Distracted Driving

Episode Transcript

Speaker 1 (00:00):
I need your help in welcoming Bruce Elshiner, attorney for
the injured. Good morning, Bruce, Hey.

Speaker 2 (00:06):
Good morning. How are you doing this morning?

Speaker 1 (00:09):
Oh? Just fine. I guess a little warm these days,
but I think all of us are.

Speaker 2 (00:14):
Yeah, that's what happens in the summertime in southwest Florida.

Speaker 1 (00:19):
And nothing too unusual. For sure, we got ourselves another
issue with another problem. Could use your little expertise and
caring wisdom. You ready for it, yes, sir, all right,
let's get into today's email and see what Bruce thinks.
My daughter was driving on Edgewater near Midway when she

(00:39):
was struck by a driver who was texting and ran
a red light. Oh I hate hearing about distracted driving,
and I'm sure Bruce you deal with that a lot
in your business every day. It says, my daughter had
just dropped her child at daycare and was alone in
the car, and that's kind of good. The driver who
hit her was in a company vehicle, but his employer
claims he was off the clock and that it's not

(01:02):
their responsibility. She has a broken collarbone and neck injury
and can't return to work as a nurse. Can a
lawyer determine if the company can still be held accountable
this I know we have tackled before, but I can't
remember what the answer is, Bruce, Why don't you fill
in the blanks for Uce?

Speaker 2 (01:20):
Well, as long as the driver had the consent of
the owner to be driving the car, it doesn't matter
whether it was on the clock or off the cock.

Speaker 1 (01:33):
I see.

Speaker 2 (01:34):
There's a theory of law called dangerous instrumentality, and that
means that the owner of a dangerous instrumentality, which includes
a car or a truck or a motorcycle, is directly
responsible for the actions of the driver. Okay, So their

(01:55):
daughter is in of good shape from a financial stamp point,
because the owner is responsible and we'll have to you know,
pay for our huge medical bills now and in the
future or lost wages if she sustains any and her pain, suffering, inconvenience,

(02:18):
and other intangible damages. Yeah ahead, So we do have
good news for this inquirer.

Speaker 1 (02:27):
Yeah, with a broken collar bone and neck injury in particular,
that signals to me this is somebody who may need
long term physical therapy and net problems, the kind of
thing that don't just kind of go away after a while.
You have ongoing issues. Is there a way to protect
her for the future.

Speaker 2 (02:46):
Yes, that's one of the elements of damages, the future
care that she will need, which we would obtain a
statement from the treating physician as to what medical expenses
he or she expects in the future, and that would
be part of the damages that we would seek to recover.

Speaker 1 (03:10):
See, that's why you need to go to a professional
on something like this, because handling it on your own,
you wouldn't even think in the long term, the big picture.
But somebody like you says, hold it, we got to
worry about your future too.

Speaker 2 (03:22):
Absolutely, Okay, this is perfect.

Speaker 1 (03:25):
This is exactly what I was hoping for, some helpful
positive thinking on behalf of this poor person who's been injured. Bruce.
As always, we appreciate your kind and caring way.

Speaker 2 (03:37):
My pleasure, Todd, and I look forward to another challenging
question next Wednesday.

Speaker 1 (03:42):
I'm sure we will have one for you. In the meantime,
have a great week at take.

Speaker 2 (03:46):
Care, Bye bye, Thank you, Todd.

Speaker 1 (03:50):
That's Bruce el Shiner, Attorneys for the Injured. And if
you end up in a similar situation, I'm going to
tell you what you should do. But if you would
like to just submit a question out of curiosity about
the law. Just go to our station website and put
Bruce in the keyword search box. That'll take you where
you need to go. Now, if you are injured. If

(04:10):
this sounded all too familiar for you, then immediately, not
in the second or two, I mean immediately call the
Port Charlotte Office of Associates and Bruce el Shiner. Here's
the phone number nine four one seven four to three
seven seven seven seven nine four one seven four three
seven seven seven seven, And please tell Vim that Todd

(04:35):
Matthews sent you