February 16, 2010

Drunk Driving May Have Been a Factor in Fatal Palm Beach County Car Accident Involving International Polo Club Owner and University of Central Florida Graduate

Police are trying to determine whether alcohol played a factor in the deadly Wellington, Florida car crash that claimed the life of University of Central Florida graduate Scott Patrick. The 23-year-old died on Friday when his Hyundai was struck by a Bentley convertible driven by International Polo Club Palm Beach owner John B. Goodman.

Goodman is accused of running a stop sign and crashing into Patrick’s car at 120th Avenue South and Lake Worth Road. The Palm Beach motor vehicle collision caused Scott’s vehicle to fall into a canal where it landed upside down. He died at the South Florida auto accident site. Goodman, 46, was treated at a hospital and then released.

Wilson’s parents are wondering why Goodman, the son of an air-conditioning magnate, hasn’t yet been charged with even just one traffic violation over the deadly Wellington, Florida motor vehicle collision. They also want to know whether more could have been done to save their son’s life.

According to the Houston Press, on the night of the Palm Beach County, Florida car wreck, the multimillionaire had dined at a tavern where the YMCA Polo Bartender's Challenge was taking place. He also spent time at the Player’s Club until about 10 minute before the crash.

Authorities are waiting for toxicology results before reaching any conclusions.

Palm Beach Car Accident
Even if police decide not to press charges against the driver you believe caused your Palm Beach car accident, you may be able to pursue recovery in civil court. Drunk driving, distracted driving, speeding, failure to obey traffic signs, and other careless driving activities can be grounds for suing a motorist for Palm Beach personal injury. While Florida PIP (Personal Injury Protection) provides some compensation for injuries sustained during a car wreck, sometimes the extent of injuries, damages, and losses go beyond what your insurance covers. Obtaining Florida injury compensation can help cover medical expenses, lost wages, rehabilitation expenses, funeral costs, and burial or cremation bills. It also allows you to be compensated for your pain and suffering and other damages.

Questions surrounding Wellington fatal car accident, WPTV, February 15, 2010

John Goodman, Bazillionaire Polo Patron, Awaits Possible Charges In Fatal Palm Beach Bentley Wreck, Houston Press, February 16, 2010

International Polo Club founder hurt, UCF grad killed in Wellington car crash, Sun-Sentinel, February 13, 2010


Related Web Resources:
Car Accidents and Negligence: When You Are Liable for Another Person's Driving, Nolo

DMV Florida

Florida Highway Safety and Motor Vehicle Department

Continue reading "Drunk Driving May Have Been a Factor in Fatal Palm Beach County Car Accident Involving International Polo Club Owner and University of Central Florida Graduate" »

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January 26, 2010

14-Year-Old Oakland Park Girl Dies in Boynton Beach Car Crash Involving Broward County Sheriff’s Office Patrol Vehicle

Friends and relatives of 14-year-old Cara Catlin are mourning her death. The Oakland Park girl died on Saturday night when she was thrown from a Honda Civic and landed under a stopped pickup truck during a collision with a Broward County Sheriff’s Office Patrol Car in Boynton Beach. 21-year-old Heather Meyer, who is Catlin’s stepsister, was driving the Honda. She and passenger Gabriel Alegria, 15, were also injured during the Palm Beach County car accident. Broward County police officer Frank McCurrie sustained minor injuries.

The deadly Boynton Beach car accident occurred at the intersection of Dixie Highway and Northeast 56th street as Meyer attempted to turn left on a green light and was struck by McCurrie’s police car. The police officer did not have his lights activated or his sirens on at the time, but witnesses say he was speeding. The impact of the collision was strong enough that the back of the Honda separated from the body of the vehicle, landing several feet away.

Police are investigating the cause of the Boynton Beach motor vehicle crash. In the meantime, McCurrie has been placed on desk duty.

Palm Beach County, Florida Car Accidents
Police officers are supposed to exercise caution on the roads even when they are heading to an emergency scene or in the middle of a police pursuit. If you believe that your South Florida car crash happened because a police officer was speeding, failed to activate his emergency lights, or was negligent in another way, you may have grounds for pursuing a Palm Beach injury or wrongful death case against the officer and his/her department.

That said, all motorists are supposed to drive carefully, pay attention, obey the traffic laws, and adjust their driving to accommodate the driving conditions and traffic at any given time. Drunk driving, speeding, texting while driving, using a cell phone while operating a vehicle, driving under the influence of drugs, drowsy driving, distracted driving, failure to obey traffic signs, or failure to yield the right away are careless acts that can cause injury or death during a Florida motor vehicle crash.


Teen dies in crash with Broward patrol car, Miami Herald, January 24, 2010

Family mourns girl killed in crash with Broward deputy, Sun-Sentinel, January 26, 2010


Related Web Resources:
Broward Sheriff's Office

Florida DMV

Car Accidents and Negligence, Nolo

Continue reading "14-Year-Old Oakland Park Girl Dies in Boynton Beach Car Crash Involving Broward County Sheriff’s Office Patrol Vehicle" »

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November 10, 2009

Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death

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

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October 7, 2009

Pompano Beach Family File Palm Beach Injury Lawsuit After 9-Year-Old Loses 10 Fingers and Sustains Burn Injuries During Go-Kart Accident

The family of 9-year-old Devin Olmstead is suing the Palm Beach International Raceway, the tracks investors, go-kart maker Carter Brothers, and go-kart engine manufacturer Briggs & Stratton for Palm Beach personal injury. The Florida injuries to minor complaint comes more than four months after Olmstead was seriously injured in a go-kart accident at the raceway on May 25.

Olmstead was at the raceway celebrating his ninth birthday. According to the family’s Palm Beach injury lawsuit, Olmstead sustained critical injuries when the go-kart he was riding flipped and burst into flames. The 9-year-old has serious burn injuries from his torso to his chin. He also lost all 10 fingers.

The family’s Florida injuries to minors complaint says that the go-kart flipped over because the portion of the raceway was unevenly paved. The family’s Palm Beach injury lawyer says there were no race track employees nearby to help and someone in the stands had to rush over to rescue the boy.

The family is accusing the raceway of not properly maintaining the track surfaces, inadequate supervision, failure to keep fire extinguishers nearby, and not having phones in the vicinity in the event of an emergency. The plaintiffs are suing Carter Brothers and Briggs & Stratton for products liability. The injury lawsuit contends that the go-kart leaks fuel when turned upside down. The US Consumer Product Safety Administration has been examining the go-kart’s design.

Go-kart accidents are motor vehicle accidents that can result in serious injuries for the victims, who are not as protected as they might be within the confines of regular motor vehicles that come with built-in safety features. If your loved one was injured in a Florida motor vehicle accident involving a defective go-kart or because of negligence on the raceway company’s part, you may have grounds for filing a personal injury lawsuit.

In 1999, a jury awarded $1 billion to a woman who sustained serious burn injuries when her go-kart flipped over and burst into flames while on the raceway at Johnson's Park Go-Kart track in Pensacola. Jennifer Cowart was trapped in the burning vehicle until her seat belt burned through and she fell out of the Go-Kart. She had burn injuries on 93% of her body. She died 10 months after undergoing treatment for her injuries in 1993.

Family sues raceway over son's go-kart crash, Sun-Sentinel, October 5, 2009

Boy critically injured after go-kart crash, WPTV, May 26, 2009

Related Web Resources:
Palm Beach International Raceway

Go-Kart operating tips

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October 2, 2009

A Few Seconds of Distracted Driving Can Cause Devastation, Says US Transportation Secretary Ray LaHood

This week, lawmakers, safety experts, law enforcement officials, and members of the public turned the spotlight on distracted driving. More than 250 people attended the US Department of Transportation’s Distracted Driving Summit, which focused on the dangers of multitasking while driving. Cell phone use and texting while driving, now the main means that many people communicate, were among the primary distracted driving habits that were discussed.

Statistics from 2008, provided by the National Highway Traffic Safety Administration, reported close to 6,000 distracted driving deaths and more than half a million injuries. During any day last year, over 800,000 drivers used a handheld cellular phone while behind the wheel.

