Posted On: January 23, 2008

Personal Injury Lawsuits Expected in 70-Motor Vehicle Crash on Florida’s I-4

The 70-car collision on Florida’s I-4 on January 9 injured 38 people and killed at least 5 people. The multi-vehicle collision in Polk County is considered one of the worst highway disasters in the state’s history. Many personal injury lawsuits are expected to be filed as a result of this catastrophic accident.

At the time of the pileup, visibility was zero on a freeway made even more challenging to drive on by thick fog and the smoke from a 400-acre controlled fire. Florida’s Department of Agriculture and the Florida Highway Patrol are among those investigating the cause of the accident. The first collision occurred at 4:30am, just a little over one hour after a Florida officer had given the all clear.

Car drivers, truck drivers, truck companies, motor vehicle manufacturers, the Florida Fish and Wildlife Conservation, the Department of Transportation, the Florida Highway Patrol, and other government agencies will be investigated for possible liability in causing the multi-vehicle collision. While the Florida Highway Patrol says 10 collisions occurred within the 70-car pileup, the state of Florida might say that there was just one accident involving 70 motor vehicles.

One family that has already filed a personal injury lawsuit is the Gomez family. Five family members were in one of the cars involved in the crash. Three of them were hospitalized in critical condition. One of the family members, Adrian Gomez, died from his injuries last week.

The Gomez family claims that there were no sign to warn them that there was a controlled burn taking place near the vicinity of the freeway. The drivers that struck their car and the Division of Forestry are named in the Gomez family's injury lawsuit.

Florida’s waived sovereign immunity only lets an injured driver recover up to $100,000 or $200,000 for dependents. Any other recovery must be filed through a law called the Claims Bill.

While Florida’s PIP (personal injury protection) insurance coverage covers up to $10,000 in medical costs for drivers—regardless of who caused the accident—some injuries require medical treatment that go well beyond this financial limit.

A good Florida motor vehicle accident lawyer can help you file a claim or lawsuit against any and all negligent parties so that you have the financial recovery you need to pay for your medical care and other associated costs.

Smoke Closes Same Stretch Of Highway Tuesday Morning, News4Jax.com, January 15, 2008

Slew of I-4 pileup lawsuits will cover wide range of blame, Orlando Sentinel, January 13, 2008

4 Killed, 38 Injured In 70-Car Pileup, Local6.com, January 10, 2008


Related Web Resources:

Florida Highway Patrol

Florida Fish and Wildlife Conservation

Florida Department of Transportation

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Posted On: January 16, 2008

NASCAR and Florida Family Reach Wrongful Death Settlement

NASCAR and insurer United States Aviation Underwriters have reached a settlement agreement with the family of Janise Woodward, the Sanford. Florida woman who, along with her 6-month old son Josiah, died when a plane operated by the racing agency crashed onto the Woodward residence last July.

The wrongful death claims were filed separately on behalf of Janice’s husband, Joseph Woodard, and their daughter, Jurnee, 4.

The deadly plane accident occurred on July 10, when the plane when down in an Orlando neighborhood. Two NASCAR employees were flying the plane.

The plane’s pilot noticed smoke coming from the cockpit soon after leaving Daytona Beach. Controllers were guiding the plane so it could land at Orlando-Sanford International Airport when the collision occurred.

The plane also crashed onto another Sanford residence, this one owned by Peter and Milagros Dechat. Peter sustained serious burn injuries in the accident. The Dechat’s daughter Gabriel, 4, also died in the aviation accident. Their son Daniel Happy, 10, is still being treated for his burn injuries at Cincinnati’s Shriners Burns Hospital. The couple says that they plan to file injury and wrongful death claims also.

Personal injury and wrongful death claims and lawsuits related to plane accidents can be challenging cases to handle without the help of an experienced Florida plane accident lawyer.

Plane accidents often leave no survivors and can also seriously injury or kill innocent bystanders and residents on the ground who are just going about their daily life—whether they are walking up the street, riding a car, or sitting in their kitchen having breakfast.

A good plane accident attorney can determine whether the pilot, the air traffic control team, the plane company, or anyone else can be held liable.

