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Joe Osboren personal injury lawyer Archives | Osborne & Francis

How Does Comparative Negligence Affect My Slip and Fall Case?

How Does Comparative Negligence Affect My Slip and Fall Case?

By | Accident, Slip and Fall Accident | No Comments

If you have suffered injuries as a result of a slip and fall accident in Florida, you may wonder if you have a personal injury case from which you can recover damages. Slip and fall cases, which are considered premises liability cases, involve negligence on the part of the property owner (or manager) where you fell. They assert that the owner or manager didn’t take the reasonable precautions to make the area safe for those passing through.

For example, there may have been a danger on the property, like a wet floor, and the owner or manager of the property didn’t clean it up or place a “wet floor” sign to warn about the danger. The failure to do one of those things may result in you falling and being injured.

The property owner’s failure to take reasonable precautions is considered negligence, and you may have a valid slip and fall claim. However, it’s possible that the property owner will argue that you had fault in the accident. If it is determined that you did have some fault in the accident, it’s referred to as comparative negligence.

Understanding Comparative Negligence in Slip and Fall Accidents

It is the responsibility of the defendant to establish comparative negligence. That means that the property owner must prove that you did not demonstrate reasonable care or that you behaved in a dangerous manner, and that your behavior was at least partially responsible for the injuries that you suffered.

How does this affect your slip and fall accident case? If the defendant is able to prove that comparative negligence exists, then your settlement or recovery in a trial may be much less than if the defendant was found completely responsible for your injuries.

How Do Defendants Establish Comparative Negligence in Slip and Fall Cases?

Typically, the property owner will attempt to prove that you were acting in an irresponsible manner or doing something that you shouldn’t have been doing to establish that you are partly responsible for the accident and your injuries.

Some of the common arguments that defendants in slip and fall accident cases will use to establish comparative negligence are:

You were not paying sufficient attention when your accident happened

You were somewhere on the property that you shouldn’t have been

You did not pay attention to warnings about the dangerous condition

You didn’t have appropriate footwear, or your footwear caused the accident

The dangerous condition was clearly visible

If Comparative Negligence is Proven, What Does It Mean for You?

If your slip and fall accident case goes to trial, the court has to determine who is responsible for the accident and how much responsibility they have. If it’s found that you and the defendant share responsibility, then your compensation will be adjusted based on the percentage of fault you are determined to have.

Get Help from a Slip and Fall Accident Lawyer

Defendants and their attorneys will commonly try to prove that the injured person was at fault in slip and fall cases. That is why it is important that you seek the help of a slip and fall accident attorney if you or a loved one is injured on someone else’s property.

Florida slip and fall lawyer, Joe Osborne, can help you with your case, and fight for you if comparative negligence is alleged against you. Contact him at (561) 293-2600, for an evaluation of your slip and fall case and help with how to proceed.

Reasons the Other Driver's Insurer Won't Pay

Reasons the Other Driver’s Insurer Won’t Pay

By | Auto Accident, bicycle accidents, Car Accidents, Driver's Insurer | No Comments

You are driving at a legal speed, obeying traffic laws and signals, when another vehicle crashes into yours. The accident is clearly the other driver’s fault, so you would assume that his insurance company would pay for your medical and car repair expenses. However, that isn’t always the case. Car accident cases can be much more complicated than you would think, and there are times that insurance companies refuse to pay. That is why it is always in your best interest to consult an accident attorney immediately following any car wreck like the law office https://realtoughlawyers.com/

Instances When an Insurer May Refuse to Pay

Even though the fault of your car accident may seem obvious, there are still some circumstances in which the other driver’s insurer may refuse to pay for your expenses. The following are five such instances:

 The Other Driver Had a Sudden Medical Event

It isn’t as uncommon as you may think for at-fault drivers to use the defense that they had a sudden, incapacitating medical event that caused them to lose control of their vehicle resulting in an accident. It is true that a driver may not be held liable if he or she had a sudden emergency – like a stroke or heart attack – provided that there wasn’t enough of a warning to safely exit traffic. However, the driver could be found negligent, and therefore liable, if it’s determined that he or she should not have been driving with the medical condition, or that he or she neglected to take care of the medical condition prior to driving.

