Florida Injury Attorney Blog

The Florida Supreme Court has reversed a decision by the 4th District Court of Appeal in a 2005 Palm Beach County car accident lawsuit over whether the second driver in a rear-end crash should be allowed to recover damages or if he/she should retain all of the blame. While the appeals court had upheld a judge’s ruling that the second driver is the only one blame, the state’s highest court found that regardless of this presumption, which has been in play for over five decades, this may not always be the case and an examination of the facts in each instance needs to take place so that a comparison of each motorist’s degree of negligence (if any) can occur regardless of who is seeking personal injury compensation.

Because of this latest ruling, Maria Cevallos will be allowed to pursue damages from Keri Ann Rideout, the driver who had the middle vehicle in this Palm Beach three-vehicle rear end collision. Cevallos contends that Rideout was allegedly distracted driving and talking on a cell phone when she rear-ended the vehicle in front of her. Following that crash, Cevallos rear-ended Rideout’s vehicle.

Under the state’s comparative negligence law, juries can allot percentages of negligence to the parties involved, meaning that if a plaintiff were found to be 50% at fault, then an award in his/her favor would be decreased by that percentage. This law has not applied to Florida rear-end crashes until now because all negligence has always been presumed to be the second driver’s. It has also generally prevented rear-end collisions' second drivers from being able to pursue damages for their injuries.

Now, however, this may no longer be the case. The high court upheld, in another case, the 5th District Court of Appeal’s decision to reverse a trial judge’s summary judgment that ruled in favor of the first driver in a Seminole County rear-end crash. This now paves the way for motorcycle passenger Crystal Charron to pursue damages from driver Warren Birge.

In 2007, the motorcycle Charron was riding got flipped when its motorcyclist William Smith failed in his efforts to avoid rear-ending Birge’s vehicle. Charron was injured in the Florida motorcycle accident.

She filed a Florida personal injury case against Birge claiming he was at least partially to blame because he had suddenly hit the brakes for what seemed like no necessary reason. (Smith has already settled his injury case with Birge.)

Once again, the Florida Supreme Court found that despite the presumption that the rear-end crash’s second driver is the negligent one, there can be evidence shown to override this presumption. The justices said it should be up to a jury to decide how much (if at all) Burge is to blame.

These two rulings could allow more second drivers and their passengers that were hurt in Florida rear-end crashes to pursue damages and/or not be saddled with all of the blame in such accidents.

Florida Rear-End Collisions
Rear-end crashes can result in serious injuries for the vehicle occupants of both vehicles. If you were injured in this type of collision and you believe the accident happened because another party was at fault, you should contact an experienced Palm Beach car crash lawyer right away.

Florida Supreme Court: Drivers in rear-end crash may not be at fault, Sun-Sentinel, November 23, 2012

Florida Supreme Court rethinks rear-end collision lawsuits, BayNews9, November 22, 2012

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, Florida Injury Attorney Blog, January 6, 2012

Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011

South Florida Motorcycle Accident on I-595 Injures Four, Florida Injury Attorney Blog, May 3, 2010

According to a recent study that examined over four million records in the Fatality Analysis Reporting System from 1990 to 2010 involving minors and Halloween, October 31 is, indeed, the deadliest day of the year for child pedestrians. This the date when the kid pedestrian fatality rate goes up by more than double the average number from 2.6 child pedestrian deaths/day on other days to 5.5 fatalities. 6-7pm, which is a popular time for trick-or-treating, is considered the deadliest hour of Halloween and the period when nearly one fourth of child pedestrian accidents happen. 5-9pm is when over 60% of such incidents happen. State Farm and Sperling's BestPlaces jointly conducted the study.

In South Florida, if your son or daughter is injured in a Coral Springs child pedestrian accident today or on any other day of the year, please contact Trop & Ameen, PA right away and ask for your free case evaluation. You may have grounds for filing a claim or lawsuit against the party responsible for the crash.

More Halloween Child Pedestrian Statistics:
• Between 1990 and 2010 there were 115 Halloween child pedestrian fatalities.
• 32% of these deaths were kids from the 12-15 age group.
• Kids in the 5-8 age group made up the second largest demographic of child pedestrians killed on Halloween.
• Young drivers, ages 15-25, were involved in close to a third of these deaths.
• On a positive note, for every year between 2005 and 2010, the Halloween child fatality average rate has gone down.

