Florida accident attorney

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:

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

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

What to Do if You Have Been Injured by a Drunk Driver

Published on: October 5, 2024 | Anthony Quackenbush, Esq.

In a Florida personal injury case, you need to show that you have sustained injuries due to someone else’s negligence. Since drunk driving is clearly negligent behavior, if you have been injured in an accident involving a drunk driver, you could likely sue for compensation.

Operating a motor vehicle while intoxicated is, of course, against the law. In Florida, the blood alcohol content (BAC) level to be considered legally intoxicated varies. If the driver is a minor (under 21) the BAC legal limit is under 0.02%. If the driver is 21 or older, the legal limit is under 0.08%. If the driver is driving commercially (such as a truck driver), the limit is under 0.04%.

Someone who can “hold his liquor” may not even feel any effects of the alcohol at this level, but if the police arrive and a test shows the level is over the legal limit, that driver has committed a crime and has clearly been negligent.