 The Other Driver Hits Your Car After Being Involved in a Hit-and-Run

Consider this scenario: there is a truck that is hauling furniture that loses a couch off the back of the vehicle. This causes the car next to you to swerve and crash into your car. The furniture truck is oblivious (or not) and keeps going with no one obtaining the license plate number.

Your damages for this type of accident may require that you utilize your own uninsured motorist coverage. However, there may also be times that you have a legitimate claim against the driver of the other car. It’s hard to know without the assistance of an experienced car accident attorney.

A First Responder Hits Your Car on the Way to An Emergency Call

When a fire truck, ambulance, police car, or other first responder is racing to an emergency and hits your vehicle, it can be tough to prove negligence. In fact, it is usually a case where gross negligence has to be proven on the driver’s part, not just negligence – especially if the emergency vehicle had lights and sirens going. Anytime you file a claim against a government entity, there are a lot of hoops to jump through, and the standard for proving liability in these types of cases is much higher than that of a regular car accident.

Another Driver Hits a Deer, Loses Control and Hits Your Car

There are some instances where a car accident it truly that – an accident where no one is at fault. This may be the case when an animal suddenly jumps out in front of a car causing it to crash into another vehicle. However, there are also times when such an event occurs and there is some fault on the part of the other driver. For example, if the other driver hit the deer because he was speeding and unable to brake fast enough causing a crash with your car, then he may be held liable for your damages.

You Are Hit by a Thief Driving a Stolen Vehicle

While this may seem like a fairly unlikely possibility, it does happen. Because insurance policies cover the car owner and other licensed drivers who have permission to drive the vehicle, and there is no consent when a car thief takes the car, the car owner’s insurance company will refuse to pay your damages. However, there are cases where the car owner could be held partially at fault. For example, if he left the keys in the car with the engine running, he could be found partially to blame.

Seek Help from An Experienced Attorney

The above types of accidents are complicated, and they require representation from an experienced car accident attorney to resolve favorably. If you or a loved one has been involved in any car accident, contact Boca Raton personal injury lawyer Joe Osborne at (561) 296-2600 or complete the online contact form to discuss your case and determine how to proceed.

 

Car Accident Lawyer Joe Osborne

Drivers Must Take Adverse Weather Conditions into Account Says Boca Car Accident Lawyer Joe Osborne

By | Car Accidents, Personal Injury | No Comments

The end of summer and beginning of fall are prime time for hurricanes in Florida. With wind and rain, flooding, and hazardous road conditions, it’s sometimes best to stay off of the roadways completely. Of course, that isn’t always possible. But, when drivers must be on the road when adverse weather conditions exist, it’s important to take those conditions into account says Boca car accident lawyer Joe Osborne.

Florida roadways can be very dangerous during and following adverse weather conditions. When drivers operate their vehicles at highway speed limits while it is still windy and wet, it is easy to lose control of their cars, hydroplane, and crash into other vehicles. In fact, most adverse weather accidents happen when drivers are in a hurry and they don’t drive in a manner that is reasonable based on the road conditions, and they fail to use good common sense.

When someone is injured in a car accident that occurs during bad weather and another driver’s negligence contributed to the wreck, they may be entitled to receive damages per Florida law.

What Are Common Causes of Adverse Weather Accidents?

When bad weather is paired with negligent or reckless driving, it creates the perfect environment for serious accidents. Some of the common causes of adverse weather accidents in Florida are:

 Distracted driving

  Driving at speeds too high for the weather conditions

  Hydroplaning

  Operating a vehicle with low, defective, or balding tires

  Speeding in low lying areas where water has puddled

  Negligent or inattentive driving

When you are driving in bad weather, it is imperative that you pay attention and drive cautiously, obeying all traffic signs. However, sometimes no matter how carefully you drive, accidents will still happen in adverse weather conditions.