Meantime, the Centers for Disease Control and Prevention and the National Highway Traffic Safety Administration are both reporting that kids are four times as likely to get hit in a car accident on Halloween than on any other day of the year.

Some of the reasons why:
• Darkness can make it harder for drivers to see pedestrians, especially smaller kids.
• Certain costumes, including masks, can make it hard for the wearer to see his/her surroundings, while other types of costumes can make it more difficult for motorists to see him/her.
• Adults and older teens, not just kids, often celebrate Halloween and some may choose to drink and drive on this busy night.

While parents and children need to be very careful tonight, motorists are equally responsible for making sure that they refrain from driving drunk or distracted driving. They need to pay careful attention and look to see who is on the sidewalks, crosswalks, and on the road. Driving more slowly through neighborhoods should help—especially as kids are more likely to excitedly run cross the streets to get from one house to another on this night.

Our South Florida car accident law firm has offices in Naples, Hollywood, Boca Raton, Miami, Coral Springs, Fort Lauderdale, Boynton Beach, and West Palm Beach.

'The Real Danger on Halloween': Kids Hit By Cars, USA Today, October 28, 2012

afety Halloween Tips for Parents and Drivers, KCSG.com, October 30, 2012

Halloween is 'deadliest day' for child pedestrian fatalities, Sentinel-Standard, October 29, 2012

More Blog Posts:
Florida Auto Pile Up Kills 11, Injures at Least 18, Florida Injury Attorney Blog, February 2, 2012

Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, FIorida Injury Attorney Blog, January 6, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, Florida Injury Attorney Blog, December 29, 2011

A series of Florida car crashes earlier this week on I-75 has claimed the lives of 11 people, injuring at least 18 others. The collisions, which are being described as a massive auto pileup, all happened south of Gainesville at around 4am on Sunday.

Heavy fog and brush fire smoke played a role in creating less than ideal conditions on the road that morning. According to the Florida Highway Patrol, seven tractor-trailers and 12 cars were involved in different accidents, which occurred on both sides of the highway.

In one collision, a tractor-trailer and two cars caught fire, melting asphalt. There also were crumpled cars on both southbound and northbound lanes and on the shoulders. Media reports describe the disaster area as being a mile long.

Visibility was so bad that at first rescuers could only find victims by listening for them. They spent the day spraying foam onto wrecked multi-vehicles, while some victims had to be pried out of their autos.

As of Thursday, eight of the people who were injured were still in hospitals. One of the victims still in fair condition is 15-year-old Lidiane Carmo, who lost her parents, brother, and sister in the Florida car accident they were involved in.

Just hours before the Florida auto pileup, authorities had closed off an area of the highway following a three-auto collision that caused one serious injury. According to authorities, they reopened the area just minutes before the collision. One witness said you could hear vehicles striking each other while people were screaming and crying. Steven R. Camps is quoted by the AP as describing the scene as looking “like the end of the world.”

The National Highway Transportation Board has investigators working to determine what caused the deadly pileup.

While poor weather conditions can’t be blamed on anyone, in a situation such as this it is important to determine whether negligence played a factor in allowing the pileup to happen. Should the area of I-75 have remained closed following the first Florida car crash? Were there vehicles that were speeding, a driver who was driving drunk, or any other recklessness or carelessness that occurred that made it easier for an accident to happen in light of the bad driving conditions?

If you were injured in Sunday’s I-75 pileup or someone you love died as a result of it, you should speak with an experienced Florida car accident lawyer immediately. There may be more than one party that should be held liable. In some cases, it may be a government entity or property owner that could/should have acted in a way that would have prevented your motor vehicle crash from happening.

Trop and Ameen, PA represents victims their families injured in South Florida truck crashes, auto crashes, pedestrian accidents, bus accidents, motorcycle collisions, and other types of accidents. Your first consultation with our Miami car accident law firm is free. We have other law offices conveniently located in Naples, Hollywood, Boca Raton, Coral Springs, and West Palm Beach.