On Wednesday evening, President Obama signed an executive order banning federal workers from texting when they are riding a government-owned motor vehicle or while driving while on the job. Yesterday, the Obama Administration announced that it will press US states to pass distracted driving laws. The government also says that it is working on banning interstate bus drivers and truck drivers from text messaging while driving.

According to Virginia Tech researches, reaching for an electronic device or dialing a phone increases any driver’s crash risk by 6 times. Truckers who text increase their truck accident risk by 23 times. Car and Driver magazine says texting while driving is even more dangerous than driving under the influence of alcohol.

There are no laws in Florida banning people from texting or that restricts cell phone use while driving. This means that Florida motorists are free to engage in both activities without fear of any legal repercussions—but that doesn’t mean that there are no tragic consequences that can ensue.

As US Transportation State Ray LaHood reminded summit attendees, it only takes a few seconds for a catastrophic car accident to happen. It takes many distracted drivers even longer to dial a cell phone, read text messages, fiddle with an iPod, surf the web, paint their nails, or read a magazine.

Distracted drivers can be held liable for Florida personal injury or wrongful death.

Texting while driving banned for federal workers, Los Angeles Times, October 2, 2009

Govt: Nearly 6,000 deaths from driver distraction, AP, September 30, 2009

Related Web Resources:
Distracted Driving Summit, US Department of Transportation

National Safety Council

Continue reading "A Few Seconds of Distracted Driving Can Cause Devastation, Says US Transportation Secretary Ray LaHood" »

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September 3, 2009

During Florida’s Drunk Driving Crackdown, Police Vow to Arrest Anyone Discovered Driving while Impaired

Through the end of Labor Day weekend on September 7, police in Florida are taking aggressive measures to search for and arrest anyone found driving while impaired. The crackdown is part of a nationwide campaign called “Drunk Driving. Over the Limit. Under Arrest. People that are caught speeding or riding in a vehicle without using a seatbelt will also be apprehended.

In Florida, Labor Day weekend is considered one of the deadliest periods of the year for drivers. Last year, 36 people died in Florida traffic accidents during this long weekend and alcohol was a factor in 12 of those fatalities.

Also in 2008, there were over 22,000 alcohol-related Florida car accidents resulting in over 1,100 traffic deaths and over 15,700 injuries. The Florida county with the largest number of auto crashes involving alcohol was Miami-Dade County with 1,898 traffic accidents and 85 motor vehicle deaths involving alcohol.

Sobriety checkpoints have been set up in different locations throughout Florida and saturation patrols will be out in force.

Drunk driving continues to be one of the more common causes of South Florida traffic accidents and the rest of the United States. It doesn’t help that binge drinking continues to be a habit “on the rise” and not just among younger people.

A new study found in the American Journal of Psychiatry is reporting that in the 50-64 year-old age group, nearly 1 in 10 women and 1 in 4 men are “binge” drinkers. Binge drinking is a habit that makes a motorist more prone to cause a drunk driving accident if he or she decides to get behind the wheel of a motor vehicle while intoxicated.

The number of women arrested in the US for drunk driving has also increased. Nationally, about 2,000 traffic deaths a year involve a female drunk driver. 162,493 women were arrested for DUI in 2007, compared to the 126,000 female DUI drivers in 1998.

Drunk driving accidents often result in catastrophic injuries and deaths. A person injured in a South Florida car accident in Miami, Hollywood, Naples, Palm Beach, or Ft. Lauderdale because another driver was intoxicated may have grounds for filing a personal injury lawsuit.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving. Releases New Report Highlighting Increasing Number of Impaired Female Drivers, NHTSA, August 19, 2009

Binge drinking: It's not just for kids anymore, Los Angeles Times, August 17, 2009

Florida Law Enforcement to Launch Statewide Crackdown on Impaired and Unsafe Driving, Chipley Paper, August 21, 2009

Related Web Resources:
Florida DUI and Administrative Suspension Laws, Florida Department of Highway Safety and Motor Vehicles

2007 Drunk Driving Statistics, Alcohol Alert

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August 11, 2009

Florida Wrongful Death Lawsuit Will Likely Be Filed Over Car-Tractor Crash that Killed Three Teenagers in a Martin County Construction Zone

The parents of one of the teenagers killed when the Jeep Grand Cherokee they were riding struck a John Deere loader in a construction zone say they plan to sue the contractor who was doing road work that evening for their son’s Florida wrongful death. 16-year-old Connor Graver was one of the three victims killed in the deadly Martin County, Florida car crash, which occurred at around 2am on August 4.

The other two victims are 18-year-olds Nicholas Coady, who was driving the sport utility vehicle, and Christopher Briglio. The front-end loader driver did not sustain any injuries from the car-tractor crash, which occurred on Cove Road close to Stuart.

The Florida wrongful death lawyer who is representing Graver’s parents say that that the contractor should have closed the lane where construction work was taking place, as well as placed a flagman or flashing lights in the area to let motorists know that it was important they slow down and exercise caution.

Construction Zone Deaths
While the number of construction deaths went down by 17% in 2007 compared to 2006, there were still 835 highway construction zone deaths that occurred in 2007—that’s 2.3 fatalities/day. Four out of every five construction zone deaths are motorists.

The government entity, construction company, or contractor involved in a construction zone project must make sure that the zone is marked and easily visible so that drivers know that because construction work is taking place they need to slow down and possibly maneuver around the job site. Setting up orange cones, signs indicating reduced speed limits, or other warning signs and/or appointing a worker to redirect traffic are just a few ways to decrease the chances of a Florida car accident happening in a construction zone. Construction workers, truck drivers, and others employed to work at the site should also exercise caution so they don’t accidentally cause a motor vehicle crash.

Although there are construction zone accidents that do occur because a driver failed to heed the safety barriers and warning signs, work zone accidents can also occur because the construction company or one of its workers was negligent or reckless. In these types of instances, it may be necessary to file a Florida wrongful death complaint or a personal injury lawsuit if someone got hurt or died as a result.

Families, friends mourn three teenagers killed in Stuart accident, TC Palm, August 7, 2009

Lawsuit Anticipated in Deadly Crash, CBS 12, August 7, 2009

Related Web Resources:
Driver Education: Construction Zone Safety, National Safety Commission, July 10, 2009

Florida Department of Transportation

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July 22, 2009

Shaquille O’Neal’s Wife Injured in Florida Rear-End Accident

Shaunie O’Neal, the wife of former Orlando Magic and Miami Heat basketball star Shaquille O’Neal, was transported to Dr. P. Phillips Hospital after she was involved in a Florida rear-end crash. Shaunie, Ricardo Santos, the driver of the car she was riding in, and 20-year-old Ashley Johnson all sustained minor injuries. The driver that caused the Florida car accident, 18-year-old David Wasserman, received a ticket for careless driving.

While O’Neal, 34, does not appear to be seriously injured, there are many other Florida car accident victims who have not been as fortunate. According to the National Highway Traffic Safety Administration, for 2008 there were:

• 2,878 Florida traffic deaths—a definite decline from the 3,213 traffic fatalities in 2007. This is the first time since 2000 that less than 3,000 people died on Florida roadways during the year.
• 1,727 passenger vehicle occupant deaths
• 875 Florida drunk driver deaths
• 553 speed-related Florida traffic deaths
• 556 Florida motorcycle fatalities
• 490 Florida pedestrian deaths

The Florida Department of Highway Safety and Motor Vehicles Executive Director Theodorides-Bustle noted that this is the third year in a row that the number of traffic deaths in the state has gone down. She cited increased vehicle safety, not as many vehicles on the road, the economy, and the implementation of more aggressive safety measures as some of the causes for the decline.

Yet, there are still many catastrophic Florida traffic accidents occurring in Ft. Lauderdale, Miami, Palm Beach, and other cities throughout the state that could have been avoided if it weren’t for negligent, inexperienced, or distracted drivers, poor road conditions, and defective autos.

Just last night, six people got hurt in a Miami-Dade County SUV rollover accident. Three of the victims, a 10-year-old girl and two adults, sustained injuries critical enough that they had to be airlifted to a hospital.

