South Florida Injury Lawyer Blog

Car Rental Companies and Liability in Florida

Published on: January 23, 2025 | Anthony Quackenbush, Esq.

A legal doctrine known as vicarious liability assigns responsibility for one person’s actions to another person in certain limited legal relationships, such as parent/child or employer/employee. For instance, if a minor child commits a crime, the parent may be liable; if an employee harms someone in the course of performing his work, the employer may be liable.

Another application of vicarious liability applies in the case of the ownership of a vehicle; when a vehicle is operated by someone other than the owner and it is involved in an accident, the owner of the vehicle can be held vicariously responsible for the accident. Naturally, this created a serious problem for car rental and leasing companies. If a customer caused an accident, the company could be sued, creating a serious financial burden on these companies.

This changed in 2005 when the U.S. Congress passed the Graves Amendment to alleviate what many perceived as an onerous burden on these companies. The Graves Amendment states, in part:

Understanding Vicarious Liability

Published on: January 15, 2025 | Anthony Quackenbush, Esq.

Vicarious liability, also called imputed negligence, is a legal doctrine that assigns responsibility for one person’s actions to another person if the two have a particular legal relationship that transfers power or authority from one person to the other. This can apply to the relationships of parent and child, husband and wife, owner of a vehicle and the driver, or employer and employee.

Types of vicarious liability

In a parent-child relationship, if a minor child holds an underage drinking party on the family property, even if the parents do not know, and someone is injured due to the party, the parents are responsible for the breaking of the law and for any harm that may come from it. The minor may also be held responsible for his or her own actions, but the legal burden is upon the parents.

Pictures and Your Medical Malpractice Claim

Published on: January 7, 2025 | Anthony Quackenbush, Esq.

The saying “A picture is worth a thousand words” is especially true in a personal injury case, particularly the heart-wrenching cases of medical malpractice or medical negligence. We go to doctors so they can heal us, and we trust that they know what they are doing. While most of the time all goes well, sometimes negligence or even malicious actions can leave you injured because of the medical treatments you received.

As a Florida personal injury attorney with extensive experience helping patients collect significant compensation for medical malpractice claims, I create the strongest case possible for my clients by collecting the most powerful evidence. This evidence includes documentation and expert testimony, but it also includes photos.

Proving medical malpractice or negligence

Injured While Riding a Bicycle in Florida

Published on: December 18, 2024 | Anthony Quackenbush, Esq.

Bicycle accidents can cause catastrophic injuries. Your body is completely exposed, and even a good bicycle helmet cannot protect you from the powerful impact of an oncoming vehicle. If you or someone you love has been injured due to an accident while riding a bicycle in Florida, please contact a Florida personal injury attorney who is experienced in bicycle accidents to help you receive the compensation you deserve.

Florida law

In Florida, a bicycle is considered a vehicle when riding on the road. Specifically, bicyclists are vulnerable road users, along with motorcyclists, skateboarders, pedestrians, and others not surrounded by the metal shell of a motor vehicle. There is currently no specific statute describing laws around vulnerable road users, but rules regarding bicyclists are sprinkled here and there in the statutes. For instance, Florida statute 316.083 states:

Photographic Evidence and Your Car Accident Claim

Published on: December 12, 2024 | Anthony Quackenbush, Esq.

Florida has one of the highest auto accident rates among all states. A major cause of accidents is distracted driving, frequently by one of the millions of visitors who come to our Sunshine State for vacation. Drivers who are unfamiliar with the area or who are looking for a particular attraction can cause an accident, even if the other drivers involved are observant and following all the rules of the road. Sometimes people just do unexpected things.

Of course, there are many other causes of accidents; it could be there was a malfunction in your car or the other person’s car. Roadwork or debris on the road from a storm can cause a hazardous situation. Or an accident can be caused by someone who is speeding, not following safe driving practices, or driving under the influence of drugs or alcohol.

A picture is worth a thousand words

Hiring a Wrongful Death Attorney

Published on: December 6, 2024 | Anthony Quackenbush, Esq.

If you are seeking an attorney to help you with a wrongful death lawsuit, allow me to first offer my deepest condolences for your loss. During this time of mourning, the pain of your loss is heightened by the conviction that it could have been avoided.

As an experienced Florida personal injury attorney with extensive experience helping clients recover compensation for injury and death, I can help you through this difficult time, respectfully and gently collecting from you the information I need while at the same time aggressively and persistently demanding justice from those whose negligence caused the death of your loved one.

When can you sue for a wrongful death?

Garbage Truck Accidents

Published on: November 26, 2024 | Anthony Quackenbush, Esq.

Garbage truck accidents are surprisingly common in Florida. Trash trucks stop frequently, are often out very early when it is still dark, and sometimes weave to each side of the road to collect trash. Accidents can be caused by driver error on the part of the truck driver or by error due to drivers around the truck.

Trash truck drivers can make the same kinds of mistakes as any other driver, but due to the size and weight of the garbage truck, they can cause much more damage than smaller vehicles. A truck is also not as responsive as a car, taking longer to accelerate and much longer to stop. Some of the most common trash truck accidents involve a truck not stopping in time and plowing into cars in front of it or driving through a stop light or stop sign.

Trucks have been known to tip over while making a turn or on tight off-ramps and on-ramps. When they are involved in accidents, they can spill trash on the road, causing a hazardous situation for other drivers. Trash truck drivers, like many truck drivers, drive for long hours and may be impaired by sleepiness. Sometimes alcohol and substance abuse can be the cause of truck driver error.

Injured on Spring Break

Published on: November 14, 2024 | Anthony Quackenbush, Esq.

Florida is a frequent destination for college students on spring break. And while for most kids it is an opportunity for much-needed relaxation and fun before finals begin, for an unfortunate few, spring break can bring serious injuries from accidents that take place while away from home.

If your child has been injured in Florida, the first step is to make sure he or she seeks immediate medical attention. The second is to make sure all critical documentation is collected to determine if the injury or accident was caused by someone else’s negligence, which could make your child eligible for compensation. As a Florida personal injury attorney, I know the types of accidents and injuries that can happen on spring break, I know what types of evidence you will need to collect, and I know how to present a solid case so that your child receives compensation for pain and injuries incurred due to someone else’s neglect.

Common injuries when on spring break

Proper Records Can Make or Break Your Florida Injury Case

Published on: November 6, 2024 | Anthony Quackenbush, Esq.

Florida law requires that someone filing a personal injury lawsuit be able to prove four things:

The person or business who caused your injury owed you a duty of care
The person or business was negligent in that duty

Navigating a Personal Injury Claim Caused by a Government Entity

Published on: October 25, 2024 | Anthony Quackenbush, Esq.

Can you sue a government entity in Florida? The concept of sovereign immunity goes back centuries and is a principle based on English common law that the government cannot be sued unless it consents. Over time, it became clear that the state should not have blanket immunity, but it took time to change the law in order to hold government agencies and their agents accountable for wrongful injury or death.

In 1946, the federal government passed the Federal Tort Claims Act (FTCA), allowing lawsuits against the federal government for injuries that occur on government property due to negligence of government employees when in the course of fulfilling their duties. It did not take long for states to follow suit, and Florida passed Statute 768.28, which provided the same opportunity for justice as the FTCA.

Causes for injury could include failure to maintain a safe environment, wrongful (negligent or reckless) actions, or failure to act appropriately. Wrongful death due to any of these causes is handled somewhat differently than a personal injury claim. If you have lost a loved one due to the negligence of a government entity, I am very sorry for your loss. I will do all in my power to hold the guilty persons or entities responsible for any injury, loss, or wrongful death that you or your loved one experienced.