Monday, February 13, 2017

Is scarring or disfigurement sufficient evidence when claiming permanent injury after a car accident?

According to Florida statutory law, someone who was injured in a car accident by the negligence of another must prove that the scarring and disfigurement were both permanent and significant in order to receive damages, other than medical expenses and lost wages.

See: § 627.737(2)(b), Fla. Stat.

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Friday, February 10, 2017

Can a defendant be held liable for punitive damages?

Yes, according to Florida law, a defendant may be held liable for punitive damages if he or she was guilty of intentional misconduct.

See: § 768.72(2)(a), Fla. Stat.

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Wednesday, February 8, 2017

Am I guilty of negligence if I hit a person with my car who lost control of their bicycle and veered into the street?

No, according to Florida case law, if someone loses control of his bicycle unexpectedly and veers into the street, a driver of a vehicle that strikes the bicyclist can only be held liable if that driver was operating his vehicle carelessly and could have otherwise prevented the accident and injuries.

See: Craig v. School Bd. of Broward County, 679 So. 2d 1219 (Fla. Dist. Ct. App. 4th Dist. 1996).

Related (From Alan's injury blog):
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

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Monday, February 6, 2017

Can I be found at fault if I get into an accident while entering a highway from an alley?

Yes, according to Florida law, if you are entering from an alley onto a highway, you must yield to all vehicles already on the highway.

See: § 316.125(1), Fla. Stat.

Related (From Alan's injury blog):
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

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Friday, February 3, 2017

Can a car accident victim recover damages for emotional distress if no physical injuries occurred as a result of the accident?

No, according to Florida law, the impact rule prevents a car accident victim from being able to recover damages for emotional distress and/or mental anguish occurred, with no physical injuries involved.

See: Welker v. Southern Baptist Hosp. of Florida, Inc., 864 So. 2d 1178 (Fla. Dist. Ct. App. 1st Dist. 2004),

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Wednesday, February 1, 2017

Is it unlawful to drive while wearing a headset?

Yes, according to Florida law, it is unlawful to drive while wearing a headset.

See: § 316.304(1), Fla. Stat.

Related (From Alan's injury blog):
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

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Monday, January 30, 2017

Can I be held liable if I coast downhill and get in an accident?

Yes, according to Florida law, no person may coast when travelling downhill.

See: § 316.2024, Fla. Stat.

Related (From Alan's injury blog):
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Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.

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