Questions remain in deadly Florida highway crash, AP, February 1, 2012

8 remain hospitalized after fatal Florida pileup, CNN, February 2, 2012

More Blog Posts:
Florida Wrongful Death Lawsuit Blames Improperly Installed Guardrail for Fatal Car Crash, FIorida Injury Attorney Blog, January 6, 2012

With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, FIorida Injury Attorney Blog, December 29, 2012

NHTSA Reports 2,445 Florida Traffic Deaths in 2010, FIorida Injury Attorney Blog, December 8, 2011

The family of Courtney Hendrix is suing the Nassau County Commission for her Florida wrongful death. The 16-year-old was killed last year after the vehicle she was a passenger in struck a guardrail before colliding with a sport utility vehicle.

Seriously injured in the Florida car accident were Hendrix's 17-year-old stepsister Heather Beninati, who was driving the car they were riding, and 14-year-old Briana Burnsed and her mother 33-year-old Kellie Marie Rosier, who were riding the SUV. They are suing the Nassau County for Florida personal injury.

The plaintiffs content that the guardrail’s installation did not meet the Florida Department of Transportation’s standards.

Road Defects
Local governments can be held liable for failing to build safe roads and keep them properly maintained. With guardrails, not only must they be properly constructed and meet any safety specifications, but also, they must be installed properly and serve as an adequate barrier between lanes and the sides of roads—especially roads that are elevated from ground level.

Although the Federal Tort Claims Acts provides federal, state, and local entities with immunity from legal liability for an injury or accident, this doesn’t mean that a government body is protected from all lawsuits. By speaking with an experienced Hollywood, Florida personal injury lawyer, you can find out if you have grounds for a claim.

Unlike typical Florida wrongful death claims (the statute of limitations is two years) and Florida personal injury claims (the statute of limitations is usually four years) the limit for injury cases against government entities can run from 30-180 days in the state.

Getting hurt in a Miami car crash can leave the victim and his/her family with serious medical and recovery expenses, income loss, and other losses. There is no reason why you should have to shoulder the burden of all this without holding the responsible parties liable.

With Florida traffic accidents, it isn’t always the other driver that is at fault. Sometimes, the reason an accident may happen is because a traffic light failed, the way a road was designed makes it hard for vehicles to see oncoming traffic, or a pedestrian lane is not lit well enough lit so that autos can see it. Potholes, too high of a speed limit, and not enough lanes to accommodate traffic are a few other reasons why road-related motor vehicle crashes happen. You want to work with a Palm Beach car accident law firm that understands the nature of road defects and the havoc that they can cause.

Although Florida’s Personal Injury Recovery insurance provides some coverage to motorists in the event of an accident, this may not be enough to cover all your related costs when serious injury or death is involved. Holding a government entity accountable for a road defect also allows the problem to become publicly known so that hopefully changes will be made and lives are saved.

Families file suit over guardrails, Nassau County Record, November 17, 2011

Nassau County, Florida

More Blog Posts:
With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead, Florida Injury Attorney Blog, December 29, 2011

NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

At this time, there are no restrictions against cell phone use or texting while driving in the state of Florida. This however, may change, as state legislatures are scheduled to get together early next year to consider a possible ban on texting.

Supporters of a texting while driving prohibition may get the extra boost they need following the recent recommendation by the National Transportation Safety Board that all cell phone use while driving—unless the situation is an emergency—be prohibited. Although the NTSB cannot make law, its recommendations are strongly considered by lawmakers.

The safety board has even called distracted drivers a threat to public safety, and although there are other distracted driving behaviors that can also lead to car crashes, talking on a cell phone and texting while driving appear to be two habits that many people can’t seem to quit. In South Florida, our Miami personal injury law firm represents clients injured or who have lost loved ones in all types of traffic crashes.

According to the National Highway Traffic Safety Administration, distracted driving played a role in at least 3,092 US motor vehicle crashes last year. The federal safety agency recently released its findings from its first national survey tracking the public’s awareness, attitudes, and behavior regarding texting, cell phones, and driver decisions.

