Ask The Lawyer – Radio Show (Part 2)

July 19, 2023

My brother was driving on Tamiami Trail when a Semi-Truck, with the name of a major retailer on it, swerved into him, causing his car to flip over and crash into the guard rail. The trucker was ticketed for reckless driving. Unfortunately, it turns out the driver of the truck is underinsured. My brother was in intensive care and was scheduled to have multiple surgeries, affecting him for the rest of his life. My sister-in-law contacted the major retailer; they claim that they leased the truck; however, the driver was an independent contractor, so they are not liable. We have insurance but not nearly enough to cover the medical bills, not to mention the therapy and medical assistance he will need for years to come. Can you ask the lawyer what we can do?

July 12, 2023

My son was walking down our street and was struck by a hit-and-run driver. He was hospitalized with multiple broken bones and will be unable to work for at least three months. He and his wife have been living with us for the last year. He doesn’t have a car right now, so he doesn’t have insurance. I have a small landscaping business and have full coverage, including uninsured motorist coverage. Can my insurance help pay the bills and lost wages even if my son has no car?

June 21, 2023

Our daughter is attending a private college in Pensacola. While riding her bike on the sidewalk on the campus, she was struck by one of the school’s golf carts, causing her to get severely injured. It turns out the driver of the cart was a vendor who was working on the sprinkler system. The medical bills are enormous, and the school claims they are not responsible for the accident because the driver was not an employee. Can the lawyer help? Do we need to hire a Pensacola lawyer even though we live in Venice?

June 14, 2023

My girlfriend was severely injured when a driver ran a red light. She was hospitalized for almost a week and will need future surgeries and therapy. The person who was driving the car had only minimum insurance. He was driving a pest control company car, but it turned out that the driver didn’t work for the company. His roommate had let him drive the car to get some groceries. The pest control company is claiming they are not responsible because they have a policy against any employee allowing anyone other than the company’s employees to drive the car. Is my girlfriend out of luck? Her medical bills will be enormous, not to mention lost wages.

June 7, 2023

My daughter was struck head-on by a driver who crossed over into her lane. My daughter was hospitalized for over two weeks and had multiple surgeries. We are told she will need physical therapy for at least a year. The at-fault drivers’ insurance company is offering to pay the policy limit of only $20,000. Our medical bills are already five times that amount. I have a small business, so I carry much more significant insurance, including stacking uninsured motorist coverage. My wife’s brother said that we couldn’t make a claim for our insurance since the at-fault driver was insured. That seems unfair. Can you ask the lawyer if there is anything we can do?

May 31, 2023

My nephew was riding his bike in the bicycle lane when a car turned on the road his riding on and struck him. My nephew was taken to the hospital with multiple broken bones and a shattered elbow. The driver claims he is not responsible because the sun was shining directly into his eyes. Can you ask the lawyer if that’s a legal defense?

May 24, 2023

My wife and I are devastated over the accidental shooting of our 6-year-old son at a neighbor’s house. Our family has been friends with our neighbor for years, but we were unaware they kept firearms in the house, apparently unsecured. The neighbor’s son got a hold of a handgun and fired it, hitting my son in the shoulder. The Mom, who was home then, immediately called the police, and my son was taken to the emergency room with a life-threatening wound. Fortunately, he is now recovering, but we need additional surgeries to repair his should and a lot of physical and mental therapy. The police are investigating and may file charges against the family. The medical bills are enormous, our neighbors are going thru a divorce, and the mother lost her job, so they can’t help us financially. Can the lawyer do anything?

May 17, 2023

My husband and I rented a condominium through Airbnb. Our kids were playing in the back area. There was a pool with a fence around it, so we weren’t worried about the kids, who were 3 and 5 years old. We didn’t know that the gate on the far side of the pool was broken and stuck open. The kids wandered in, and our 3-year son fell in the pool. Our daughter yelled for help, and we came as quickly as possible. Our son had been in the water for several minutes and wasn’t breathing. I was about to perform CPR, and he finally gained consciousness. However, the doctors are saying he was unconscious for so long that he has brain damage and will require a lot of therapy for possibly years. The condominium is saying that we are not owners, and they are not responsible for our son’s injuries. The homeowner association said they had notified the management company about the gate and were responsible for making repairs. Can a lawyer help?

