November 9, 2007

Car Accident Involving Ford Explorer Leads to Huge Verdict-Then Reversal

Ford Explorers involved in rollover car accidents have generated a number of product liability lawsuits against Ford Motor Company. In Florida, a significant verdict against Ford was recently reversed as a result of improper evidence at trial.

According to the 3rd District Court of Appeal a trial judge committed error by allowing testimony alluding to hundreds of Ford Explorer accidents without requiring the plaintiffs to establish similarities between those accidents and the fatal one that caused the death of the teenage driver. During the trial, witnesses reportedly testified that rollover accidents involving Ford Explorers caused hundreds of injuries and deaths, and that Ford could have prevented this young man’s death by quickening design changes it made to the Explorer after the accident. The appellate court obviously found the admission of such evidence harmful and determined that it denied the giant car manufacturer a fair trial.

It is unfortunate for the family of the deceased driver that no effort was made to qualify any of the other Ford Explorer car accidents as being similar and therefore relevant to the jury’s consideration of the issues before it. We should all remember that in the late 1990’s, hundreds of deaths involving rolling Ford Explorers and failing Bridgestone tires made national headlines and led to a $19 million recall campaign by both companies in 2000 and 2001. In this case the Explorer in which the teenager was riding flipped four times. The accident ejected him from the sports utility vehicle even though he was wearing his seatbelt.

November 5, 2007

Car Accident Caused by Drunk Driver

Another central Florida family has been devastated by a car accident caused by a drunk driver. In a huge award, a jury awarded millions of dollars to a young boy who suffered severe brain injury and must live in an institution to obtain the needed level of care.

The 4 years old was innocently riding in his family's car when it hit by a pickup truck driven by a drunk driver. The car accident and impact caused pieces of the little boy’s skull to be pushed into his brain, damaging his frontal lobes according to treating doctors. As a result, the child requires round-the-clock care for the rest of his life as a result of this needless car accident.

Before trial the drunk driver had pleaded guilty to DUI involving serious bodily injury and was sentenced to five years in state prison to be followed by 10 years probation. Of course, when the drunk driver who caused this car accident completes his punishment, this child will still be suffering and unable to lead a normal life. His mother described the emotional outbursts and violent behavior that plagues her son. There will never be an end to this victim’s life sentence.

November 2, 2007

Car Accident Lawyer Seeks Billions

The credibility of the car accident lawyer and the car accident victim may be the most important aspect of any car accident trial. This appears to be the case in the recent trial against Allstate Insurance Company.

Under siege by trial lawyers who say it drags out insurance claims, Allstate won a major legal victory after a Kentucky jury unanimously found it was not responsible for a two-year delay in settling a woman's car accident claim.

A Kentucky woman and her lawyer claimed she was the victim of a systematic scheme by Allstate to bully car accident victims into accepting lowball offers for their pain and suffering. They demanded $1.425 BILLION from the jury because, they claimed it was the only way of ending a corporate culture of greed.

But confronted with such an approach, the jury thought it was Allstate that was the victim. According to juror comments, they thought the figure was outrageous. That alone seemed to leave little hope for the plaintiff’s claims. But evidence that the plaintiff was trying to hide injuries and medical problems that pre-dated the car accident also contributed to the outcome.

In closing argument, Allstate’s attorney was able to accuse the plaintiff’s case as being built upon lies, distortion and greed. Allstate argued that the plaintiff and her previous attorney, tried to conceal a previous injury and two pre-existing conditions: a form of arthritis and an abnormal curve in her spine. Allstate blamed the plaintiff for any delay by being untruthful with the company.

This case illustrates the importance of truthfully and fully dealing with the facts. Many clients have had prior injuries or medical conditions that healed well before an accident. Those unfortunate folks must again deal with injury and rehabilitation-oftentimes, the new injury has so aggravated a pre-existing condition that the result may be prolonged difficulties or worse. The point to remember is to simply be honest and never overreach.