6,002 adult respondents (18 and older) took part in the phone survey. Interviews took place during the last two months of 2010. Per the survey’s findings:

• Most motorists don’t like it when other drivers text and drive, but they think that they are safe when they are the ones doing it.
• Almost 1 out of 100 drivers can be found using a handheld device to text, e-mail, or engage in some other activity at any given moment of the day.
• Most drivers don’t see anything wrong with answering a phone while operating a motor vehicle.
• More than half of those who were surveyed don’t believe that making a call with a cell phone impacts their driving abilities.
• About 25% of those surveyed felt the same way about texting while driving.
• About half of drivers age 21-24 admit that they’ve e-mailed or texted while operating a motor vehicle.

Texting and driving are not the only distracted driving behaviors that can cause injury or death. Reading a book or magazine, surfing the Internet, inputting information onto your navigation system, putting on makeup, and even eating have been known to cause motor vehicle collisions.

National Distracted Driving Telephone Survey Finds Most Drivers Answer The Call, Hold the Phone, and Continue to Drive, NHTSA, December 2011 (PDF)

Distracted Driving, National Safety Council

More Blog Posts:
NHTSA Reports 2,445 Florida Traffic Deaths in 2010, Florida Injury Attorney Blog, December 8, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers, Florida Injury Attorney Blog, May 4, 2011

Continue reading "With Safety Officials Calling For Tougher Stance Against Distracted Driving, Florida Lawmakers May Follow Their Lead " »

According to the National Highway Traffic Safety Administration, there were 32,855 motor vehicle traffic accidents in the US last year—that’s the lowest number since 1949 and a 2.9% drop from the 33,883 people who died in 2009. The number of Florida traffic deaths also went down by 4.5%, at 2,445 fatalities. There were 115 more in 2009.

Our Miami motor vehicle crash lawyers represent clients throughout South Florida that were injured in car accidents, truck collisions, motorcycle crashes, pedestrian accidents, bicycle collisions, and bus crashes. Please contact us right away if you think you may have grounds for a claim.

Nationally, U.S. Transportation Secretary Ray LaHood applauded the decline in traffic deaths. He spoke about the progress made toward improving traffic safety while acknowledging that there was more to do to protect motorists.

More US Traffic Death Facts for 2010:
• 22,187 passenger vehicle occupant deaths,1,976,000 injuries
• 12,435 passenger car deaths, 1,258,000 injuries
• 9,952 light truck deaths, 732,000 injuries
• 529 large truck fatalities, 19,000 injuries
• 4,502 motorcycle crash deaths, 82,000 injuries
• 4,280 pedestrian fatalities, 70,000 injuries
• 616 pedalcyclist deaths, 51,000 injuries

Drunk driving was a factor in 31% of fatalities. Also, not all types of traffic crashes saw a drop. The number of large truck-related deaths went up from 2009 by 6%, and there was a slight increase in the number of motorcycle crash deaths as well. There was also an increase in pedalcyclist fatalities and pedestrian deaths. Regarding accident victims that survived with injuries, NHTSA estimates that the total number of motor vehicle injury victims went up in 2010 to 2.24 million people, which is a 1.2% jump from the 2.22 million that were injured in 2009.

Even though Florida provides Personal Injury Protection, if you or your loved one suffered serious injuries in a Palm Beach car accident, you should immediately explore your options by contacting a South Florida injury lawyer. Recovering from a car crash can be tough and costly, as is losing someone you love in a collision. You may not know the extent of your injuries right away, which makes getting a good sense of how much you may ultimately owe in medical and recovery bills tough. This is another reason why you should have an experienced Hollywood, Florida car accident law firm helping you.

Obviously, any decline in Florida traffic deaths is a step forward in terms of improving vehicle safety. Unfortunately, every day, someone is involved in a car accident in this country. As experienced Boca Raton personal injury lawyers, it is our job to make sure that our clients receive all the money owed to them by all negligent parties.

Updated 2010 FARS data includes new measure of 'distraction-affected' fatalities; national attitude survey offers additional insight into problem of distracted driving, NHTSA, December 8, 2011

NHTSA 2010 US Traffic Crash Facts (PDF)

More Blog Posts:
Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash, Florida Injury Attorney Blog, December 2, 2011

Coral Gables Wrongful Death Lawsuit Seeks Damages from 19-Year-Old Allegedly Drunk Driver, Florida Injury Attorney Blog, November 3, 2011

Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study, Florida Injury Attorney Blog, October 20, 2011

Continue reading "NHTSA Reports 2,445 Florida Traffic Deaths in 2010" »

The family of Eyder Ayala is considering filing suing the Fontainebleau Hotel for her Miami-Dade County wrongful death. The 68-year-old grandmother died last month in a Coral Gables car accident.

