Florida Injury Attorney Blog

In Florida, lawyers for the city of Hollywood are fighting a $1.6 million jury verdict awarded to a landscaper who was injured after a public works truck rammed into his pickup truck on Federal Highway at Sheridan Street on July 30, 2002. Both vehicles were totaled.

Ronald Miller, a self-employed landscaper, did not have health insurance at the time the accident happened. However, he asked the city of Hollywood for just $85,000 to cover the medical costs he accrued from the Florida truck accident.

Lawyers for the city of Hollywood refused to pay his personal injury claim, even while acknowledging that Miller should receive the settlement, their worker was at fault, and the city would likely lose the Florida truck accident lawsuit if it went to court. In 2006, a Broward County jury awarded Miller a $1.6 million verdict.

So far, the city of Hollywood, Florida has paid Miller $100,000. He still owes another $40,000 in medical expenses and more than $300,000 in future medical bills are expected.

Last week, the city’s attorneys took part in a special legislative hearing to convince lawmakers to reduce or void the jury’s verdict. Unless the Florida Legislature waves the lawsuit cap, Florida municipalities are protected from any civil judgments higher than $100,000.

Miller, who continues to mow lawns, will now have to undergo knee replacement surgery at a cost of $60,000/knee. He is employed by Ron’s Lawn Service and can only finish mowing half as many lawns during a full day of work than what he could do before the 2002 motor vehicle crash. At the time of the truck accident, Miller was the main financial provider for his girlfriend, her sick mother, and his son.

Some Reasons for Suing a Florida government entity for Personal Injury:

• Injuries involving liable city police officers.
• Premises liability at a city park.
• Personal injury accidents at public schools.
• Traffic accidents involving city buses.
• Medical malpractice at a county hospital.

Hollywood fighting $1.2 million liability award in public works truck crash, Sun-Sentinel.com, November 22, 2008

Related Web Resources:
Truck Accident Fact Sheet, NHTSA (PDF)

City of Hollywood, Florida

In Broward County, a 16-year-old bicyclist died this weekend after colliding with a 1994 Jeep Grand Cherokee on Griffin Road. Richard Torrent, a Southwest Ranch resident, was pronounced dead at the Florida motor vehicle accident scene.

The driver of the sport utility vehicle, Bryce Stuehrenberg, of Davie, and his passenger, did not sustain any injuries. The Broward County Sheriff’s Office is investigating the cause of the traffic crash, which occurred just after 5am on Sunday.

NHTSA 2007 Pedalcyclist Facts
• Of the 3,214 traffic deaths in Florida last year, 119 of the victims were pedalcyclists.
• Nationally, 698 pedalcyclists died in 2007.
• 43,000 others sustained injuries.
• 153 of the pedalcyclists that died were younger than age 20.
• Traffic victims younger than age 16 made up 15% of all pedalcyclist deaths.
• 17,000 of the pedalcyclists who were injured were teenagers.

Bicycle Accident Facts
• In Florida, bicyclists younger than age 16 must wear a safety helmet when on the road.
• Wearing a helmet is the best way to prevent head injuries during a bicycle accident.
• A bicycle is considered a motor vehicle, and bicyclists, like car drivers, truckers, bus drivers, and motorcyclists, must obey the rules of the road.

It is important that motorists allow at least three feet of space when overtaking a bicyclist on the road. Drivers of cars, SUV’s, vans, trucks, and buses should also check for bicyclists when they are turning onto another road, backing out of a parking space, or opening a car door.

Teen bicyclist killed in crash in Southwest Ranches identified, Sun-Sentinel.com, November 17, 2008

Bicyclists and Other Cyclists, NHTSA

Related Web Resources:
Helmet Laws for BIcycle Riders, Helmets.org

Florida Bicycle Laws

Continue reading " 16-Year Old Broward County Bicyclist Dies in Florida Traffic Accident " »

A Florida mother is suing Adujar Transport Inc., Comtrak Logistics Inc., and truck driver Renaldo Andujar-Gonzales for personal injury. Rhonda Arbuckle’s three children, JaSena, 11, Natalie, 13, and Joshua, 16, sustained injuries on September 23 when a semitrailer, driven by Andujar-Gonzales, crashed into the Marion County school bus they were riding on US 301, south of Citra. Both the 1991 Freightliner and the school bus caught fire.