On July 11, a man died in a Royal Palm Beach car crash when a hit-and-run driver that ran a red light struck his van. The man accused of causing the fatal South Florida car crash, Tracy Klinedinst, was later apprehended.

Shaquille O'Neal's wife in Orlando car crash, Sun-Sentinel, July 22, 2009

Shaq's Wife Banged Up in Car Accident, TMZ, July 22, 2009

Six hurt in Homestead rollover crash, Sun-Sentinel.com, July 22, 2009

Man Arrested In Fatal Royal Palm Beach Collision, WPBF.com, July 13, 2009

Traffic Crashes Decrease In 2008, News4Jax.com, July 6, 2009


Related Web Resources:
State Traffic Safety Information for 2008, NHTSA

Florida Department of Highway Safety and Motor Vehicles

Continue reading "Shaquille O’Neal’s Wife Injured in Florida Rear-End Accident" »

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July 1, 2009

Florida Police in Broward County, Palm Beach County, & Miami-Date County Take Part in "Staying Alive on 95 & Florida Roadways" Blitz Promoting New Seat Belt Law

For 48-hours, police in Florida are taking part in an aggressive campaign to promote seat belt use. Until Thursday night, over 300 police officers from Miami-Dade County, Broward County, and Palm Beach County will look to apprehend any driver for not wearing a seat belt and consider this a primary offense. No other infractions are required in order for the driver to get written up.

Palm Beach County’s seat belt violation fine is $101, Miami Dade County’s fine is $114, and Broward County’s fine is $115. The state and counties also impose additional fees.

The 2-day seat belt campaign, called "Staying Alive on 95 & Florida Roadways,” kicked off on Tuesday when the Dori Slosberg and Katie Marchetti Safety Belt Law went into effect. The law, named after two teens that were not wearing seat belts when they were killed in Florida car crashes, lets police pull motorists over just because they aren’t wearing seat belts.

The Florida Highway Patrol says the new law is expected to prevent 6,200 serious auto accident injuries and save 262 lives. The National Highway Traffic Safety Administration reports that Florida motorists had a 79% safety belt compliance rating for 2007.

Nationally, in 2008, the NHTSA reported seat belt use at 83%—an increase from 2007 when 82% of US motorists wore seat belts. In May, the US Department of Transportation reported that if seat belt use in every US state was at 90%, 22,372 serious injuries and 1,652 deaths could be prevented every year.

Florida Car Accident Lawsuits
Regardless of whether or not you were using a seat belt, you could be entitled to receive Florida car accident compensation if your injuries occurred because another motorist or another party was negligent. If you were injured in a motor vehicle crash in Miami-Dade County, Broward County, or Palm Beach County because the seat belt you were using was defective or malfunctioned, you may be able to file a Florida products liability claim against the vehicle maker or the seat belt manufacturer.

Examples of sea belt defects that may be grounds for a defective seat belt lawsuit:

• Inertial unlatching
• Defective webbing
• Too much seat belt slack
• Seat belt retractor defects
• Seat belt failure
• Poor seat belt design or placement
• Seat belt system failure

Law enforcement plans 48-hour seat belt blitz, Sun-Sentinel.com, June 30, 2009

'Stay Alive on 95' Program Kicks Off Before Holiday Weekend, WOKV.com, June 30, 2009

New Study: Higher Seat Belt Use Could Save Many Lives, NHTSA, May 14, 2009

Related Web Resources:
The Dori Slosberg Foundation

Florida Highway Patrol

Continue reading "Florida Police in Broward County, Palm Beach County, & Miami-Date County Take Part in "Staying Alive on 95 & Florida Roadways" Blitz Promoting New Seat Belt Law" »

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June 9, 2009

Cause of Some South Florida Car Accidents: 26% of Mobile Phone Users Say They Text While Driving, Per Survey

A new survey commissioned by Vlingo, a mobile application vendor, reports that 26% of cell phone users admit to text messaging while driving. While several US states have laws banning the habit completely and a number of other states have imposed a partial ban on driving while texting, Florida does not have any laws restricting talking texting while operating a motor vehicle. However, Florida Representative Doug Holder is proposing a bill that would ban texting while driving. Texting is fast becoming a cause of many US motor vehicle crashes.

4,816 people took the survey. Results show that nearly 60% of teens and 49% of adults in their 20’s say they text while driving. 13% of older adults—drivers in their 50’s—say also practice this dangerous habit.

The American Medical Association calls texting while driving a “public health risk." Not only does text messaging reportedly increase the time a motorist spends not focusing on the road by 400%, but in many cases, a driver that responds to or downloads a text message may have to take one if not both hands off the steering wheel, as well as both eyes off the road—increasing the chances of becoming involved in or causing a deadly Florida car crash.

The National Safety Council wants all US states and the District of Columbia to impose a total ban on texting and talking on a cell phone while driving. The Harvard Center of Risk Analysis estimates that 636,000 auto crash, 2,600 fatalities, 330,000 injuries—12,000 of them catastrophic ones—can be attributed to use of the cell phone while driving. These figures rank cell phone talking and texting up there with the kinds of behavior that are considered common forms of distracted driving. Florida also currently does not have any laws restricting or banning the habit of talking on a cell phone while driving.

Distracted driving is a leading cause of South Florida motor vehicle accidents. It is a form of negligent driving that can be grounds for a personal injury lawsuit if you or someone you love was seriously injured because a motorist was texting, talking on a cell phone, reading, doing their nails, putting on makeup, eating, or otherwise distracted while operating a vehicle.

Survey: 26 percent admit to texting while driving, CNET News, May 20, 2009

New Florida Bill Aims to Ban Texting While Driving, The National Safety Commission, February 18, 2009

Related Web Resources:
Cell Phone Driving Laws, Governors Highway Safety Association

National Safety Council Calls for Nationwide Ban on Cell Phone Use, National Safety Council, January 12, 2009


Continue reading "Cause of Some South Florida Car Accidents: 26% of Mobile Phone Users Say They Text While Driving, Per Survey" »

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May 1, 2009

Florida Wrongful Death Lawsuit Sues ATV Victim’s Father for Letting His Son Drive Drunk

In Florida, the estate of a man who died while operating an all-terrain vehicle is suing the decedent’s father for wrongful death. David Jason Irby died on April 21, 2007 after he crashed an ATV into a Chevron sign.

The Florida wrongful death lawsuit accuses the 28-year-old’s father, David Wayne Irby, of negligence for allegedly allowing his son to operate the ATV even though he knew his son had been drinking. The older Irby had been hosting the party where his son drank. The complaint was filed by the decedent’s mother, Bonnie McCabe, on behalf of her son’s estate.

McCabe’s Florida wrongful death lawyers say that McCabe wants any money received from the lawsuit to go toward her son’s children, Chase, now 5, and Gavin, who was born after his father’s death. They contend that David Jason Irby’s blood alcohol limit was about three times above the legal limit of .08% when he got behind the wheel of the ATV and that allowing him to operate the all-terrain vehicle was like letting him get behind the wheel of a regular motor vehicle while drunk. The estate also plans to sue the ATV owner for Irby’s wrongful death.

In Florida, a person or business can be held liable for serving alcohol to a driver who is visibly drunk and/or for allowing him to get behind the wheel of a motor vehicle. Even if the drunk motorist doesn’t sustain injuries as a result being involved in a drunk driving accident, other parties who are injured as a result of the drunk driver’s negligent behavior can file a personal injury claim or wrongful death lawsuit against the social host responsible for serving the alcohol.

Steps people who are serving alcohol can take to make sure that people don’t drive drunk:

• Make sure you stay sober so you can keep an eye on how much alcohol your guests are consuming.
• Don’t let people who have had too much to drink get in the driver’s seats of their cars.
• Assign designated drivers or call cabs.
• Stop serving people alcohol when you can see that they are clearly intoxicated.