The driver of the 2011 Audi Q5 that struck her, 19-year-old Ivanna Villanueva, was operating her vehicle at about 80 miles an hour at the time. The University of Miami student has been charged with DUI manslaughter over the deadly crash. Prosecutors say that her BAC was three times the legal limit at .231%. The criminal charge comes with a maximum 15-year prison sentence if she is convicted. Villanueva is now under house arrest.

Ayala’s family has already filed a Coral Gables wrongful death case against Villanueva for her “wanton disregard for life. Also named as a defendant is the teenager’s dad, Luis Villanueva, who the plaintiffs want to hold accountable for her actions.

Villanueva used a fake ID to enter a nightclub, which is located at the Fontainebleau Hotel. At age 19, she should not have been in the club or served alcohol but receipts were found showing that she bought two shots of tequila $42. The Coral Gables car accident lawyer representing Ayala’s loved ones say that the family might sue Fontainebleau Hotel, the club, and any other places that served or sold Villanueva alcohol.

Florida’s Liquor Liability Laws
Under the state’s Dram Shop Act, serving, selling, or giving alcohol to anyone under 21 can make you accountable if this results in injury of death. Also, although Florida Statutes, Section 768.125 says that bars and establishments are not liable for injury or death caused by a person of lawful drinking age that was served alcohol, if the beverage was offered with the knowledge that the person being served is habitually addicted to alcohol use, then liability is also possible.

There are reasons why minors are not allowed to drink alcohol. Restaurants, clubs, and bars must abide by the laws that make it illegal to serve alcohol to people under 21. It is no big surprise when minors procure fake ID’s to enter these facilities and there should be procedures and checks in place to prevent this from happening.

Drunk driving is a tragedy for everyone involvement—the victim, their loved ones, and the drunken driver, who likely never intended to hurt anyone and whose life will also never be the same.

If you’ve lost someone you love in a Coral Gables motor vehicle crash, you undoubtedly have lots of questions and will want to explore your legal options. The sooner you talk with a Miami-Dade personal injury lawyer the better.

Coral Gables Teen Was Drinking at Fontainebleau Club Hours Before Fatal Crash: Lawyer, NBC Miami, October 5, 2011

University of Miami student charged with DUI manslaughter, Miami-Dade, October 25, 2011

More Blog Posts:
Driver Charged in Boca Raton Motorcycle Accident Death, Florida Injury Attorney Blog, October 27, 2011

Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital, Florida Injury Attorney Blog, September 30, 2011

Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011

Considering that this week is National Teen Driver Safety Week, it is good time to remember that traffic accidents are the number one cause of US teenager deaths. As a matter of fact, teens are involved in three times as many deadly car collisions as adults.

Our Hollywood, Florida car accident lawyers have seen the havoc that can occur when a teenager is seriously injured or killed in a crash. It is our job to help minors and their families recover compensation from all liable parties. While Florida’s Personal Injury Protection (PIP) coverage may cover part of the expenses sustained from being injured in an accident, sometimes, this just isn’t enough—especially when serious injuries or deaths are involved.

That said, teen drivers have also been known to cause serious Florida traffic crashes, resulting in injury to themselves and others. One reason for this is that young people tend to get easily distracted, which doesn’t help when coupled with their lack of experience on the road. The variety of mobile technology now available to everyone these days doesn’t help. Already, it can be hard to pull kids away from cell phones when they aren’t driving.

Now, however, according to a study by Students Against Destructive Decisions and Liberty Mutual Insurance, even though teens are becoming more aware of how dangerous texting while driving can be, more than half of the 2,294 high school students surveyed said that they sometimes still text while operate a vehicle, while 28% say that often text while driving.