Your personal injury attorney should have a solid understanding of aviation law and the different rules that govern private planes, commercial airliners, and military jets.

Family reaches settlement after fatal Sanford plane crash, OrlandoSentinel.com, January 16, 2008

Family Who Lost Mother, Son In Sanford Accident Settle With NASCAR, Aero-News Network, January 16, 2008


Related Web Resources:

Federal Aviation Administration

United States Aviation Underwriters

NASCAR

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Posted On: January 9, 2008

Truck Accident in Southern Florida Leaves One Twin Dead and the Other Critically Injured

20-year-old Florida Southern College twins Meghan and Melissa Kelly were returning to school on U.S. 27 on Monday when the Honda they were riding in was struck by a semi-truck that ran a red light at U.S. 27 and State Road 29.

The Florida Highway Patrol says that Meghan died from her injuries, while her twin, Melissa, was seriously injured. The sisters, college juniors, played together on their school’s women’s soccer team.

Truck collisions can be devastating experiences for the drivers and passengers of cars, motorcyclists, or pedestrians that are involved in these accidents.

In Florida, you must hire an experienced truck accident law firm that knows how to deal with truck drivers, trucking companies, and their insurance companies. Your truck crash lawyer will have to be familiar with the rules and regulations established by the Federal Motor Carrier Safety Administration.

Semi-trucks are extremely large in size and weigh a great deal. Their impact upon collision is frequently catastrophic.

Common causes of truck accidents:

• Driver carelessness
• Fatigue
• Speeding
• Driving under the influence
• Truck malfunction
• Driving longer than the number of hours allowed
• Disregarding the rules of the road

A good truck crash lawyer will know what to look for in terms of determining who was at fault. Your lawyer should know how to work with accident reconstruction experts and be familiar with reading the truck driver’s logs. It is important that you retain the services of a truck accident lawyer right away.

In Return Trip to FSC, 1 Twin Dies in Crash, The Ledger.com, January 8, 2008

Tragic crash kills Florida Southern student, injures her twin, My FOX, January 8, 2008


Related Web Resources:

Federal Motor Carrier Safety Administration

Center for National Truck and Bus Statistics

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Posted On: January 4, 2008

Florida Reinstates PIP Insurance Law for Drivers Beginning January 1

As of January 1st, 2008 all Florida motorists are required to carry personal injury protection (PIP) insurance again. Florida’s no-fault insurance law had expired on October 1 but has been reinstated.

PIP insurance covers up to $10,000 in medical expenses for a driver who has been in an accident regardless of who was at fault. Passengers in the vehicle and family members living with the driver are also covered under the PIP policy.

More than a million Florida drivers dropped the coverage after October 1. Florida police will be ticketing anyone who hasn’t renewed their PIP coverage by now. Insurance companies have been ordered to drop any clients who haven’t renewed their PIP coverage already and report them. In turn, Florida will suspend their drivers’ licenses and vehicle registrations. Drivers will have to spend up to $500 to renew both.

Because of the $10,000 medical coverage provided by PIP, no-fault insurance coverage prevents drivers from filing a personal injury lawsuit against the at-fault driver for the accident unless the injured party has sustained a permanent injury.

Unfortunately, auto accidents do occur where the injuries incurred are serious enough to warrant medical expenses that exceed the $10,000 coverage. Multiple surgeries, physical therapy, and 24-hour professional care are some of the costs that can accumulate during the weeks, months, or years—especially if the injury is catastrophic or permanent.

Some of the serious injuries that can occur in a serious auto accident involving a truck, bus, motorcycle, or another truck:

• Spinal cord injuries
• Permanent disfigurement
• Severed limbs
• Traumatic brain injuries
• Burn injuries
• Head injuries
• Paralysis

Under state law, Florida drivers again must have PIP insurance, TCPalm.com, December 31, 2007

No-fault coverage required again, Palm Beach Post, January 1, 2008


Related Web Resources:

PIP No-Fault Reform, Alex Sink, Chief Financial Officer, State of Florida

You can drop PIP -- for now, Miami Herald, October 14, 2007

Continue reading " Florida Reinstates PIP Insurance Law for Drivers Beginning January 1 " »

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