Auto, Trucking and Rideshare Liability

Accidents happen on the road. And when they do, Falk Waas attorneys are well equipped and prepared to defend and represent commercial and private vehicle drivers, owners and insurers. 

Our knowledge of the complexities involved in defending these matters allows us to successfully represent our clients and deliver the best outcomes. We handle all types of accidents, including catastrophic, wrongful death, environmental and property damage claims from investigation through verdict. Falk Waas attorneys are well versed in State and Federal laws and regulations.  

We are the team of attorneys you can depend on to thoughtfully and strategically advocate for your interests. 

Collectively, our attorneys leverage their decades of experience across various practice areas to strategically deliver the best results for our clients.

Representative Cases

Intoxication coverage exclusion upheld

The driver of a rental vehicle was involved in a car accident, fatally injuring a husband and wife, who were driving in their car. The tortfeasor was arrested for DUI; however, the legitimacy of the blood draw and testing were questioned by the tortfeasor and his attorneys. After much litigation and expert discovery, our office prevailed in a federal declaratory action filed on behalf of the rental car company and its insurer, with summary judgment entered in its favor. The court ruled that the tortfeasor was, in fact, intoxicated at the time of the accident and that the intoxication exclusion in the insurance agreement was valid and not against public interest. 

Successfully defending a left turn case

The Plaintiffs claimed serious bodily injuries as a result of a motor vehicle accident, alleging that the Defendant improperly made a left-hand turn directly in front of them, violating their right of way. Our client claimed that he had a left green arrow, suggesting the Plaintiffs entered this intersection on a solid red light. Through intense discovery, light sequencing and investigation, our office was able to present forensic evidence at trial that proved that the Plaintiff entered the intersection on a solid red light. A defense verdict was returned for our client in under 30 minutes.

Plaintiff’s visual impairments caused the accident

The Plaintiffs sustained serious injuries from a motor vehicle accident, with both eventually undergoing surgical intervention.  They claimed that our client improperly turned left in front of them at an intersection. The Plaintiffs maintained that they entered this intersection on a solid green light, whereas our client claimed he turned on a left green arrow, and that the Plaintiffs ran a red light. At trial, our office successfully proved to the jury that the driver of the Plaintiff’s vehicle had visual problems, and likely could not perceive the color of his traffic signal given his direction of travel, lighting and recent medical treatment for his eyes.  Our team put on forensic evidence to show the jury the significant reaction time the Plaintiff would have had to have avoided the accident and that his failure to do so is more evidence that in fact he simply did not see that his light was red due to visual problems. A defense verdict was returned.

Major injury case dismissed for fraud on the court

The Plaintiffs alleged that they suffered neck and back injuries following an accident. In their depositions and answers to interrogatories, they denied sustaining any similar injuries before the subject accident. Discovery revealed that both Plaintiffs had sustained neck and back injuries in the past for which they sought treatment and filed claims. We filed a Motion to Dismiss for Fraud, Plaintiffs’ counsel withdrew and the matter was dismissed.

Dismissal for lack of jurisdiction of defendant

County of Cumberland New Jersey v. Kwap, 220 So. 3d 1207 (Fla 4th DCA 2017): New Jersey county’s affidavit, that refuted the allegations in prisoner’s complaint, shifted the burden back to prisoner and required the court to look beyond the allegations in prisoner’s complaint, alleging that he was injured in accident while in van owned and operated by international prisoner extradition company, that was hired by county to transport prisoner from Palm Beach County to New Jersey, and court erred when it did not consider county’s affidavit and stated that the allegations in complaint, if true, provided basis to invoke Florida’s long-arm jurisdiction over county. Case dismissed by trial court on remand and dismissal was upheld on second appeal.

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