Granted, Florida has no law making texting or talking on a cell phone while driving illegal. That still, however, doesn’t mean that it makes either activity less dangerous. Other distracting tech-related activities that a number of the teens that responded to the survey say they engage in while operating a motor vehicle:

• Access the Internet on a cell phone
• Change songs on an MP3 player or iPod
• Update their MySpace and Facebook accounts
• Use an iPad or another technology tablet
• Shoot videos with their cell phones
• Take photos with their cell phone

It is no secret that distracted driving can kill people. Adults too can cause serious injury when they use their cell phone to do any of the activities mentioned above.

Even though the offending driver likely intended to cause no harm, the tragic consequences that can occur are real. You may be able to file a Ft. Lauderdale car accident claim against a distracted driver that caused your loved one’s death or your injuries. In some cases, the distracted driver was operating the other vehicle. In other accidents, the driver who was distracted was the motorist in your vehicle.

Liberty Mutual and SADD Study Finds Texting While Driving By Teens Not Affected By Their Awareness of the Dangers; Text Conversations With Mom and Dad on the Rise, Marketwatch, October 19, 2011

National Teen Driver Safety Week

Distracted Driving, NHTSA

Teen drivers, CDC

More Blog Posts:
Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital, Florida Injury Attorney Blog, September 30, 2011

South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others, Florida Injury Attorney Blog, April 20, 2011

Number of Broward County and Palm Beach County Traffic Deaths Drop in 2009, Florida Injury Attorney Blog, July 15, 2010

Continue reading "Teen Drivers Continue to Text Despite Knowing the Dangers, Reports Liberty Mutual and SADD Study" »

Charges may be filed in the Palm Beach Gardens car accident on Thursday night that claimed the life of 19-year-old Bryanna Sanville. The teenager was riding in the Kia Forte driven by her friend Sabrina Gavagni Fiorentino when the vehicle collided with a Ford Explorer.

According to police, Fiorentino, who was driving back from Jensen Beach, was trying to make a U-turn at around 11:30 pm when her car pulled in front of the SUV, which was driven by Dora J. Valencia, 42. The Ford hit the Kia on the passenger side, where Sanville was seated.

Valencia, her passengers (19-year-old Viviana Silva and a male minor) and Fiorentino were all taken to the hospital. Sanville, who doesn’t appear to have been wearing a seat belt, was pronounced dead at accident site. Now police are saying that alcohol may have been a factor in the Palm Beach County car crash.

Drunk Driving
Drunken driving continues to be the cause of hundreds of Florida motor vehicle crashes each year. In 2010, alcohol was a factor in 794 Florida traffic fatalities—and while that’s 210 less drunk driving deaths than the 1,004 Florida traffic deaths involving alcohol in 2009—that’s still too many lives lost.

Drunk driving is dangerous and leads people to make careless mistakes that they wouldn’t otherwise have made. Vision becomes impaired, cognitive and processing abilities, reaction time, and reflexes are slowed. If you or someone you love was injured in a Palm Beach County car crash that you believe occurred because another motorist was drunk, under the influence of drugs, texting while driving, talking on the cell phone, distracted for any other reason, or did anything else that you believe caused the accident, you should contact our Palm Beach personal injury law firm immediately.

Recently, the Florida Department of Highway Safety and Motor Vehicles issued its traffic crash facts for 2010. While there has been a decline in traffic deaths—there were 2,563 Florida traffic fatalities in 2009 and 2,444 Florida traffic deaths in 2010—the state did see an increase in Florida pedestrian deaths with 499 lives lost in 2010 compared to the 482 Florida pedestrian fatalities in 2009.

More 2010 Florida Traffic Facts:
• 4,925 Florida bicycle crashes
• 76 bicycle deaths
• 4,600 bicyclist injuries
• 7,484 Florida motorcycle accidents
• 350 motorcycle deaths
• 33 motorcycle passenger fatalities
• 6,686 motorcyclist injuries
• 80 teen driver deaths
• 64 teen passenger fatalities
• 26,848 teen car crashes
• 10,563 teen drivers hurt
• 7,980 teen passengers injured

While Florida Personal Injury Protection (PIP) insurance will cover some injuries and damages, when serious injuries are involved this may not be enough to cover medical expenses, lost wages, and funeral and burial expenses, and other damages.

