Florida Injury Attorney Blog

David Falkenstein has been awarded $5.1 million for his wife’s Florida tractor-trailer accident death. David and Ingrid, 67, were riding in a Honda minivan in Palm Coast in 2006 when they were involved in a collision with a fully loaded large truck.

Falkenstein’s pelvis was fractured during the Florida truck crash and Ingrid died instantly. The couple had just retired when the tragic traffic collision happened.

The plaintiff accused, Christopher Angland, the truck driver, of running a stop sign. The trucker and McMaster Sod LLC, both defendants of the Florida wrongful death lawsuit, tried placing the blame on Flagler County by citing the failure to replace rumble strips and the poor signage on the road.

The jury did not hold the Florida county liable for Ingrid’s wrongful death. It did, however, hold McMaster 40% liable and Angland 60% accountable.

2008 Large Truck Crash Statistics (NHTSA):

• 269 fatal Florida truck accidents
• 4,066 fatal US truck crashes
• 66,000 US truck collisions resulting in injuries
• 74% of the US truck crash fatalities were people who were riding in the other vehicles that were involved in the large trucks
• 10% of the truck crash victims who died were not riding in any vehicle
• 71% of people injured in US truck accidents were riding in the other vehicles involved
• 3% of the truck crash injury victims were not riding in any vehicle when the accidents happened

While in recent years there has been a decline in the number of truck accident injuries and deaths, truckers and trucking companies can still do a lot more to prevent catastrophic truck crashes from happening. While truck drivers aren’t always responsible for causing a truck collisions, truck driver error continues to be a leading cause of fatal accidents. More often than not, it is the people who weren't riding in the truck that sustain the worst injuries.

Some common causes of truck accidents involving a negligent trucker:
• Texting while driving
• Drowsy driving
• Driving while medicated
• Speeding
• Failure to obey traffic signs and/or traffic laws
• Failure to properly maintain a truck
• Violating the FMCSA's Hours of Service rule

Flagler widower wins $5.1 million verdict in deadly truck wreck, Jacksonville.com, November 13, 2009

Jury Awards $5.1 Million In Palm Coast Wreck, News4Jax.com, November 13, 2009

2008 Large Truck Facts, NHTSA (PDF)

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

A deputy sheriff with the Palm Beach County Sheriff’s Office is suing several companies for Florida personal injury. Richard Ragali sustained burn injuries on over 60% of his body while at a Marathon gas station last month.

The 53-year-old Jupiter resident’s body caught fire on October 2 as he pulled his motorcycle into the gas station. The motorcycle slid on a gas puddle, causing sparks to fly and flames to ignite.

Ragali sustained second- and third- degree burns and is undergoing physical therapy and getting skin grafts in the burn unit of a Miami hospital. His Palm Beach injury lawyer says his feet and face are the only parts of his body that weren’t burned.

The defendants named in Ragali’s Palm Beach County, Florida premises liability lawsuit are Circle K Corp, Circle K Stores Inc., Circle K store No. 2386, Shell Oil Products Co, Shell Oil Corp, and Motica Enterprises LLC.

Ragali’s Florida injury complaint contends that the defendants knew there were hazardous gas remnants on the property and they should have exercised reasonable care when inspecting, supplying, repairing, and maintaining the gas station and gas pumps. He is seeking damages for pain and suffering, disfigurement, permanent disability, bodily injury, loss of the capacity to earn money, loss of the capacity to enjoy life, medical bills, and nursing expenses.

Gas Station Accidents:
Gasoline companies and gas station owners are aware of how dangerous a gas station can be for patrons in the event of a gas leak occur or a fire. While customer carelessness can cause gas station fires, the premise owner and other responsible parties must make sure patrons are warned of possible hazards. Also, any necessary maintenance work and repairs to prevent injury accidents must be conducted.

Some 4.5 million burn deaths caused by gasoline fires happen each year. Another 10,000 fatalities are from infections sustained by the burn wounds.

Burn injuries are extremely painful and can lead to permanent disfigurement and scarring. Recovery, when possible, can take months.

