South Florida Injury Lawyer Blog

Car Insurance Claim Denial: Can You Appeal the Decision?

Published on: February 24, 2025 | Anthony Quackenbush, Esq.

When you’re dealing with car insurance claims, remember: the insurance company is not in business to give you money. It is in business to make money and keep as much of it as it can. When settling a claim, insurance companies typically try to reimburse as little as they can legally get away with. If you think the reimbursement that you have been offered by an insurance company is too low, it probably is. If you believe an insurance company has wrongfully issued a denial of your claim, it probably has.

This is not to say that insurance companies and insurance adjusters are dishonest. However, as the plaintiff, you need to be cautious. Denials are common. Don’t sign anything or agree to anything with an insurer without talking to a lawyer first. As the saying goes, “anything you say can and will be used against you.” Talk to our team at The Quackenbush Law Firm before you interact with the insurance company.

Reasons for denial or minimization of your claim

Accidents Due to Road Conditions – Who Is Responsible? Can You Sue?

Published on: February 12, 2025 | Anthony Quackenbush, Esq.

It is possible to sue a government entity for harm caused by negligence, but the government and the courts do not make it easy. If you believe poor road conditions, maintenance, or signage contributed to your traffic accident, you will require an experienced Florida personal injury lawyer to help you with your Florida personal injury lawsuit against the government.

Road conditions and responsible parties

Anyone who owns property has a duty to keep that property safe. When negligence leads to injury, the owner may be liable to compensate the injured party. It is the same for government municipalities that own or maintain roads.

What Is a T-Bone Accident, and Who Is Responsible In Florida?

Published on: February 4, 2025 | Anthony Quackenbush, Esq.

A T-bone accident is a side-collision accident in which the front end of one car collides with the side of another. These types of accidents are common in Florida and are particularly dangerous to passengers, as most cars have no protective equipment to protect a person from a side impact. Front airbags have been shown to provide significant protection in head-on collisions, but with a side collision, even if the airbag deploys, the bodies of the occupants will be whipped sideways rather than forward, causing severe twisting of bones and ligaments and often smashing heads into the side windows.

Side collisions are the cause of some of the most serious accident injuries for everyone in the vehicle, often proving to be life-altering or even fatal. If you or a loved one was injured in a T-bone accident, contact us right away. As a Florida personal injury attorney experienced in helping victims of auto accidents, I leave no stone unturned to help my clients receive the compensation they deserve.

Causes of T-bone accidents

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.