When Others Drive Negligently in Adverse Weather Conditions

Unfortunately, you may find yourself in a position where someone else’s negligence during bad weather causes you to be involved in an accident on the roadway. If that happens, and you are injured, in order to recover damages for your injuries and property damage, you will have to prove that the other driver was negligent. More specifically, you will have to prove that the other driver breached his or her duty to act reasonably under the circumstances and that his or her breach of that duty resulted in your injuries and damages.

Further, to prove damages in an adverse weather car accident, you have to show causation – that the accident caused your injuries or exacerbated a preexisting condition that you had. If you are able to prove that, you may be able to recover damages for the following:

     All accident-related medical expenses

    Compensation for lost wages for missing work due to injuries

    Pain and suffering

    Mental anguish and emotional distress

    Loss of earning capacity if there is a permanent disability

    Compensation for permanent damages and injuries

    Compensation for loss of enjoyment of life

   Compensation for loss of consortium

  Wrongful death (when the accident resulted in a death)

An Experienced Car Accident Attorney Can Help

If you or a loved one has been injured in an adverse weather car accident, you may be able to recover monetary compensation for your injuries and property damages. Vehicle accident cases often require both legal and medical expertise in order to have positive outcomes. It’s important that you contact an experienced attorney to help you with your case.

Call Boca car accident lawyer Joe Osborne at (561) 293-2600 or complete the online contact form to discuss your case and how best to proceed.

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Head On Crash on I95 Kills Florida Man Says Boca Car Accident Lawyer Joe Osborne

By | Car Accidents, Motor Vehicle Accident Injuries | No Comments

Wrong way collisions often happen when it’s dark, on the weekends and involve drivers impaired by drugs or alcohol says Boca car accident lawyer Joe Osborne.

A head on collision with a truck on a highway would be a nightmare come true. Unfortunately it was the reality for a Fernandina Beach man who was driving on I-95 in southern Georgia last month. A vehicle going the wrong way on a highway could have a number of causes, but negligence would almost certainly be a factor says Boca car accident lawyer Joe Osborne.

Head on collisions, especially when they involve a passenger vehicle and a much larger commercial truck, have a high rate of serious injuries and fatalities. This accident took the life of the driver of an SUV, which was struck by a Federal Express semi-truck hauling tandem trailers that crossed a divider barrier and went into the opposite lanes, reports the Florida Times-Union. The driver and a passenger in the truck were not injured.

The Florida Department of Transportation (FDOT) issued a report of a study of wrong way crashes occurring on interstate freeways and expressways throughout the state from 2009 to 2013. During that time 280 crashes occurred causing more than 400 injuries and 75 deaths. Study results include,

  • The majority of wrong way travel starts from entering the freeway/expressway from an exit ramp.
  • Weekends and early morning hours were more common times for wrong way crashes.
  • Alcohol and/or drugs were involved in 45% of wrong way crashes. That’s more than 16 times the proportion for freeway/expressway crashes in general for Florida.
  • The majority of wrong way crashes (71%) happened when in dark conditions, while overall only 29% of accidents happened when it was dark.
  • Drivers younger than 30 years old accounted for 42% of the wrong way crashes, which is 8% less than the number of all crashes attributable to that age group.
  • Drivers 75 years old and older accounted for 4.6% of all the wrong way crashes in the study. This is more than three times the proportion from statewide trends on overall freeway/expressway crashes (1.4%). FDOT concluded these older drivers are more at higher risk of being in, if not causing, a wrong way-related crash.
  • About 75% of wrong way crashes happened in urban areas and 25% in rural areas.
  • The areas where wrong way crashes were most common were District 2 (49, Northeastern Florida), Turnpike System (49), District 6 (37, South Florida) and District 5 (35, Central Florida).

If you’re driving down the highway or street and see another vehicle headed towards you, you literally might not believe your eyes, especially if you’re driving at night or when visibility is poor. But these accidents happen and we represent those who suffer injuries, and the families of people killed, due to negligent drivers traveling the wrong way.

If you or a loved one suffered an injury caused in a vehicle accident involving a head on collision, contact Boca car accident lawyer Joe Osborne at (561) 800-4011 or fill out this online contact form. You can discuss your case, how the law may apply and your best legal options to protect your rights and obtain compensation for your injuries.