Deputy sheriff sues over burns suffered in Keys, Keys.net, November 14, 2009

Gasoline Safety, Mass.gov

Related Web Resources:
Service Station Safety, National Fire Protection Association

International Society for Burn Injuries

It took a jury less than one hour to issue a $330 million Florida wrongful death award to the mother of a 13-year-old girl who was killed in a drunk driving accident in April 2007. Shelby Taylor Hagman sustained fatal injuries when the minivan she was riding in was struck by a pickup truck that ran a stop sign in a residential area. Her grandparents were in the motor vehicle with her.

According to police, Christopher Marcone’s blood alcohol level was over twice the legal limit at 0.207 when the tragic Florida car accident happened. The 27-year-old motorist is serving 13 years in prison for the fatal incident. He pleaded guilty to DUI manslaughter and other charges.

Shelby ‘s mother, Angela Stone, is also suing Kia Motors Corp. Her Florida products liability lawsuit accuses the carmaker of having a defective passenger restraint system in the minivan. Stone contends that the defective seat belt and shoulder harness played a part in causing her daughter’s fatal injuries.

The 13-year-old’s head got caught in the seat belt and she landed with her feet in the air.

People say this is one of the largest Florida awards to ever be issued. The jury decided that Marcone should pay Stone $275 million in punitive damages and $55 million in compensatory damages.

For anyone to die in a car accident is tragic. It is even more tragic when the death could have been prevented if only the liable motorist hadn’t been behaving negligently.

2008 Alcohol-Impaired Driving Accidents (Per the NHTSA):
• 11,733 alcohol-impaired driving deaths in the US
• At least 216 of the victims were kids under age 15
• More than 1400 Florida drunk driving-related deaths

Filing a Florida car accident lawsuit won’t erase what happened or make your injuries go away or bring back your loved one. It is, however, a way to hold the liable parties accountable for their actions and can allow you to obtain financial recovery for the harm that was suffered.

Hernando jury awards mother $330 million in drunken-driving death of teen, Tampabay.com, October 1, 2009

Alcohol-Impaired Driving, 2008 Traffic Safety Facts, NHTSA

Related Web Resources:
This story was written from prison by Christopher S. Marcone, Safe Teen Driver

Mothers Against Drunk Driving

It’s been four years since Donald Lewis died from what his family is alleging was police brutality. The West Palm Beach Police officers accused of suing excessive force were never criminally charged over the incident, which was captured on video.

Lewis’s family took matters in their own hands and sued West Palm Beach for Florida wrongful death in 2006. The US District Court threw out the case, which then was rejected by the 11th Circuit Court of Appeals.

Lewis’s family, however, refuses to give up and is vowing to take the case to the US Supreme Court if necessary. To the family, the video footage displays volumes about what they believe happened that night.

Police reports indicate that in 2005, Officer Raymond Shaw, accompanied by a “COPS” TV film crew, responded to a call at Lewis’ residence. Lewis, who was on drugs, told the police officer that someone was attempting to murder him.

Police tried to restrain Lewis as he struggled. After several minutes of being held down, Lewis stopped breathing. Police tried to revive him with CPR but he was dead by the time he arrived at the hospital.

While an investigation found that the police officers did not use excessive force and that drug use contributed to Lewis’ death, his family disagrees.

The COPS raw footage shows five officers using chokeholds, handcuffs, leg restraints, and a hobble cord to restrain Lewis. A sergeant is heard asking the other cops if they had reached the “state of unconscioiusness.” This video never aired on the TV show.

One prominent medical expert, Dr. Michael Baden, says he believes Lewis died from asphyxia caused by neck compression while police restrained him. He is calling the death a homicide.

Florida Wrongful Death
Police brutality can lead to injuries and death. While it is up to prosecutors to decide whether to criminally charge a cop for using excessive force, you can decide whether to sue for West Palm Beach personal injury or wrongful death.

Examples of Police Brutality:

• Physical violence
• Sexual assault
• Verbal abuse
• Emotional abuse
• Unlawful arrests
• Using force to restrain a suspect
• Intimidation
• Making threats
• Torture

Family refuses to drop wrongful death case, WPTV, October 16, 2009

Mom Sues Police After Son Dies While Taken Into Custody, WPBF, December 18, 2006

Related Web Resources:
West Palm Beach Police

PoliceCrimes.org