According to her Florida truck accident lawsuit, Arbuckle, who ran to the crash scene, pulled her kids off the bus. She then tried to rescue another child, but a small blast made it impossible. Frances Margay Schee, 13, would end up dying in the accident. Eight other students, the bus driver, and Andujar-Gonzales were taken to hospitals for treatment of their injuries.

Arbuckle wants damages for herself and her three children. She is accusing Andujar-Gonzales of negligence and the trucking and transport companies of vicarious liability.

Many people believe that the bus-truck crash could have been prevented. The bus was reportedly stopped when it was rear-ended by the semi-truck.

The Florida Highway Patrol is investigating the accident. A preliminary accident report indicates that the truck's faulty brakes may have contributed to the crash. The semitrailer that Andujar-Gonzales was driving reportedly was taken out of service earlier that day because of brake problems. Andujar-Gonzales also told investigators that he was using his cell phone right before the accident and did not see the bus.

Cell Phone Use When Driving
While the state of Florida does not prevent motorists from using hand-held cellular phones while they are driving, studies have shown that driving while talking or text messaging on a cell phone can increase the chances of a motor vehicle accident occurring. A driver is more likely to take his or her eyes off the road while dialing or texting. He or she may also become so absorbed in the conversation that driver distraction can occur.

Parent Files Lawsuit In Fatal School Bus Crash, CFNews13.com, November 6, 2008

Lawsuit filed in bus-truck crash, Ocala.com, November 6, 2008

Related Web Resources:
Cell Phone Driving Laws, GHSA.org

Cellphones and Driving, III.org

According to the National Highway Traffic Safety Administration, 288 large trucks were involved in deadly motor vehicle accidents in the state of Florida last year. The NHTSA released this figure as part of its 2007 Traffic Safety Facts data.

Other NHTSA 2007 Large Truck Facts:

• Nationally, 413,000 large trucks were involved in traffic accidents.
• 4,584 of these large truck collisions involved fatalities.
• 4,808 lives were lost in large truck crashes.
• 17% of the victims that died were riding in large trucks.
• 75% of the victims that died were riding in other vehicles.
• 8% of the victims that died were not riding in any vehicles when the crashes occurred.
• 101,000 others were injured in large truck accidents.
• Out of every nine traffic deaths, one of the deaths involved a large truck crash.
• 76,000 trucks were involved in motor vehicle accidents resulting in injuries to victims.
• Large trucks have a greater chance of becoming involved in a deadly accident involving multiple vehicles than in a single-vehicle crash.

Unfortunately, motor vehicle accidents involving large truck crashes continue to cause serious injuries and deaths on Florida’s roads. In Florida’s Volusia County on Friday, a Merritt Island man died following his involvement in two separate tractor-trailer accidents. According to the Florida Highway Patrol, they believe Keith Murphy’s truck was involved in a motor vehicle crash with a tractor-trailer. The collision disabled Murphy’s vehicle, causing him to get out of his pickup truck. He was then struck by a semi-truck driven by Jessie Pace, who swerved his vehicle to try and avoid hitting the 31-year-old man. Murphy died form his injuries.

In Jackson County, Florida last month, a 79-year-old woman was walking along the Interstate 10 rest area close to Cottondale when she was struck by flying tires. The tires had come off a trailer that a semi-truck was towing. The woman died from her injuries.

FHP: Man who pulled over after accident killed by 2nd truck, News-JournalOnline.com, November 1, 2008

Crash, freak accident claim lives, JC Florida, October 28, 2008

Large Trucks Traffic Safety Fact Sheet, NHTSA

Related Web Resources:

Federal Motor Carrier Safety Administration

FARS Encyclopedia

Continue reading " NHTSA Reports that 288 Trucks Were Involved in Deadly Florida Motor Vehicle Crashes In 2007 " »