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Auto Accident case example

The Mobile Phone Distraction

Texting while driving is not only dangerous, it is also banned in Florida.

Imagine that several people are injured when the driver of a red convertible crashes into the backside of a green dump truck. The driver of the dump truck had an operator's license but not for a truck of this weight. At the time the accident occurred, the red convertible driver was dialing a number on the cellular phone and did not realize that the green dump truck had suddenly cut into their lane. After the red convertible hit the green dump truck, three additional automobiles slammed into the rear of the red convertible.

The green dump truck was owned by a Corporation. The driver of the red convertible and the three drivers that subsequently hit the red convertible were severely injured. To determine liability, we frequently work with engineers, investigators, industry experts, and accident reconstructionists. Under Florida law, more than one person or company can be held liable for the injuries caused in an auto accident.

The questions listed below are a brief example of the factual and legal analysis that our firm would perform in order to determine who should be liable for the injuries caused in this accident:

  • Did the driver of the green truck fail to use due care when changing lanes?
  • Would it be relevant that the driver of the green truck was not licensed to operate a dump truck?
  • Where the breaks on the red convertible properly maintained?
  • Were the drivers of the vehicles involved in the accident wearing a seatbelt?
  • Could those drivers not wearing a seatbelt assume the risk of injury and waive their right of recovery?
  • Should the three drivers that hit the red convertible be liable for injuries sustained by the red convertible driver and the driver of the green truck?
  • Can the passengers of the red convertible sue the driver of the red convertible or any of the other drivers?
  • Should the cellular phone manufacturer be liable for failing to advise the red convertible driver about the dangers of driving and talking on a cellular phone?
  • Who should be responsible for the property damaged caused to each vehicle?
  • Are there any additional remedies available for an injured person, if a liable party does not have sufficient insurance to cover the amount of damages?
  • Who should be responsible to pay the medical bills and lost wages of each motorist and their passengers?

After an extensive factual investigation, our law firm would determine if and how a potential client is entitled to recover for the injuries suffered in the automobile accident.


The Law Offices Schiller, Kessler & Gomez, PLC provides aggressive and effective legal representation to our clients with the highest standards of excellence, compassion and integrity. We always provide personalized attention and deliver prompt communication so that our clients always know where their case stands. Contact our offices anytime to schedule a free consultation.

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