News & Analysis as of

Car Accident Drunk Driving

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

In Interpreting Dram Shop Rule, Violation of Law by an Establishment Gave Rise Only to Negligence Action

Marshall Dennehey on

Faircloth v. Main Street Entertainment, Inc., 2024 WL 972238 (Fla. Mar. 7, 2024) - This case involved a motor vehicle accident involving an allegedly intoxicated and underage driver and a pedestrian. At the time, the...more

Butler Weihmuller Katz Craig LLP

Florida Supreme Court Answers Certified Question: Dram Shop Actions Are Negligence Actions

Faircloth arose from a November 2014 motor vehicle accident involving a 20-year-old driver who was served alcohol at Potbelly’s bar and an 18-year-old pedestrian who was served alcohol at Cantina 101. The guardianship for the...more

Marshall Dennehey

Who May Be Liable Under the Dram Shop Act?

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Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more

Searcy Denney Scarola Barnhart & Shipley

Understanding the Role of Negligence in Truck Accidents in Florida

Being hit by a semi-truck can leave a victim seriously injured and unsure as to what they should do next. Understanding how the law applies to your situation can quickly become complicated. This is, in part, due to the fact...more

Ward and Smith, P.A.

What to Do if Injured by a Driver Who Is Under the Influence

Ward and Smith, P.A. on

In an instant and without warning, a driver under the influence can cause a serious, and oftentimes fatal, car accident. This wreck may change your life, or a loved one's life, forever....more

Butler Weihmuller Katz Craig LLP

Florida First DCA Reverses $28.6 Million Judgment and Emphasizes that Alleged Violations of the Florida “Dram Shop” Act are...

The effects of alcohol-impaired driving as it concerns life and limb are well-documented. Indeed, more often than not, the policy limits for the responsible party’s insurance policy are inadequate to compensate the injured...more

Rumberger | Kirk

11th Circuit Reaffirms Insurers Can Still Prevail as a Matter of Law in Post-Harvey v. Geico Landscape

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On June 1, 2021, theEleventh Circuit Court of Appeals affirmed a summary judgment granted in favor of an insurer in a third party bad faith claim. The case, Eres v. Progressive American Insurance Company, Case No. 20-11006,...more

Morris James LLP

Car Accident FAQs

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1. When should you hire a lawyer for a car accident? Most car accident victims would benefit from hiring a lawyer. A good personal injury lawyer can explain your legal rights and also give you practical, strategic advice...more

Searcy Denney Scarola Barnhart & Shipley

About Accidents Involving Teen Drivers

Before handing the car keys over to your teenager, you should know the facts. Auto accidents are the leading cause of death for teens ages 15 to 20. When teen drivers ride with other passengers, their risk of being in a fatal...more

Searcy Denney Scarola Barnhart & Shipley

Side Impact Crashes

Side impact crashes can involve two vehicles making contact while traveling in the same direction, in opposite directions or with one vehicle impacting the side of another head-on. While the latter form, commonly known as a...more

Searcy Denney Scarola Barnhart & Shipley

Rear-End Vehicle Collisions

According to government statistics, more than 25 percent of all motor vehicle accidents involve rear-end collisions. While these dangerous accidents can result from a variety of factors, a study published by the Insurance...more

Baker Donelson

Georgia Federal Court Finds No Bad Faith in Dilemma-Laden Holt Demand

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In Kemper v. Equity Insurance (No .1:15-cv-02961-MLB, N.D.Ga. July 8, 2019), recently appointed federal judge Michael Brown rejected plaintiff Amy Kemper's attempt to assert a bad faith claim against Equity Insurance Company....more

Tonkon Torp LLP

Employer May Be Liable For Employee's Drunk Driving Accident Following After-Work Happy Hour

Tonkon Torp LLP on

On March 14, 2019, the Oregon Supreme Court considered whether the immunity granted to social hosts from suits for injuries sustained by patrons or guests after voluntarily consuming alcohol under ORS 471.565(1) also bars...more

Jackson Lewis P.C.

Oregon Supreme Court Holds Employer Not Completely Immune Under Social Host Statute

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Oregon’s highest court has held that although the state’s “social host” law protects certain persons from liability related to their actions taken as “hosts,” there is no similar insulation from liability for alleged tortious...more

Seyfarth Shaw LLP

More Trouble For Plan Administrators In Drunk Driving Cases

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The Fifth Circuit adds to the growing body of case law requiring more detailed reviews of claims for life insurance or accidental death and dismemberment benefits following accidents resulting from drunk driving....more

Foley & Lardner LLP

Drinking and Driving: How Driverless Cars Will Overturn South Dakota v. Dole to Push the Drinking Age Back to 18

Foley & Lardner LLP on

The drinking age in the United States has historically teetered between 18 and 21. Under pressure surrounding the Vietnam War, Congress rolled back the minimum drinking age from 21 to 18 to reflect the draft age. Proponents...more

Gray Reed

Fight Night at Your Company Holiday Party

Gray Reed on

Jim Duncey, the owner of Duncey’s Caps, Inc., decides to hold an employee/significant other holiday party this year with live music and an open cash bar managed by a third-party bartending service. Each employee will get...more

Haight Brown & Bonesteel LLP

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time...

In Barickman v. Mercury Casualty Co. (No. B260833, filed 7/25/16, ord. pub. 8/15/16) a California appeals court affirmed a $3 million bad faith award against Mercury Casualty Co. based upon its failure to accept a policy...more

Cozen O'Connor

When a Policy Limits Offer is Not Enough: A Cautionary Tale of a Failure to Settle Case

Cozen O'Connor on

In a recent unpublished decision, the California Court of Appeals upheld a $3 million judgment against an auto liability insurer that rejected proposed language in a settlement agreement, notwithstanding the insurer’s policy...more

Sands Anderson PC

Virginia Supreme Court Decides Punitive Damages Case

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In the recent case of Cain v. Lee, the Virginia Supreme Court determined that the Circuit Court for the County of Stafford erred when it granted a jury instruction that provided that “punitive damages are generally not...more

Brooks Pierce

The Fourth Circuit On "Accidents" And Drunken Driving

Brooks Pierce on

The issue in Johnson v. American United Life Insurance Co., decided last week by the Fourth Circuit. was whether the Plaintiff's husband's death from a car wreck while driving intoxicated was an "accident" under his life...more

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