Wrongful death suit filed against father of Indiantown ATV accident victim, TCPalm, April 17, 2009

The trouble with drunk friends, Insure.com, February 13, 2009


Related Web Resources:
NHTSA

ATV Dangers, CBS42, December 26, 2008


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February 9, 2009

Three Children Killed in Miami Drunk Driving Car Accident are Remembered During Triple Funeral

In South Florida hundreds of people came out to mourn three young children who were killed in a deadly Miami accident late last month. The Serrano children, 10-year-old Hector, 7-year-old Esmerelda, and 4-year-old Amber, died from injuries they sustained when an SUV struck their family minivan from the back. Their father, Hector, who was driving the vehicle they were riding in, was stopped at a red light when the Florida car accident happened. He survived the auto accident with a broken arm.

Tests later showed that the SUV’s driver, Gabriel Delrisco, was driving under the influence of alcohol. His blood alcohol level was .239, which is nearly triple the Florida legal limit of .08%. He has been charged with three counts of DUI manslaughter.

Delrisco reportedly has an extensive record of traffic violations, including a 2001 DUI conviction and at least 26 infractions. He has also failed to appear in court multiple times. Last week, a Miam-Dade Circuit Court judge denied bail for Delrisco. Judge Rosa Rodrigueza found that Delrisco was a danger to society and himself.

The Serrano family’s Florida personal injury lawyer says that Hector and Mirian Serrano are trying to find out who served Delrisco so much alcohol in case they decide to sue for wrongful death.

Drunk driving is reckless behavior that can destroy the lives of victims and their families. From the National Highway Traffic Safety Administration’s 2007 Alcohol-Impaired Driving Fact Sheet:

• 12,988 died in drunk driving accidents.
• 3,214 of those alcohol impaired-related deaths occurred in Florida.
• 245 of these victims were children younger than 15.
• 130 of these kids were riding in a vehicle with a drunk driver.

If you or someone you love was injured in a Miami traffic accident because another motorist was reckless or careless, not only are you entitled to Personal Injury Protection coverage but you may also have grounds to file a Florida personal injury or wrongful death claim for financial recovery.

Three children die in Miami SUV crash, Florida Today, February 9, 2009

Hundreds attend triple funeral for Serrano children, Miami-Dade, January 31, 2009

Bail Denied For Driver Charged In Death Of 3 Kids, CBS4, February 5, 2009

Alcohol-Impaired Driving Traffic Safety Fact Sheet, NHTSA


Related Web Resource:
Florida DUI and Administrative Suspensions, Florida Department of Highway Safety and Motor Vehicles

Continue reading "Three Children Killed in Miami Drunk Driving Car Accident are Remembered During Triple Funeral" »

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January 19, 2009

Family of Palm Beach Pedestrian Killed in Motor Vehicle Accident Files Florida Wrongful Death Lawsuit

The family of a 79-year-old man who was hit by a motor vehicle in front of a Palm Beach restaurant is suing the driver for wrongful death. Joseph Schaefer was leaving Charley’s Crab on South Ocean Boulevard last October when he was hit by a rental car driven by Oscar Maril. The Florida wrongful death lawsuit accuses the 66-year-old driver of negligence resulting in the pedestrian death, as well as speeding. Florida police cited Maril for careless driving. Also named as a defendant in the wrongful death complaint is rental company Hertz Corp.

NHTSA 2007 Traffic Safety Facts for People Older than 64:
• 196,000 older people sustained injuries in US traffic accidents in 2007 (8% of the total number of auto accident injuries that occurred).
• 60% of the older pedestrians who died were killed in traffic accidents at non-intersections.
• In deadly two-vehicle collisions involving a younger driver and an older motorist, the vehicle carrying the older driver was almost two times as likely to be in the car that was struck.
• 5,880 older motorists were involved in deadly crashes last year.
• 182 older pedestrians died in 2007.
• 503 of the 4,551 people that died in Florida traffic crashes last year were older than 64.

With millions of retirees living in Florida, state officials have taken steps to address the issues that can arise when there are so many elderly pedestrians and motorists on Florida’s roads. However, physical limitations do accompany growing older, which can affect an elderly person's ability to stay safe while driving or walking. Examples include:

• Vision problems
• Decrease in cognitive functions
• Slower reflexes
• Impairment from prescription medication

Senior pedestrians must also exercise extra caution. In addition to the issues mentioned above, elderly persons may also be more prone to suffering serious injuries during fall accidents.

Family of pedestrian killed on South Ocean Boulevard sues driver, Palm Beach Daily, January 14, 2009

Older Population Traffic Safety Fact Sheet, NHTSA


Related Web Resource:

Older Adult Drivers: Fact Sheet, CDC

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January 7, 2009

6-Month-Old Baby Dies in Florida Auto Crash with Red-Light Runner

A 6-month-old baby is dead following a Florida motor vehicle crash with a red-light runner. Jayla Lee’s mother, 34-year-old Nicole Pounds, who had to undergo aortic surgery for injuries she sustained in the crash, was placed under sedation after the crash and by Tuesday still did not know her baby had been killed.

Nicole’s 1999 four-door Chevrolet was struck by a pickup truck on Sunday, as she was turning from Scenic Highway onto US 27. Nicole sustained damage to her liver and spleen, a torn aorta, and other internal injuries that has had her fighting for her life. She also broke her shoulder during the auto crash.

Also seriously injured were Nicole’s son 7-year-old Isaiah Wiggins, 53-year-old Harriet McClennon, and 10-month-old Passion McClennon, who were riding in the Nicole’s car. All three of them were released from Florida hospitals, although Isaiah was readmitted after he started throwing up.

According to the Florida Highway Patrol, pickup truck driver Mitchell Andrew Hilkemeyer ran a red light, causing his truck to hit the driver’s side of Nicole’s car. The impact of the collision sent both cars into the center median. Hilkemeyer, 34, was not injured in the traffic crash.

According to the National Campaign to Stop Red Light Running, in 2006:
• 887 people died in red light running accidents
• 144,000 others were injured

SmartMotorist.com says that from 1992 – 1998:
• 6,000 people died in red light running accidents
• Some 1,500,000 others were injured

Red light running accidents can cause serious injuries and lead to fatalities, destroying the lives of the victims and surviving family members. Florida’s Personal Injury Protection coverage may not be enough to cover all costs incurred from a catastrophic red light running accident.

Red-Light Runner Blamed In Baby's Death, MSNBC, January 4, 2009

FHP: Driver Remains In Critical Condition After Sunday Crash, TBO, January 7, 2009

Red-Light Cameras Increase Accidents, USF Study Says, Tampa Bay Online, March 12, 2008


Related Web Resource:

Florida Department of Highway Safety and Motor Vehicles

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December 23, 2008

Broward County Jury Awards Family of North Miami Beach Police Officer Killed in Auto Crash $8.07 Million for His Wrongful Death

In Broward County, a Florida jury awarded Yvette Lorenzo and her three daughters $8.07 million for the wrongful death of Orestes Lorenzo. The deadly accident occurred on July 2, 2004.

The North Miami Beach police officer was driving his vehicle on Pines Boulevard in Pembroke Pines when he swerved his vehicle to avoid striking a Honda Civic, driven by Natasha Russo. The 18-year-old failed to halt at a stop sign.

Lorenzo’s motor vehicle then went into a drainage curb, which caused his car to trip and smash against a big royal palm tree. He was ejected from his vehicle and died several days later.

Lorenzo’s family sued the Florida Department of Transportation, Natasha Russo, and William Russo for his wrongful death. The family’s complaint claims that Natasha’s negligent actions while driving her father’s vehicle caused Lorenzo’s wrongful death. It also accused the FDOT of negligence and violating its own regulations by placing big palm trees and a drainage curb on a road that had a 50pmh speed limit.

The Broward County jury estimated that Lorenzo’s family sustained $11.5 million from the crash. After determining that Lorenzo, as well as the FDOT and Russo, was also liable for causing the Florida car accident, the jury awarded Lorenzo’s family 70% of the damages, placing 30% of liability with the police officer. Natasha was held 55% responsible for causing the deadly auto accident.

Failing to Obey Stop Signs
Running red lights and failing to halt at a stop sign are two common causes of traffic accidents. Stop signs are there to help drivers and pedestrians determine whose turn it is to move forward through an intersection. Unfortunately, not all motorists remember to stop at these signs, which can lead to serious injury accidents and deaths—especially for motorists, pedestrians, and pedalcyclists who may have expected the driver to yield the right of way.

