December 2011 Archives

In a recent West Virginia accident, 4 people were killed when a man stole a truck from an automobile sales facility and caused a head on collision with another vehicle. The at fault drive was drunk at the time of the accident. Not only did the driver get significant jail time as a result of the drunk driving criminal charge, the civil jury awarded $2.69 million to the families of four people killed in the accident. Since West Virginia is a comparative negligence jurisdiction, the car dealer is responsible for 20 percent of the damages.Read more about drunk drivers and serious accidents here.

A woman was walking down Pennsylvania Avenue and was struck by a passing motorist. The pedestrian was killed in the process. The jury who heard the case awarded $3.3 million in damages. In addition to claiming negligence on the part of the driver, the Plaintiff also claimed the state was liable because it did not install a guard rail that would have prevented the accident. Although there are always governmental immunity issues involved in these types of cases, common law suggests that immunity would not apply under the circumstances of this case. Read more about pedestrian accidents here.

$2.8 million in total damages was recently awarded to a Florida family because their husband/father was killed in a motorcycle accident. Apparently a car failed to yield the right of way and struck the man while he was lawfully operating his motorcycle. Even though juries frequently have a bias against motorcycle drivers, they are required to use the law to render their decisions as instructed by a judge. Motorcycle drivers have the same rights and responsibilities as drivers of automobiles. Unfortunately, many drivers of automobiles tend to ignore the rights of motorcycle operators and create dangerous situations in spite of the lawful operation of the motorcycle. Read more about motorcycle accidents here.  

$5.7 million was awarded by a California jury as a result of being struck by a truck while they were putting on snow chains on the shoulder of the road recently. Apparently, the driver had been inadequately trained for driving in snowy conditions and was unable to maintain control of the vehicle he was driving. It is important that truck drivers be properly trained to drive in all types of conditions because of the significant danger involved in operation a large vehicle. If you or one of your loved ones has been involved in an accident involving a truck, please contact the law firm of Foran & Foran, P.A.

 Read more about truck accident here.

A toddler in Georgia died in a swimming pool accident in an unlicensed day care facility in 2009. The child fell into a swimming pool and drowned while nobody was supervising. Apparently, the caretakers in the facility lied to the parents indicating it was licensed by the State. The jury awarded $9.85 million in damages to the family. If your loved one is involved in a swimming pool accident call the law Firm of Foran & Foran, P.A. We have experience with all aspects of swimming pool operations.

A permissive user of a rental car is covered under the rental insurance policy although it might be secondary to the renter's policy. Transportation Article of the Annotated Code of Maryland Se. 18-102(b) indicates the security will cover the owner of the vehicle and each person driving or using the vehicle with the permission of the owner OR lessee. Thus, if the lessee gives permission there is coverage. See Enterprise Leasing Co. v. Allstate Insurance Co., 341 Md. 541 (1996). The required coverage is the same as required under Transportation Article Sec. 17-103(b)(4). Read more about permissive users of rental vehicles