Florida Injury Attorney Blog

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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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.

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

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

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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

Continue reading "Florida Highway Patrol Name Wrong-Way Driver in Deadly Delray Car Collision" »

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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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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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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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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

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

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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)

Continue reading "Florida’s No-Fault PIP Insurance For Motor Vehicle Accidents Expires" »

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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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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

Continue reading "Chrysler Announces Recall of Almost 300,000 SUV and Honda Recalls Over 180,000 Civics" »

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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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