit such evidence in order to demonstrate or...more

Reveal

How 3 Cases Involving Self-Driving Cars Highlight eDiscovery and the IoT

Reveal on

Litigation is nothing new for the auto industry. But recent lawsuits surrounding accidents involving self-driving vehicles show that Electronically Stored Information (ESI) is a key component in these cases, because modern...more

Searcy Denney Scarola Barnhart & Shipley

Multivehicle Accidents

If you have been involved in a multivehicle car accident, making sure you receive just compensation for your injuries will require a thorough investigation and the ability to navigate the unique insurance issues involved....more

Searcy Denney Scarola Barnhart & Shipley

Failure to Yield Accidents

On public roads, there are a variety of circumstances under which one driver will have the right of way. Some of these circumstances are obvious – such as when stop signs, yield signs and traffic signals provide direction at...more

Carlton Fields

Colorado Federal Court Rejects Attorney-Client Privilege for Communications Between Insurer’s Claims Adjuster and In-House Counsel

Carlton Fields on

In Olsen v. Owners Insurance Co., No. 1:18-cv-01665, 2019 WL 2502201 (D. Colo. June 17, 2019), the U.S. District Court for the District of Colorado found that neither the attorney-client privilege nor the work-product...more

Amundsen Davis LLC

A “Peachy” Photo May Be Worth A Thousand Words – Illinois Adopts A New Standard For Post-Accident Vehicular Photographs

Amundsen Davis LLC on

The Illinois Supreme Court “clarified” the standard for the admissibility of post-accident photographs of the vehicles involved in motor vehicle collision bodily injury cases by declining to adopt a bright line standard...more

Carlton Fields

When Evidentiary Error Matters: Eleventh Circuit Affirms Decision to Grant Retrial

Carlton Fields on

The U.S. Court of Appeals for the Eleventh Circuit recently closed the book on litigation in which GEICO had been involved since 2010, holding that the granting of a retrial—which resulted in a GEICO victory after an initial...more

Pullman & Comley, LLC

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

Pullman & Comley, LLC on

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

Carlton Fields

Eleventh Circuit Clarifies “Permanency” Requirement under Florida Bad Faith Statute

Carlton Fields on

In Cadle v. GEICO Ins. Co., Case No. 15-11283 (11th Cir. Sept. 30, 2016), the Eleventh Circuit held that GEICO had not acted in bad faith when it failed to settle a claim after the insured did not provide any evidence of...more

Butler Weihmuller Katz Craig LLP

Eleventh Circuit Affirms Judgment Notwithstanding the Verdict in UIM Bad Faith Case

On Friday, September 30, 2016, the Eleventh Circuit Court of Appeal affirmed a renewed motion for judgment as a matter of law that had been granted by the Middle District Court of Florida in a uninsured/underinsured motorist...more

Haight Brown & Bonesteel LLP

Value Paid by the Medical Lien Holder Alone Will Not Establish the Reasonable Value Medical Expenses

In Uspenskaya v. Meline (filed October 28, 2015), the California Court of Appeal for the Third District held that evidence of payments made by a medical lien holder offered to prove the reasonable value of medical services...more

Haight Brown & Bonesteel LLP

Court of Appeal Shines Light on Collusive Settlement Agreements

In Diamond v. Reshko, (filed 8/20/2015, No. A139251) the California Court of Appeal, First District, held that a defendant was entitled to introduce evidence at trial reflecting amounts paid by co-defendants in settlement of...more

Saul Ewing Arnstein & Lehr LLP

Third Circuit Court of Appeals Predicts That Pennsylvania Supreme Court Would Prevent an Insured from Recovering Punitive Damages...

Wolfe v. Allstate Prop. & Cas. Ins. Co., No. 12-4450, 2015 WL 3634779 (3d Cir. June 12, 2015). The Third Circuit Court of Appeals holds that evidence of punitive damages award against insured in underlying suit was not...more

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