May 10, 2023

My nephew, who lives with his dad, was driving a friend’s motorcycle and was struck by a driver running a red light on Tamiami Trail. He has a broken leg and several internal injuries, requiring surgery. Luckily he was wearing a helmet, or it might have been much worse. His friend only had minimum insurance, and the driver who struck him had a suspended license and no insurance. My brother (his dad) has a small landscaping business and multiple vehicles insured, including uninsured motorist coverage but no motorcycle insurance. Would my brother’s insurance cover his son even if he doesn’t have motorcycle insurance?

May 3, 2023

A group of friends from work drove in several different cars up I-75 early one evening. I was riding about a mile in front of some of my friends when suddenly, I came upon a pallet with construction material scattered across the highway. The impact of my car on the pallet caused me to lose control, swerve off the road, and I got severely injured. When the police investigated, they couldn’t determine where the pallet came from, but one of the other people I worked with said they had seen a pallet fall off a big box store’s truck and had taken a picture of the truck. I don’t have enough insurance coverage to cover my bills. Can my friend’s testimony about the truck help prove the big box store truck caused the accident? Someone told me friends couldn’t testify about another friend’s accident. Can the lawyer help?

April 26, 2023

Recently my sister was sexually assaulted by an Uber driver after getting a ride home. The driver had offered to help carry some groceries into her house for her and then assaulted her. The police were called and later arrested the man, who they had indicated had had previous sexual assault charges in another state. She has contacted Uber to pay for her medical bills and counseling. The only response she received was that the driver had been terminated from Uber and that because he had signed off the app before his action, his actions were not their responsibility. What can a lawyer do to help my sister?

April 19, 2023

My sister was shopping at the supermarket. As she was looking at some can goods, a worker was pushing a cart with cases of soda, and he ran it right into my sister, causing her to fall and shatter her knee. She was hospitalized and will require a knee replacement.

The store has denied liability because it was not an employee of the store that ran into her but the local soda vendor who sends their employees to stock the shelves. The store manager has given me the soda distributor’s name, but they refuse to return our calls. Is the store correct that they are not liable? Can you ask the lawyer what we can do?

April 12, 2023

My 16-year-old nephew, who has been living with my wife and me for the last year while his mom is overseas with the military. He was struck while riding his bike and had severe injuries, including two broken legs, and will need multiple surgeries and rehab. The driver only had minimum insurance, and I have substantial Uninsured Motorist coverage. However, my insurance says he is not covered by my car insurance, even though I notified them that I had another licensed driver in my house. Can a lawyer help?

April 5, 2023

My wife was riding her bicycle in the bicycle lane when an Uber Driver on the telephone veered into the bike lane over and struck her. My wife was transported to the hospital with a broken shoulder and shattered knee, which will need surgery. I contacted the Uber driver’s insurance company, who informed me that the driver had minimal insurance coverage. My wife’s medical bills are substantial. Neither my wife nor I drive so we don’t have car insurance. Can the lawyer help?

March 29, 2023

My uncle was riding his bicycle to work the other day, and a guy driving a van side-swiped him, causing him to crash. The police came and ticketed the driver for reckless driving. My uncle was taken by ambulance to the hospital with severe injuries. His leg was crushed and will need multiple surgeries, and he may not be able to walk for quite a while. The driver of the van had minimum insurance. An electrical supply company owned the van, but the driver had just been fired and was told to take his tools home and return the van. The company claims they are not responsible for his action because he was no longer an employee. Can the lawyer help?

March 22, 2023

My husband and I have been snowbirds from Ohio for over ten years. Yesterday my husband was riding his motorcycle by Nokomis Beach when a driver ran a stop sign and hit him. My husband was taken to the hospital with severe injuries which required emergency surgery. My Brother-in-law wants to contact a lawyer friend in Ohio to handle our case, but I think we should hire a Florida attorney. Can an Ohio handle an accident case in Florida? We need some advice.

March 15, 2023

My sister was volunteering at an event at the Orange County Convention Center. While there, one vendor display set up fell on her, causing her to be taken to the hospital with multiple injuries. She is being told that she will need multiple surgeries on her leg and possibly a hip replacement. She doesn’t have much money, and the staff at the convention center say they are not responsible for any injuries caused by vendors. They said to contact the vendor, but no one could provide any information. The convention center is non-responsive. Is there anything a lawyer can do to help?

March 8, 2023

When I was 12 years old, I attended a church owned camp and was a victim of sexually battery by one of the youth ministers who work for the mega-church which ran the camp. I suppressed the memory and trauma of this event for the last 10 years but I feel I should do something about it. My fiancée thinks I might be out of luck because it was so long age. Can you ask the Lawyer if there is anything I can do?

