Does the Graves Amendment Supersede Car Financial Responsibility Laws?
When a rental car (e.g. from Avis, Hertz, Enterprise, etc..) is involved in a car accident, and the driver is without their own insurance and does not purchase the optional auto insurance from the car-rental agency, does the Graves Amendment supersede Florida's automobile financial responsibility laws? In short, unfortunately for the injured, the answer is yes: The Graves Amendment (49 U.S.C. Sec. 30106) takes away strict vicarious liability on car rental agency: IN GENERAL: An owner of...
April 1, 2015 by jasonneufeld
Medical Research Related to Personal Injury Cases
PET/MRI combo Better than PET/CT scan when Diagnosing Foot Injuries March 2015: Journal of Nuclear Medicine published a study comparing a PET/MRI scan to a PET/CT scan on diagnosing foot injuries, which may be caused by traumatically induced stress fractures from car accidents or slip and falls or pain caused by a cysts or tumors. The PET/MRI scan was found to provide a higher image quality compared to the PET/CT, providing the orthopedic specialist with a more effective diagnostic tool. In...
March 25, 2015 by jasonneufeld
NMB Car Accident Attorney: Impact of New Hit-and-Run Ruling
Under a recent Florida Supreme Court ruling, it may become difficult to hold a driver accountable for a hit-and-run accident. According to the ruling, drivers cannot be prosecuted for leaving an accident without proof that they knew they were actually involved in the car accident. The Supreme Court’s ruling sided with an appeals court decision involving a South Florida man, Zachariah Dorsett, who hit a skateboarder while driving in the rain. Dorsett was originally sentenced to two...
March 23, 2015 by jasonneufeld
Florida Motorcycle Accident Attorney: Car Drivers to Blame
Studies done by the NHTSA show that motorcyclists are 35 times more likely to get into an accident than car drivers. If you’re a rider, that’s an alarming statistic, and you should absolutely be doing everything in your power to decrease your chances of experiencing a crash and getting hurt. Professional safety organizations and regular people seem to agree, and if you take a quick look around, most of the advice (and blame) out there seems to be pointed at riders. Even the NHTSA’s...
March 9, 2015 by jasonneufeld
Personal Injury Related Medical Research
As some of you know, I try to keep up with medical research that is related to my personal-injury law practice. This research may pertain to new diagnostic techniques, the efficacy of injury treatment protocols, improving injury outcomes using alternative medicine, etc... Although sometimes I summarize medical abstracts I happen to find generally interesting. Sci-Fi Technology Becoming Reality for Amputees Published in February 2015 – University of Pittsburgh School of Medicine...
March 5, 2015 by jasonneufeld
Personal Injury News: Law Makes Cruise Lines Disclose Crime Stats
Though often a fun, relaxing, and stimulating experience for passengers and their families, going on a cruise has always come with certain risks. In the past, due to loopholes in maritime law, cruise lines have been allowed to keep crime reports private from the public. For passengers, that meant placing their lives in the hands of companies who weren’t being upfront with them about all of the dangers of taking a cruise for the duration of their vacation. But thanks to a recent ruling,...
February 24, 2015 by jasonneufeld
Will Tougher Distracted Driving Laws Curb the Epidemic?
With balmy breeze whipping through your hair as you cruise down the sunny palm tree-fringed highways of Florida, it’s easy to forget our state’s roadways have a big problem—distracted driving. The Florida Department of Transportation defines distracted driving as any type of mental or physical activity that takes the driver’s focus off the task of driving. Distract driving behaviors could include anything from using GPS systems to eating fast food while behind the wheel. But...
February 15, 2015 by jasonneufeld
Nationwide Superbowl Ad – A personal injury lawyer’s take
There are many subjects I could focus on that could relate personal-injury law and the Super Bowl. Cliff Avril and Julian Edelman’s possible concussions. Concussions (especially more than one) will likely result in long-term physical degeneration of the brain, diffuse axonal injuries, with behavioral changes. Second Impact Syndrome suggests that multiple blows to the head will only compound the problem. But, I am going to focus this article on what everyone else is talking about: the...
February 2, 2015 by jasonneufeld
Reconsider Posting that Selfie!
Personal Injury Lawyer – Social Media Ethics In my last blog post (Facebook, Instagram, and Social Media’s Impact on Personal Injury Claims), I talk about how unreasonable it is for a defense lawyer to be able to take one picture from a plaintiff’s social media page and, in good conscious, argue that this picture accurately depicts the other 23.9 hours of that person’s day. I also discuss a Florida 4th DCA personal injury opinion that allows the power of the subpoena to access...
February 2, 2015 by jasonneufeld
Status Update: I’m Fine!
Facebook, Google+, Twitter, Pinterest and Instagram. Never before have the minutia of our lives been so well documented. But with social media becoming increasingly pervasive (as you take a picture of your lunch now), it is starting to impact the outcomes of personal injury cases. Please understand that your privacy settings are a false sense of security. Investigators can access just about anything you post on the internet. Furthermore, it may be discoverable through subpoena. In the...
January 31, 2015 by jasonneufeld
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