Family of North Miami Beach police officer killed in crash is awarded $8 million, Palm Beach Post, December 10, 2008

Jury Awards $11.5 Million in Tragic Car Accident, MarketWatch.com, December 10, 2008


Related Web Resource:

Wrongful Death Overview, Justia

Florid Department of Transportation

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December 15, 2008

Five Boynton Beach Children Injured in Florida Car Crash on I-95

The Florida Highway Police say that five children sustained critical injuries early Saturday, during a two-vehicle auto collision on Interstate 95 close to Hobe Sound. As of Sunday, Syntyche Jacques, 7, was in “very grave condition,” while the four other children, Luke Jacques, 9, Carlo Jacques, 10, Ricky Jacques, 9, and Mose Jacques, 4, were in stable condition after undergoing surgeries at St. Mary’s Medical Center in West Palm Beach.

The Florida motor vehicle crash occurred at around 4:30am on Saturday when the Honda Accord the kids were riding in spun out of control and collided with a Dodge truck, driven by Port St. Lucie resident Jaime Alfred Jaramillo. The 41-year-old driver, who left the accident scene, was later apprehended by police and is now being held without bail in Martin County Jail.

Jaramillo claims he fell asleep at the wheel. His vehicle had swerved into a construction zone before getting back onto the street. Police are waiting for toxicology results, but they say alcohol does not appear to have been a factor in the two-vehicle crash. Also injured in the South Florida car accident were the Honda’s driver, Igline Henry, and passenger Rose Henry.

According to the National Highway Traffic Safety Administration:

• Auto crashes are the number one cause of death for kids, ages 8 to 14 and 3 to 6.
• Each day in the US last year, about 5 kids, age 14 and under, died and 548 others were injured in traffic accidents.
• 1,670 kids, age 14 and under, died in motor vehicle collisions last year.
• 245 of those fatalities involved a drunk driver.
• 29 of the kids, age 14 and under, who died in drunk driver-related motor vehicle crashes last year, were pedalcyclists or pedestrians.

Personal Injury Protection only provides so much coverage for injuries sustained by Florida car crash victims.

Five children were in car that collided with truck on I-95 on Saturday, Sun-Sentinel.com, December 15, 2008

Port St. Lucie driver says he fell asleep at the wheel before crash injured 7, TC Palm.com, December 15, 2008


Related Web Resources:

National Highway Traffic Safety Administration

Florida's Motor Vehicle No-Fault Law

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August 19, 2008

NHTSA Says Number of Traffic Deaths Declined in 2007

US Transportation Secretary Mary E. Peters says that there were 41,059 motor vehicle-related deaths in 2007—the lowest number of traffic fatalities/per year since 1992—and that 2.49 million people sustained injuries in highway accidents. The number of motor vehicle-related deaths in 2006 was 42,708 with 2.58 million reported injuries.

Peters attributed the decline in overall deaths to safer vehicles, aggressive law enforcement measures, and the federal government’s own efforts to prevent auto accidents. While the total number of traffic fatalities dropped, Peters noted an increase in motorcycle fatalities from 4,837 in 2006 to 5,154 deaths in 2007, accounting for 13% of all traffic fatalities last year. The number of injured motorcycle victims also increased from 88,000 to 103,000.

Other 2007 Traffic Statistics:

• Traffic deaths involving passenger vehicles dropped from 30,686 in 2006 to 28,933 in 2007.

• The number of pedestrian deaths decreased from 4,795 in 2006 to 4,654 in 2007, while the number of pedestrian injury victims increased from 61,000 to 70,000.

• Bicyclist deaths dropped from 772 deaths in 2006 to 698 deaths in 2007, with injuries to pedalcyclists dropping from 44,000 to 43,000 victims.

• The total number of large truck accident-related deaths dropped from 5,027 deaths in 2006 to 4,808 truck accident fatalities in 2007.

• The NHTSA reports that there were 3,214 motor vehicle deaths in Florida in 2007, which is a slight decrease from the 3,357 traffic deaths that occurred in 2006.

The data is part of the 2007 Annual Assessment of Motor Vehicle Traffic Crashes and People Injured compiled by the National Highway Traffic Safety Administration.

Our South Florida motor vehicle crash lawyers would like to discuss your case during a free consultation.

U.S. Secretary of Transportation Mary Peters Announces Historic Drop in Highway Fatalities and Rate, Dot.gov

Read the Summary of the NHTSA 2007 Report (PDF)


Related Web Resources:

Florida Department of Transportation

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August 13, 2008

City of Fort Lauderdale Considers Catching Red-Light Runners on Camera

In Broward County, Florida, the city of Fort Lauderdale is considering installing red-light cameras on its busiest roads. The devices would be used to catch anyone running a red light, and a fine would be imposed on the car’s owner.

Some 28 auto crashes occur on Ft. Lauderdale roads daily, totaling to about 10,000 motor vehicle collisions a year. Motorists that failed to stop at red lights caused many of these accidents. In 2007, there were 3,201 red-light running motor vehicle-related collisions in Ft. Lauderdale resulting in 23 deaths.

Several other communities in Florida have installed or are considering installing red-light cameras. In Apopka and Gulf Breeze, officials are reporting a decrease in red-light runners and accidents involving drivers that have run a red light since the cameras were installed on some of their roads. Other cities in the United States are reporting similar successes, although the number of rear-end collisions has been known to increase when these cameras are present—especially when drivers follow too closely behind the vehicle in front of them or are driving too fast in an attempt to beat a yellow light.

The South Florida Sun-Sentinel.com has published a list of busy Ft. Lauderdale intersections where installing a red light could decrease the number of injury accidents. The site also lists the number of accidents that have occurred at these intersections over the past four years.

Federal Highway and Oakland Park Boulevard: There have been almost 300 motor vehicle collisions.

Commercial Boulevard and Federal Highway: Almost 295 auto accidents.

Northwest Ninth Avenue and Commercial Boulevard: 264 auto collisions.

Northwest 9th Avenue and Northwest 19th Street: 214 auto accidents.

Federal Highway and Broward Boulevard: 196 motor vehicle collisions.

Northeast 4th Avenue and Sunrise Boulevard: 128 auto accidents.

In Ft. Lauderdale, Miami, Palm Beach, Hollywood, Naples, and other cities throughout Florida, our auto crash law firm represents clients injured in motor vehicle accidents caused by negligent, careless, or reckless drivers.

Success with red-light cameras should earn green light from state, Sun-Sentinel, August 13, 2008

Fort Lauderdale plans to use cameras to catch red-light runners, Sun-Sentinel, July 15, 2008


Related Web Resource:

Red Light Cameras, IIHS.org

The National Campaign to Stop Red Light Running

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June 10, 2008

One Person Dies in Florida Multi-Vehicle Crash on I-95 Close to Boynton Beach Blvd.

In Boynton Beach, Florida, one person died on Tuesday night in a four-auto collision on I-95. Two SUVs and two sedans were involved in the crash.

Emergency workers arrived at the accident scene and discovered one person with fatal injuries trapped in one of the motor vehicles. The rest of the motorists appeared to be uninjured.

If you were seriously injured or if someone you love has died in a Florida motor vehicle accident, you may be able to file a personal injury claim or wrongful death lawsuit against the party responsible for the injury accident. An experienced Florida auto accident law firm can handle your case for you.

Injury cases involving multi-vehicle collisions can be more complex than accident cases involving just two vehicles. Our South Florida auto crash lawyers will work with accident experts to identify the driver that started the accident and whether there were other circumstances or conditions, such as a defective motor vehicle, poor road conditions, or debris on the road that should have been cleared away, that might also have contributed to your accident. There may be more than one liable party responsible for your auto crash, and we will pursue all avenues of recovery for you.

Our South Florida car crash attorneys have helped many injury victims recover compensation from negligent motorists, the manufacturers of defective motor vehicles, or liable state and municipal entities. We will work with accident reconstructionists and medical experts that can determine which procedures your injuries will require and how much they will cost.