Alcohol suspected in crash that leaves one dead, four hurt in Palm Beach Gardens crash, Sun-Sentinel, September 30, 2011

Teen killed in Palm Beach Gardens crash 'could do anything', Palm Beach Post, September 30, 2011

2010 Traffic Safety Facts, Florida Department of Highway Safety and Motor Vehicles (PDF)

Related Web Resources:
MADD

Teen Drivers, CDC

More Blog Posts:
Pregnant Mom and Unborn Baby Killed in South Florida Wrong-Way Driving Accident on I-75, Florida Injury Attorney Blog, August 19, 2011

Florida Wrongful Death Lawsuit Blames Volusia County for Truck Accident on Beach that Killed 4-Year-Old, Florida Injury Attorney Blog, August 11, 2011

Ex-NBA Player Alonzo Mourning Sued Over Miami-Dade Car Collision, Florida Injury Attorney Blog, July 21, 2011

Continue reading "Drunk Driving May Have Been a Factor in Palm Beach Garden Car Crash That Killed One Teen & Sent Four People to the Hospital" »

A South Florida wrong-way car crash on Interstate 75 this morning has claimed the lives of three people. Among the victims are a pregnant mom and her unborn baby. A third victim, a man, was pronounced dead at the crash site. Two other adults were also hospital.

The deadly collision shut down the area of road between Miami Gardens Drive in Miami-Dade County and Miramar Park in Broward County, Florida. More specifics regarding the traffic crash are not available at this time.

Wrong-Way Driving Accidents
Unfortunately, wrong-way driving crashes are a serious cause of Miami personal injury and wrongful death. Drunk driving, vehicle malfunction, speeding, distracted driving, drugged driving, driver error, and driver inexperience are just some of the reasons why a motorist might end up going the wrong way up a road or highway. Other common errors that can lead to a Palm Beach wrong-way driving accident include the driver entering a freeway through the exit ramp or exiting through the entrance ramp, getting confused about which side of the road to be driving on, or going the wrong way down a one-way street. Another cause of wrong-way driving crashes is poor signage that can lead a motorist to become confused.

With wrong-way driving crashes, many times the other motorist or pedestrian will not be expecting a vehicle going the wrong direction. This means that a victim likely will be caught by surprise and may not have time to take the preventive measures necessary to avoid getting hit. Many wrong-way driving accidents can result in head-on crashes, which can be leave someone fortunate enough to survive with facial injuries, traumatic brain injuries, organ damage, and other catastrophic injuries.

To prove that a party is negligent, you will want to work with a Ft. Lauderdale car accident law firm that has the resources to gather and preserve evidence, interview witnesses, request the necessary documents from the responsible party, accurately assess your injuries and other damages and what all of this will cost you, and knows how to obtain the maximum recovery possible for your case whether in or out of court.

Our Hollywood, Florida motor vehicle crash lawyers know the toll that an accident can take on you and your loved ones. We cannot heal our client’s injuries or bring back the loved one that you've lost, but we can help hold the negligent parties responsible. There may even be more than one party who should be held liable for your injuries.

Man, Pregnant Woman Killed in Crash on I-75, NBC Miami, August 19, 2011

I-75 crash kills 3, including unborn baby, WSVN, August 19, 2011

Related Web Resources:
Car Accidents Caused by Negligence, Nolo

Florida Highway Patrol

More Blog Posts:
Ex-NBA Player Alonzo Mourning Sued Over Miami-Dade Car Collision, Florida Injury Attorney Blog, July 21, 2011

Miami ATV Accident: Two Injured After Being Struck by Police Officer on South Beach, Florida Injury Attorney Blog, July 8, 2011

Florida Highway Patrol Name Wrong-Way Driver in Deadly Delray Car Collision, Florida Injury Attorney Blog, March 19, 2008

A year after 4-year-old Aiden Patrick was fatally struck by a truck on New Smyrna Beach, his family is suing Volusia County and the driver of the vehicle for his Florida wrongful death. The plaintiffs contend that the county should have taken the appropriate steps to make the beach safe for beachgoers.

The Florida pickup truck accident took place in July 2010 when Aiden, who was running toward the water, was hit by a truck driven by Donovan Sias. Even though he was not charged in the accident—troopers determined that he couldn’t see the boy and he wasn’t speeding—the family is also suing Sias for Aiden’s Florida wrongful death.

