News & Analysis as of

Motor Vehicles Car Accident

Marshall Dennehey

Appellate Court Reverses Summary Judgment, Finds Triable Issues of Fact in Vehicle Collision Liability Dispute

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Tsering v. Fifth Ave. Foods, LLC, 236 A.D.3d 703 (N.Y. App. Div. 2025) - On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because...more

Lowndes

Florida Appeals Court Reinforces Employer Liability Under Dangerous Instrumentality Doctrine Despite Use Restrictions

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A recent decision from Florida’s Fourth District Court of Appeal clarifies the scope of Florida’s “dangerous instrumentality” doctrine, reminding employers that having company vehicle policies alone may not be enough to avoid...more

JUSTICENTER

What Is the Alcohol Limit in California?

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Statistics show that in 2023, someone was killed in an alcohol-impaired car accident every 39 minutes. This equates to more than 15,000 fatalities across the nation. While thousands are arrested for DUI each year, many more...more

JUSTICENTER

The Difference Between a Freeway and a Highway

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Understanding the difference between a freeway and a highway is important. It can be especially relevant when evaluating fault and legal liability after a crash. In California, these distinctions can impact how a case is...more

Freeman Law

Public Trust on the Road – A Life Reality that All Should Consider

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In a recent vehicular negligence opinion from the Texas Supreme Court, the Court addressed legal issues of proximate cause and substantial factor-to-injury in a situation where a vehicle, while driving in icy conditions,...more

Marshall Dennehey

Appellate Court Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case

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Sivak v. Chrzanowski, 2025 WL 366090 (N.J. Super. Ct. App. Div. Feb. 3, 2025) - On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial,...more

Marshall Dennehey

NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision

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Portorreal v. Mann, et al., 237 A.D.3d 1120 (2d Dept 2025) - The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet...more

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

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Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

Morris James LLP

Spring Driving Safety Tips: Stay Safe on the Road as Temperatures Rise

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With the arrival of spring, warmer temperatures and longer days bring new challenges to the road. As we enjoy the season, it's essential to stay alert to potential hazards. Whether you're behind the wheel, using a rideshare,...more

Searcy Denney Scarola Barnhart & Shipley

Alligators, Sinkholes, and Other Unusual Florida Hazards That Can Cause Car Accidents

Drivers across the United States face a variety of risks on a daily basis. Unfortunately, Florida drivers face more risks than others. Florida has more fatal car accidents than almost any other state, with nearly 10 people...more

Searcy Denney Scarola Barnhart & Shipley

The Importance of Dashcam Footage in Tallahassee Car Accident Cases

Car accidents are an unfortunate reality on the roads of Tallahassee, Florida. With thousands of vehicles traversing the city daily, collisions are bound to occur. Determining fault and liability in these incidents is often a...more

Clark Hill PLC

Ohio Dram Shop Update: Knowledge of Noticeable Intoxication Required for Liability Under Ohio Dram Shop Act

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On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act....more

Mandelbaum Barrett PC

What is Considered a Catastrophic Injury in New Jersey Law?

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A car accident, slip-and-fall, or other incident can turn your life upside down when catastrophic injuries occur. These serious injuries go beyond sprains or fractures, leaving you out of work and with long-term or permanent...more

Adler Pollock & Sheehan P.C.

Advantages and Limitations of Dash Cam Footage in Motor Vehicle Accident Cases

In recent years, more and more businesses and individuals are using dash cameras in their vehicles. These cameras generally point forward through the windshield of a vehicle and record footage which can be saved and accessed...more

Mandelbaum Barrett PC

Your Guide to New Jersey PIP Laws, Liability Claims, and Car Accident Compensation

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Navigating medical expenses after a car accident can be overwhelming, but understanding your options makes all the difference. In New Jersey, Personal Injury Protection (PIP) covers medical bills, and if you have additional...more

Morris James LLP

After the Route 1 Rollovers: Understanding Injury and Death Benefits

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On February 25, 2025, two separate rollover accidents occurred on Delaware's Route 1, resulting in one fatality and one individual sustaining serious injuries. These incidents not only highlight the inherent dangers present...more

Maison Law

Who is Liable for Accidents in Blocked Bike Lanes in California?

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Bike lanes are meant to be a safe way for cyclists to share the road, but unfortunately, they can lead to quite a few accidents. It's fairly common for other vehicles to pull over into a bike lane and end up causing a wreck....more

Searcy Denney Scarola Barnhart & Shipley

Florida Wildlife and Road Safety: What to Do If an Animal Causes an Accident

Florida’s rich and diverse ecosystems are home to a wide range of wildlife, from deer and raccoons to alligators and bears. While this diversity is one of the state’s most cherished assets, it also poses a unique challenge...more

JUSTICENTER

The Deadliest Highway Stretches in California

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California is a large state with thousands of miles of roads, highways, and interstates within its borders. The state also has one of the nation’s highest numbers of traffic fatalities. From Sacramento to Encino, CA,...more

JUSTICENTER

What To Do if You Witness a Car Accident

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The first action you should take after witnessing a crash is to call 911. Alerting emergency services is essential for getting help to the scene quickly. When you call, provide clear and precise information to the operator....more

IR Global

Top 5 Mistakes to Avoid After a Motor Vehicle Accident in the Cayman Islands

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Motor vehicle accidents (MVA’s) are a significant concern in the Cayman Islands, with thousands of collisions reported annually. According to the Royal Cayman Islands Police Service (RCIPS) latest Crime and Traffic Statistics...more

Maison Law

California's Daylighting Law: Keeping Vulnerable Road Users Safe

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As with many states throughout the United States, California deals with an extremely high number of traffic-related accidents that harm pedestrians, bicyclists, skateboarders, and others. For this reason, legislators have...more

Searcy Denney Scarola Barnhart & Shipley

The Role of Toxicology in Florida Accident Investigations: What Happens If Drugs or Alcohol Are Suspected?

Accident investigations are essential for determining cause(s), assigning liability, and improving public safety. In Florida, where bustling roads, recreational boating, and tourism create dynamic environments, the role of...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

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In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more

JUSTICENTER

Average Car Accident Settlement in California

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Car accidents are a common occurrence in California. If you or a loved one has been injured in a car accident, you may be wondering how much you can expect to receive in a potential car accident settlement. The average car...more

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