There is a good chance that your Florida PIP coverage will not cover all your medical costs if you have been seriously injured in an auto crash. It definitely will not compensate you for the loss of a loved one.

One dead in four-vehicle crash on I-95 near Boynton Beach Blvd., PalmBeachPost.com, June 10, 2008


Related Web Resources:

FARS Encyclopedia

Florida DMV

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May 27, 2008

West Palm Beach Artist Awarded $2.1 Million for Traumatic Brain Injury from Car Accident

In West Palm Beach, a jury has awarded Terry Williams, a 45-year-old mural artist $2.1 million for permanent and disabling neck and brain injuries that he sustained in a 2003 Florida truck crash.

Williams’s van was rear-ended by a Loomis & Fargo truck on Interstate 95 in Palm Beach Garden. Because of the accident, he cannot paint quality work. The jurors ruled that the driver and Loomis & Fargo were negligent in causing the accident.

Traumatic Brain Injuries
Some 1.4 people sustain traumatic brain injuries each year. A TBI usually occurs when there is a violent blow to the head. Common causes of TBIs include car accidents, motorcycle crashes, truck collisions, assault crimes, fall accidents, physical abuse involving violent shaking of the head, and gunshot wounds.

Traumatic brain injuries can be completely life changing. A person with a serious traumatic brain injury may have problems speaking, eating, remembering things, or have difficulty controlling their motor functions. Seizures may ensue and a TBI patient may experience sudden mood swings or personality changes.

A TBI can also seriously affect the lives of the victim’s friends and family, who can no longer enjoy the kind of relationships and interactions that they used to with their loved ones. If the TBI victim was the main source of financial support for the family, their quality of life can also be compromised.

A person with a serious TBI may also require costly, ongoing, specialized medical care.

In South Florida, our serious injury attorneys know how to properly pursue your case and prove to a jury that your injuries warrant significant recovery. Our motor vehicle crash lawyers have helped many auto accident victims and their families recover compensation through settlements and verdicts.

Jury awards West Palm artist $2.1 million for 2003 car wreck, Sun-Sentinel.com, May 27, 2008

Traumatic Brain Injury, MayoClinic.com


Related Web Resource:

Traumatic Brain Injury Information Page

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May 20, 2008

51-Year-Old Woman Killed on Mother’s Day in Hit and Run Motor Vehicle Collision is Laid to Rest

Patricia Floyd, the 51-year-old mother of three that died in a Florida motor vehicle collision on Mother’s Day was buried on Monday. Floyd was killed when a stolen truck that was speeding struck the car she was riding in.

Floyd’s 17-year-old son was also seriously hurt in the multi-car collision. He was taken immediately to Jackson Memorial Hospital's Ryder Trauma Center. His Injuries included internal bleeding and a broken leg.

Two other people from one of the two other autos also involved in the motor vehicle collision were also taken to hospitals. Fortunately, their injuries are not fatal.

The two men that fled the scene after the deadly crash had reportedly stolen the truck from Gold Coast Crane Service. They have yet to be found although Florida police are continuing to look for them.

Reasons why drivers hit and run:

• They are riding a stolen automobile
• Drunk driving
• Driving under the influence of alcohol or drugs
• No driver’s license
• They may have violated their probation or are avoiding apprehension for another reason
• Panic or fear

In 2004, the AAA Foundation reported that almost 11% of police-reported collisions are hit and run cases. National Highway Traffic Safety Administration reports that 14,914 people died in hit and run accidents between 1993 and 2004.

Our South Florida auto crash law firm represents surviving family members that have lost loved ones in motor vehicle accidents resulting from driver negligence or recklessness. We can pursue all possible avenues of recovery for you. Just because the negligent driver hasn’t been apprehended yet doesn’t mean that you don’t have any options to receive compensation for your injuries and property damage.

Killed On Mother's Day Laid To Rest, CBS4.com, May 19, 2008

Police: Driver Of Stolen Truck Flees After Fatal Crash, NBC6, May 12, 2008


Related Web Resources:

Florida Hit and Run Laws

Hit-run deaths see 20% increase, USA Today, October 17, 2008

Continue reading "51-Year-Old Woman Killed on Mother’s Day in Hit and Run Motor Vehicle Collision is Laid to Rest" »

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April 9, 2008

Family Sues City of Lakeland, Florida For Man's Wrongful Death During Police Car Chase

The family of Kenneth "Roger" Gadd has filed a Florida wrongful death lawsuit against the city of Lakeland, Florida. Gadd was killed on July 17, 2006 when the car that he was riding in was struck by a truck being driven by a theft suspect that Lakeland police were chasing.

The suspect, Tonya English, was sentenced to 30 years in prison for DUI manslaughter. Police discovered that there was alcohol and drugs in her system when the car accident happened.

Gadd’s son, his mother Dorothy Holm, and his sister Deborah McGlothen are also suing English and Erik Pearson, the owner of the car that English was driving. Pearson had picked up English, a hitchhiker, and left her in the car with the engine running while he ran into a store. English took off with his car and Pearson called 911.

Police chased English, even deploying stop sticks. The police pursuit was moving as fast as up to 70mph. During the chase on State Road 33, English moved into the opposite late and hit Gadd’s Toyota Camry. He died instantly.

Lakeland police say the pursuit was justified and that they acted within police pursuit policy. Gadd’s family says that they hope the lawsuit will lead to a stricter police pursuit policy.

The family is suing Pearson because they believe that he never took responsibility for leaving a stranger in his car with the engine on, which resulted in the deadly car chase and collision.

Our South Florida wrongful death law firm has helped many families recover compensation for the accidental deaths of their loved ones. In Florida, survivors of a decedent that can claim wrongful death include the deceased’s children, spouse, parents, and other that may have relied on the victim for support. One of our Florida wrongful death lawyers in Hollywood, Naples, or Miami would be happy to speak with you during a free consultation.

Financial recovery for wrongful death may include medical expenses, funeral/cremation/burial costs, loss of earnings, pain and suffering, loss of financial support, loss of emotional support, and other damages.

Family of Police Chase Victim Files a Lawsuit, The Ledger.com, April 3, 2008


Related Web Resources:

Woman Charged In Police Chase That Killed Innocent Motorist, TBOBlogs.com, September 26, 2006

Statutes, The Florida Senate

Continue reading "Family Sues City of Lakeland, Florida For Man's Wrongful Death During Police Car Chase" »

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March 24, 2008

Hulk Hogan Is Sued In Florida Personal Injury Lawsuit By Family Of Man Seriously Hurt in Car Crash With Wrestler’s Son

In Florida, wrestling and Reality TV star Hulk Hogan and his family have been named in a car accident injury lawsuit by the family of John Graziano, a friend of Hogan’s son Nick Bollea.

Graziano sustained serious head and brain injuries in the August 26 crash. He remains in the hospital.

Graziano had been riding a car driven by Nick, who was racing his friend, Daniel Jacobs, in Clearwater, Florida. According to prosecutors, Nick had been driving his car about 40 miles above the legal speed limit. His car spun out of control and hit a palm tree.

Earlier this month, the Clearwater Police Department released photos from the catastrophic motor vehicle collision.

0312wrk2.jpg

The lawsuit, filed in Pinellas County, names Hogan, whose real name is Terry Bollea, his wife Linda Bollea, Nick Bollea, and Daniel Jacobs as plaintiffs.

According to the lawsuit, Hogan is responsible for the catastrophic auto collision because he had signed a consent form so his son could get his driver’s license and allowed his son to drive even though he knew that Nick enjoyed speed driving and racing. Hogan also owns the car that Nick had been driving during the crash.

Linda is being held legally liable for allegedly being aware of Nick’s reckless habits and “encouraging his dangerous behavior.”

Nick is named as a defendant because he drank alcohol before driving even though he is under 21 years of age and for speeding and racing his car on the night of the accident. Jacob’s is named in the lawsuit for participating in the speed racing that lead to the catastrophic car crash.

Graziano could require millions of dollars in medical care for the remainder of his life. He is reportedly in a semi-conscious state. Graziano’s parents, Edward and Debra Graziano, want to place any money they receive from the lawsuit in a trust for him.