March 1, 2023

My sister was driving on Tamiami Trail when she was hit from behind by a distracted driver. She was taken to the hospital with multiple injuries, including several broken ribs and a shoulder injury requiring surgery. It turns out that the driver was driving a rental vehicle and did not have insurance. We contacted the rental agency, and they indicated they are not legally responsible for accidents caused by renters. I also discovered that the driver’s company rented the vehicle for deliveries when the company vehicle was being repaired. The company says they are not responsible because the accident happened before his workday was scheduled to begin. Is it true that rental companies are not responsible for ensuring renters have proper insurance? Can a lawyer help my sister?

February 22, 2023

A girl struck a neighbor of mine who was riding his bicycle in the evening with her car. My neighbor has a broken leg that will need surgery, and he will not be able to work for months. The girl fled the accident scene and later claimed someone had stolen her vehicle while she was sleeping. However, one of her friends said she had a call from the girl on her cell phone and was distraught. Her father owns an accounting firm, and this was a company car. None of the family was home to confirm the girl was sleeping. The father’s insurance company denies responsibility. Is there anything a lawyer could do for my neighbor?

February 15, 2023

I recently hired a plumbing company for some remodeling on my Punta Gorda home. Different workers were frequently coming to our home when I was not there. I arrived home recently at 6 pm, and a plumber rushed to get in the company truck and left without even acknowledging me. When I entered my home, my daughter was distraught. It turns out my 14-year-old daughter had let the uniformed plumber in the house, and he sexually assaulted her. I called the police, and he was arrested. The police later told us that the plumber had a previous sexual assault arrest. My daughter is devastated by this incident, and according to our family doctor, my daughter will need a lot of therapy. As a single mom, I can’t afford this expensive therapy. When we contacted the company, they indicated they were not responsible because it happened after he was done work, and they had no idea about his previous arrest. I picked this company because their website says that all their employees have background checks. I am at a loss about what to do. Can a lawyer help us?

February 8, 2023

My neighbor was riding his motorcycle on US 41 when a car pulled out right in front of him from a stop sign causing significant injuries. The female at-fault driver had let her insurance lapse. She told the police that she was a home health nurse headed to see a client; because she didn’t have insurance, my neighbor felt he was out of luck. Is there anything you can do?

February 1, 2023

My cousin went to the local waffle restaurant after work around midnight. When he got out of his car and started walking to the restaurant, he was shot and killed by a customer leaving the restaurant. The news report on TV indicated that this was the second shooting in a year. The police had told the owners they needed to improve the lighting in the parking light and fix the video cameras, which they never did. My cousin has two children, and his wife doesn’t work. The restaurant is claiming they are not responsible for the criminal actions of its customers. Can the lawyer help?

January 25, 2023

My nephew, who has lived with me for the last two years, was driving his Harley down 41 when someone on their cell phone pulled out from a side street without looking into my nephew’s path. He struck the car and was taken to the hospital. He has had to have emergency hip surgery. Unfortunately, the negligent car driver didn’t have insurance. To make matters worse, my nephew was also uninsured despite my many requests that he obtain insurance. I had recently purchased insurance with stacking on all my vehicles and had urged him to do the same. I think my nephew is out of luck, but can you ask the lawyer? The medical bills are enormous.

January 18, 2023

I was severely injured when a drunk driver hit me. His insurance company acknowledged he was at fault and indicated they would pay for all my medical and replace my car along with my lost wages. However, they are now questioning the bills and the follow-up therapy I will need to regain complete mobility. The settlement they offer is not enough to even begin paying for all the treatment I will need. The driver who hit me has a lot of insurance because he has a business that insured his car. My wife has had to leave her job to help take care of me. I am only 32 years old, and this accident is putting a strain on our marriage. Is it too late for us to contact a lawyer since the insurance company has already paid some bills? Can you ask the lawyer how a lawyer could help?

January 11, 2023

My daughter was a passenger with a college friend who ran a stop sign and caused a terrible accident. My daughter was taken to the hospital with multiple broken bones, a concussion, and a severe neck injury. The driver was ticketed and only had minimum insurance. We have always maintained full insurance coverage, including uninsured motorist coverage. Will that protect my daughter even though she wasn’t driving? Does the fact the person she was riding with was at-fault for the accident eliminate any claim? Please ask the lawyer if he can help.