News & Analysis as of

Car Accident Liability

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

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

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

Marshall Dennehey

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

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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

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

Searcy Denney Scarola Barnhart & Shipley

Obtaining Traffic Camera Footage in Florida: A Step-by-Step Guide

If you have a claim for a car accident in Florida, video footage of the accident could be the clearest evidence of your right to just compensation. Traffic accidents are increasingly being caught on video—with state and local...more

Rodemer Kane Attorneys at Law

How Long is Traffic Camera Footage Stored? Discover the Shocking Truth

You've probably noticed an increase in traffic cameras popping up in cities all over the U.S. But what exactly are they for? Do traffic cameras record 24/7? How long is traffic camera footage kept, and who is in charge of the...more

Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Morris, Manning & Martin, LLP

Georgia Legislature Overhauls Holt Demand Statute in Effort to Curb Failure to Settle Litigation

On April 22, 2024, Governor Kemp signed into law Senate Bill 83, overhauling Georgia’s statute governing pre-suit time-limited demands (TLD) in auto wreck cases, O.C.G.A. § 9-11-67.1. The amendment aims to reduce or eliminate...more

Marshall Dennehey

Where to Draw the Line: Superseding Causes and Duty

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Baker v. Bunker Hill Haven Home, 12th Dist. Butler No. CA2023-08-095, 2024-Ohio-875 - Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and...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

Presley & Presley

No Settlement Opportunity, No Problem

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The vast majority of extra-contractual/bad faith cases involve a carrier’s failure to secure a release of an insured by accepting a reasonable settlement opportunity within the policy limits. The absence of a reasonable...more

Ward and Smith, P.A.

Significant Legislative Changes for North Carolinians Injured in Car Accidents

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Each state has its own specific set of car insurance laws laying out certain requirements for its residents. In 2023, North Carolina passed notable legislative changes to the State’s car insurance laws, increasing the minimum...more

Marshall Dennehey

Superior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those Utilizing Roadway.

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Kistler v. Dietrich, 303 A.3d 168 (Pa. Super. 2023) - The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on...more

Marshall Dennehey

Defendant Driver Succeeds on Summary Judgment Where there Was No Evidence of Negligence When Driver Collided with a Turning...

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Glass-Hill v. Gordon, 2023 Wl 5202615, No. N21C-11204 (SPL) (Del. Super. Ct. Aug. 14, 2023) - This action involved a motor vehicle collision where the facts were not in dispute. It was agreed the plaintiff approached an...more

Marshall Dennehey

Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver...

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Biamonte v. Biamonte, 219 A.D.3d 683, 194 N.Y.S.3d 553 (2d Dept Aug. 16, 2023) - The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent ran out of gas and was...more

Presley & Presley

Unique Supplemental Payments Provision Leads to Supplemental Payday

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Supplemental Payments provisions are present in almost every liability policy. These provisions generally detail the insurer’s responsibility for interest and costs awarded in suits that it has undertaken to defend....more

Marshall Dennehey

Ohio Supreme Court Applies Contract Language to Determine if Permissive User Qualifies as an Insured Under a Personal Auto Policy.

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Acuity, A Mut. Ins. Co. v. Progressive Specialty Ins. Co., 2023-Ohio-3780 This lawsuit involved a dispute as to which insurance policy should provide liability coverage for an auto accident. The driver, Ashton Smith, was...more

Rodemer Kane Attorneys at Law

Navigating Left-Turn Traffic Laws in Colorado

Left-hand turns are one of the most significant traffic hazards, which can lead to severe car accidents in the Colorado Springs region. Left-turn car accidents occur when a driver fails to yield the right of way and makes a...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

Marshall Dennehey

Motorist’s Duty Does Not Include Duty to Slow Down in Anticipation of Danger Not Yet Apparent If Driver Is Otherwise Exercising...

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Glass-Hill v. Gordon, 2023 WL 5202615 (Del. Super. Aug. 14, 2023) - The plaintiff, Glass-Hill, was making a left turn at the intersection of 495 South and Philadelphia Pike when Gordon, a southbound driver on Philadelphia...more

Searcy Denney Scarola Barnhart & Shipley

Who To Sue If a Pedestrian is Hit By a Commercial Vehicle

Getting hit by a commercial vehicle can be a life-altering experience. Not only can the financial costs be overwhelming, but your pain and suffering and the other non-financial effects of the accident can impact all aspects...more

DRI

Back to the Future: Defending Claims Involving Electric Bicycles, Scooters, Hoverboards and More

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“Hey little girl, I need to borrow your…hoverboard???” When Marty McFly borrowed a hoverboard in future 2015 to flee from his arch-nemesis, Biff Tannen, in Back to the Future 2, for audiences in 1989 theaters, this was...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

Goldberg Segalla

New Jersey Supreme Court Issues New Opinion Clarifying “Authorized Vehicle Rule”

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Key Takeaways - A November 21 decision by the New Jersey Supreme Court clarifying the authorized vehicle rule of the state’s Workers’ Compensation Act has implications for employers throughout New Jersey. The case involved...more

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