Nick has been charged with reckless driving.

In South Florida, if you have been injured in a car collision because another driver was negligent, do not hesitate to contact our Florida personal injury law firm right away for your free consultation with one of our car accident lawyers.


Hulk Hogan sued by family of Florida crash victim, Reuters, March 24, 2008

Photos Released Showing Severity Of Bollea Crash, 2.tbo.com, March 12, 2008

Related Web Resources:

Hulk Hogan's Son Nick Arrested in Connection With Car Crash That Injured Friend, Foxnews.com, November 7, 2008

Traumatic Brain Injuries, National Institute of Neurological Disorders and Stroke


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March 19, 2008

Florida Highway Patrol Name Wrong-Way Driver in Deadly Delray Car Collision

The Florida Highway Patrol has identified Kenneth Jenkins as the driver whose wrong-way driving on Interstate 95 lead to a car crash that killed three people on Sunday in Delray.

According to investigators, Jenkins, a 25-year-old North Lauderdale resident, was driving his Pontiac headed southbound in the northbound lanes when he crashed head-on into a Mercedes. Riding in the Mercedes were Boris Rapoport, his mother Renee, Robert Rutman, and Angelica Pagliuca.

Pagliuca was seriously injured and her condition has improved to fair since then. Rapoport, his mother, and Rutman were killed in the fatal car crash.

Jenkins is reportedly in fair condition at Delray Medical Center. Conflicting witness reports had initially made it difficult to identify which car was driving in the wrong direction. Florida Police are waiting to see whether alcohol or drugs were involved. They have yet to press criminal charges against Jenkins.

Two other accidents related to the wrong-way driving collision also occurred on Sunday. Lake Worth resident LaShawn Antoinette Brown sustained minor injuries while trying to avoid the deadly crash. In the process, she hit one of the cars involved, as well as a white Honda Accord.

Delray Beach police Sgt. Toby Rubin broke his ankle when he was hit by another car that was trying to avoid the Pontiac, driven by Jenkins. Rubin had been following the Pontiac from the freeway shoulder and tried to warn other drivers.

Wrong-Way Driving
Driving the wrong way on a road or freeway can be very dangerous and can lead to serious injuries or death for the driver and other motorists and pedestrians. According to information from the Fatality Analysis Reporting System (FARS), 350 people die every year in the United States because of wrong-way driving.

When a driver is careless, reckless, or makes a mistake by driving the wrong- way on a road and others are injured or killed as a result, the driver may be held liable by the injured parties through personal injury and wrongful death claims and lawsuits.

Our Florida injury law firm has helped the victims of car accident, truck crash, motorcycle collision, and injured pedestrians recover injury compensation for the harm they have suffered.

Wrong-way driver identified in I-95 crash in Delray, Sun-Sentinel.com, March 19, 2008

FHP faults Pontiac driver in wrong-way crash, Palm Beach Post, March 19, 2008

Wrong-Way Driving on Freeways: Problems, Issues, and Countermeasures


Related Web Resources:

Top 10 Basic Driving Mistakes

Florida Department of Highway Safety and Motor Vehicles

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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

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

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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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December 5, 2007

Florida Grandfather and 3-Year-Old Grandson Die in Three-Car Collision in Lake City

A 3-year-old boy and his grandfather are dead in the wake of a deadly multi-car accident caused by a drunk driver in Lake City, Florida.

Craig Camiel Jr. and his grandfather Henry, 61, died on Saturday when the Honda they were riding in was rear ended by an SUV driven by 18-year-old Aaron Adler. Adler's Honda then crossed the median and was struck by a Chevrolet pickup.

The Florida Highway Patrol says that Craig, who wasn’t in a car seat, died at the accident scene. Henry was pronounced dead at the hospital.

The three people in the pickup were in critical condition and taken to Shands at the University of Florida. Lake Butler resident George Griffis, the driver of the pickup, was later released. His wife Cathy and mother Katherine, who were also riding the pickup, were still at the hospital on Sunday.

Aaron Adler was arrested on two charges of DUI serious bodily injury and two charges of DUI manslaughter.

Alcohol-alert.com offers the following 2005 drunk driving statistics for the state of Florida: Out of the 3,541 traffic fatalities that occurred in Florida in 2005, 1,471 of them involved drunk driving. Drunk driving is a punishable offense in Florida.

If you or someone you love has been seriously injured because of a drunk driver, you should speak with an experienced Florida car accident lawyer who can help you file a personal injury claim or lawsuit against the negligent party. If someone you love has died in Florida because of a negligent car driver, you are entitled to receive wrongful death compensation.

The death of a loved one can leave behind an inconsolable and permanent hole in the lives of the loved ones who are left behind. Losing a mother, father, son, daughter, husband, or wife is life changing and extremely painful. Loss of emotional support, companionship, and financial support may result. There also may be expenses incurred by the death, including funeral and medical costs.

Crash kills grandson, grandfather, The Gainesville Sun, December 3, 2007

Florida Drunk Driving Statistics, Alcohol-Alert.com


Related Web Resources:

Florida Automotive Safety & Statistics, DMV.org

Florida Wrongful Death Act


Continue reading "Florida Grandfather and 3-Year-Old Grandson Die in Three-Car Collision in Lake City" »

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November 1, 2007

Lakeland, Florida Family Awarded $50 Million For Son’s Traumatic Brain Injury During 2004 Car Accident

A Polk County, Florida jury has awarded the Ladler family $50 million because their son sustained a traumatic brain injury in a car accident in 2004.

Mario Ladler II, a 4-year-old preschooler at the time of the crash, had his skull shattered when Michael Yow, the driver of a pickup truck, struck the car that the family was riding in. Yow has pleaded guilty to DUI involving serious bodily injury.

Doctors had to remove part of Mario’s frontal lobe. Mario, now 7, is institutionalized at the Florida Institute for Neurologic Rehabilitation because he requires full-time medical care. His brain is now missing the portions that monitor judgment and impulse control. His father Mario Ladler Sr. also sustained injuries in the car crash. His personal injury trial is expected to start in a few months.

The $50 million personal injury award is considered the largest civil lawsuit award in Polk County’s history. Of the $50 million, $27 million will go towards Mario’s ongoing medical care. $23 million was awarded for pain and suffering and lost wages.

Yow is serving five years in state prison. The $50 million compensation will have to be collected from Geico, Yow’s insurance company.

If you or someone you love is seriously injured in a car accident anywhere in Florida, you should speak with a personal injury attorney immediately. You may be entitled to personal injury compensation if another party acted negligently or carelessly and caused your accident.

Traumatic Brain Injuries
Traumatic brain injuries are very serious injuries that can be very costly to treat. A TBI can occur in a car accident if an injury victim’s head strikes a hard object or is jolted by the force of impact.

TBI’s can lead to other serious medical conditions, such as seizures, memory problems, paralysis, loss of vision, speech problems, emotional difficulties, personality changes, loss of motor functions, seizures, and permanent brain damage.

Motor vehicle crashes are the number one cause of TBIs. By filing a personal injury claim or lawsuit against the person responsible for your accident in Florida, you may be able to obtain compensation for medical expenses, lost wages, pain and suffering, ongoing medical care, and loss of enjoyment of life.

Lakeland Family Awarded $50 Million In 2004 DUI Crash, TBO.com, November 1, 2007

Lakeland family awarded $50 million for accident, Tampa Bays 10.com, November 1, 2007


Related Web Resources:

Traumatic Brain Injury, National Institute of Neurological Disorders and Stroke

Florida Institute for Neurologic Rehabilitation

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October 2, 2007

Florida’s No-Fault PIP Insurance For Motor Vehicle Accidents Expires

As of October 1, the No-Fault Law in Florida no longer exists. The Florida No-Fault law mandated that every driver in the state purchase $10,000 worth of PIP (Personal injury protection) and $10,000 PDL (Property damage liability). The coverage protected the driver—regardless of whether another party caused the motor vehicle accident. Now, drivers are no longer required to have PIP.

