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September 2011 Archives

Car Accident Jury Selection

This case stems from an automobile accident. . Based on that incident, the injured party sued other driver, claiming henegligently operated his truck and improperly changed lanes causing his vehicle to strike the car driven by the injured party. After a four-day trial, the jury returned a verdict in favor of the Defendant, finding no negligence on his part.
The injured party subsequently filed a motion for new trial based on juror
nondisclosure. That motion alleged, in part, that a juror failed to disclose:
(1) prior felony convictions, and (2) that he had been involved in several
automobile accidents in the past. The motion further alleged that one of the
accidents occurred fewer than two years before the trial and the juror was found
to be at fault for improperly changing lanes.

All the Facts are Important

Jones v. Basha, Inc., Florida 2nd DCA - Just yesterday, the Second District Court of Appeals held that a property owner defendant was not liable for an injury that took place on its property because there was no evidence to suggest that defendant exercised any control over the premises or public access. Its important to remember that the circumstances surrounding an accident or injury are important to determine whether or not you can recover compensation. Everyday we evaluate cases for the facts that will support, or refute, a defendant's liability. As in the Jones case, it is important to investigate every aspect of the situation to determine how an injury occurred and who may be responsible.

Attorneys Fees Are Available In PIP Claims

Personal Injury Protection (PIP) insurance covers you (up to the limits of your policy) regardless of whether or not you caused the crash. In St. Augustine, the Florida Motor Vehicle No-Fault Law requires all owner/registrants of a motor vehicle with four wheels or more to carry a minimum of $10,000 of PIP and $10,000 of property damage liability (PDL). This insurance covers a portion of your medical bills and lost wages, regardless of fault.

Wrongful Death Case Reversed By Appellate Court

You can be sued if you are a title owner of a car and the driver is negligent and causes an injury. In other words, if you sell your car or gift an auto to another and your name remains on the title you may have legal responsibility to any injured party from an accident. It doesn't mean you will ultimately lose the lawsuit, but who wants to get sued? Answer: nobody. Whether the title owner is responsible depends if they are a "beneficial" owner. There is a recent case from the 5th District Court of Appeal involving a death resulting from the negligent operation of a vehicle that was gifted to a woman(happened to be the Defendant's ex-wife), but which was titled in names of both defendant and ex-wife. The case explains the legal concept of beneficial ownership. In this case the Court concluded that the Defendant was not the beneficial owner because he never had access or authority over the vehicle, never had a key, never insured it, and never had vehicle registered in the two years between the vehicle purchase and the accident. The 5th District Court of Appeal is the appellate court for St. Augustine and St. Johns County and is located in Daytona Beach.

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