PIP
Under the No-fault Law, Florida required all drivers with a Valid Florida tag to purchase PIP. The coverage provided personal injury coverage regardless of who was at fault in causing a motor vehicle crash. PIP covered the driver, passengers, family members that resided with the driver in his or her home, and anyone that the driver had granted permission to drive the motor vehicle (up to their coverage’s maximum). A driver was also covered by PIP if he or she was hit by a motor vehicle while walking on the streets as a pedestrian or while riding a bicycle.

PDL
Property damage liability provides coverage for damages sustained by other motor vehicles if a driver (or family members using his or her vehicle) was responsible for causing the traffic collision.

BIL
Bodily Injury Liability covers permanent and serious injuries and wrongful death to others (up to a certain financial limit) if the driver with BIL caused the motor vehicle crash.

Serious injuries sustained in a car accident may include spinal cord injuries, traumatic brain injuries, broken bones, burn injuries, neck injuries, severed limbs, internal injuries, and wrongful death.

The Florida Department of Highway Safety & Motor Vehicles, which recently released its 2006 Florida Crash Statistics Report:

• 256,200 traffic accidents in Florida last year.
• 3,365 people died in these accidents.
• 214,914 people were injured.
• 115,834 of the traffic accidents resulted in property damage but no personal injuries.

Florida lawmakers are scheduled to meet this week to determine whether Florida’s No-Fault Law should be renewed.

Florida No-Fault Law is no more, WINK News, October 1, 2007

Florida Motor Vehicle Insurance, FAQs, Florida Department of Highway Safety & Motor Vehicles

2006 Florida Crash Statistics (PDF), Florida Department of Highway Safety & Motor Vehicles

Related Web Resource:

Florida's Motor Vehicle No-Fault Law, Flsenate.gov (PDF)

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September 18, 2007

Florida Highway Patrol Investigates Car Accident that Injured Two People on Interstate 75

At least two people were injured early Tuesday in a car accident on Interstate 75 in Hillsborough County.

The Florida Highway Patrol say the accident took place after 2am in Gibsonton when an SUV ran into the back of a semi-truck. The SUV went over a guardrail, overturned a number of times, and landed in an embankment. One person was thrown from the SUV.

The woman and the toddler in the SUV were flown to a hospital. The truck driver was not injured. Police say that the family in the SUV had been traveling all night.

Injuries in a car accident or any kind of motor vehicle accident can be grounds for filing a personal injury claim if you were injured because another person was negligent or careless on the road. A personal injury attorney can help you investigate the accident and the evidence to prove your case so that you can receive compensation for your injuries.

Rear-End Collisions
Rear-end collisions is one of the most common kind of motor vehicle accident, according to the National Safety Council. This type of crash occurs when one motor vehicle runs into the back of another motor vehicle. According to the NHSTA, rear-end collisions make up 29% of all motor vehicle accidents in the United States

While whiplash is a common injury resulting from rear-end collisions, and this type of accident typically results in minor injuries. There are serious accidents involving rear-end crashes that can result in serious injuries, including internal injuries, spinal cord injuries, traumatic brain injuries, broken bones, and death.

The kind of injuries sustained in a rear-end accident can depend on a number of matters:

• Whether the accident victims were wearing seatbelts
• How fast the motor vehicles in the accident were going at the time of the collision
• What the road conditions were like at the time of the crash
• The sizes and weights of the motor vehicles involved
• Whether the injury victims knew that the accident was about to happen

Although Florida's PIP (Personal Injury Protection) coverage, required by all drivers, covers injury expenses up to a certain amount--regardless of who was at fault, you may still need to sue a liable party if the injuries sustained in the accident are so serious that the costs for recovery go beyond your PIP coverage.

Accident on I-75 injures at least two, MyFox, September 18, 2007

Driver Fatigue, Rear-End Collisions May Come to a Halt, Cars.justelite.net

Related Web Resources:

National Highway Traffic Safety Administration

National Safety Council

Continue reading "Florida Highway Patrol Investigates Car Accident that Injured Two People on Interstate 75" »

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September 16, 2007

Chrysler Announces Recall of Almost 300,000 SUV and Honda Recalls Over 180,000 Civics

Chrysler LLC has announced that it is recalling close to 300,000 sports utility vehicles because of possible break problems. The recall affects over 90,000 2007 Jeep Wrangler SUVs, over 156,000 Jeep Grand Cherokees and Commander SUVs from 2006 and 2007, and close to 50,000 2007 Dodge Nitro SUVs.

The recall comes after the car manufacturer received some 20 complaints from drivers that experienced break delays when trying to stop after driving up a hill. So far, the problem has been cited as the cause of one motor vehicle accident. No personal injuries have been reported so far.

Chrysler says it will fix the problem by reprogramming the computer connected to the antilock brake system. It is also recalling 2007 Chrysler Sebring convertibles and some 72,333 Dodge Avenger sedans because of problems with the locks and front door latches.

The Honda recall involves a seal that could let salt and moisture enter the rear wheel bearing and cause corrosion, which could cause the wheel to fall off and lead to a motor vehicle crash. Two customers have filed complaints with Honda.

The Federal Motor Vehicle Safety Standards has a series of requirements that a motor vehicle must meet to be considered safe for drivers and passengers. A recall must be issued if a particular make or model of car, truck, or motorcycle (or any of their motor vehicle parts or equipment) has gone into the marketplace and does not meet these standards or exhibits a defect that places people’s lives at risk.

Some safety defect examples include:

• Problems with a vehicle’s wiring system
• Air bags that deploy when they are not supposed to
• Defective accelerator controls
• Malfunctioning accelerators
• Faulty steering components
• Engine cooling fan blades that are fragile
• Defective seat belts

If you or someone you love has been seriously injured in a traffic accident because of a defective motor vehicle or motor vehicle part, you should contact a personal injury attorney right away.

Chrysler Recalls Nearly 300,000 SUVs, AP, September 15, 2007


Related Web Resources:

Federal Motor Vehicle Safety Standards and Regulations

Chrysler LLC

Honda Motor Company

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September 1, 2007

Hulk Hogan’s Son is Seriously Injured in Florida Car Accident

The 17-year-old son of wrestling star Hulk Hogan was seriously injured on August 26 in a car accident. The accident took place on SR60. According to police, Hogan’s son, Nick Bollea was speeding when his car drove off the highway and hit a palm tree just east of downtown Clearwater on Court Street.

Bollea and his passenger, John Graziano, 22, both sustained injuries. Both men had to be cut from the Toyota Supra. They were airlifted to St. Petersburg and treated at the Bayfront Medical Center where Graziano was listed in critical condition.

Hogan’s son has appeared on the hit TV show “Hogan Knows Best,” where he is credited under the name Nick Hogan. He is a professional driver on the drifting circuit and earned his Formula Drift License last year.

In the last year, Bollea, who has had his driver’s license for just one year, has received three traffic citations. He was first cited on September 16, 2006 for driving at 115mph in a 70 mph zone. His second citation was for driving 57 mph in a 30 mph zone. Bollea was caught for driving 106pmh in a 70 zone for his third citation.

If you or someone you love is seriously injured in a car accident caused by a negligent driver, you should speak with a personal injury attorney right away.

Florida has a “No-fault” law that obligates motor vehicle drivers to have personal injury protection worth at least $10,000 to cover medical expenses and lost wages regardless of who is at fault. Injured persons in Florida can, however, collect damages from the negligent driver for permanent or serious injury or death and other related losses.

Car Accident Statistics:

• About 6 million car accidents take place on U.S. roads every year.
• Over 3 million people a year sustain injuries in motor vehicle accidents.
• More than 40,000 people die in car accidents each year.
• 30% of car accident fatalities are caused by speeding.
• Traffic accidents is the number one cause of death for people 30 years of age and under.

Hogan's Son Injured In Car Wreck, Canyon News, August 29, 2007

Nick Hogan's Track Record, TMZ.xom, August 28, 2007

Car Accident Statistics, Lawcore.com


Related Web Resources:

End near for no-fault auto insurance law, Palmbeachpost.com, August 22, 2007

Read the Docket from 08/28/07 (PDF)

Continue reading "Hulk Hogan’s Son is Seriously Injured in Florida Car Accident" »

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