Since 1995, there have been 49 Florida beach-driving accidents on Volusia County resulting in injury or death. Aiden’s family wants an amount of financial compensation that exceeds the limits set by sovereign immunity law, which they say should not apply because considering the history of accidents that have occurred on its beaches the county knew New Smyrna Beach could be a dangerous place.

It was just less than two weeks ago that a woman was run over by a patrol truck on Daytona Beach. 35-year-old Erin Michelle Joynt was on her stomach sunbathing when the truck drove over her mid-section. Her kids saw the accident. She was rushed to the hospital in critical condition. The truck’s 21-year-old truck driver, who is also a part-time lifeguard, reportedly did not see her. However, although he was given a driving-safety manual, he never underwent the 16-hour beach driving course that addresses the hazards involved in beach driving.

Elsewhere in Florida, last month a woman sustained a traumatic brain injury and her friend was injured in a Miami-Dade ATV accident on a beach. Kitzie Nicanor and Luis Almonte were walking on the beach before dawn when an ATV driven by Police Officer Erick Kuilan hit them. Nicanor also injured her heart and had to have her spleen removed.

Meantime, Kuilan, who had alcohol in his system that exceeded the BAC limit of .08%, was charged with two counts of driving under the influence and two counts of reckless driving resulting in bodily injury. A couple of weeks later, a Miami personal injury lawsuit was filed against Kuilan and the Clevelander Hotel, which was where the cop had been drinking. She also may file a Miami-Dade County personal injury lawsuit against the city of Miami Beach.

When vehicles are allowed on the beach, it is important that proper safety measures are in place to protect beachgoers from getting run over—especially when there are sunbathers lying on the sand, who can be hard for a driver sitting in a motor vehicle to see. Motorists on the beach must also take extra precautions to avoid hitting anyone—especially small children—that may be playing or sitting outside the driver’s line of vision.

Volusia lifeguard who ran over sunbather didn't take beach driving course, Orlando Sentinel, August 1, 2011

Family sues over beach death, News-Journal, August 10, 2011

Woman Files Lawsuit in Cop ATV Crash, NBC Miami, July 28, 2011

More Blog Posts:
Miami ATV Accident: Two Injured After Being Struck by Police Officer on South Beach, Florida Injury Attorney Blog, July 8, 2011

6 Kids, 1 Man Thrown in Palm Bay, Florida Pickup Truck Crash, Florida Injury Attorney Blog, June 14, 2011

Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011

Continue reading "Florida Wrongful Death Lawsuit Blames Volusia County for Truck Accident on Beach that Killed 4-Year-Old" »

A 21-year-old college student is seeking Miami, Florida personal injury damages from ex-Heat basketball star Alonzo Mourning. The former-NBA star had crashed his Porsche’s into William Candelario’s disabled car on the Julia Tuttle Causeway at around 3am on Sunday. Although Mourning stopped to make sure that Candelario was okay, rather than remain at the accident scene, he went home. It was then that he called police, and they told him to return to the crash site.

Now, Candelario has filed a Miami Beach car accident lawsuit against Mourning, who he says should have stayed at the collision site and made sure he got medical help. It was just before the accident with the NBA star that Candelario was involved in another collision that left his vehicle disabled. Candelario’s Miami personal injury lawyer claims that his client sustained a concussion and experienced memory loss during the first crash, and, as a result, he had to receive emergency room treatment twice.

Miami Car Accidents
If you were hurt in a South Florida car crash, your injuries may be serious enough that you had to seek medical help, take time off work, or must now contend with serious damage to your car. Even though you likely have Florida’s Personal Injury Protection coverage, this may not be enough to cover all your costs, damages, and losses. It is important that you know that there may be legal avenues available to you to allow you to file a claim against the party or parties that may have caused or contributed to your accident or injuries occurring.

For example, motorists involved in Miami Beach car crashes are supposed to stay at the scene, report the incident to the authorities, and if someone was hurt, then make sure the victim gets medical help. Leaving the car accident site without stopping is against the law, and not calling for emergency help when someone is hurt can cause a person’s injuries to become more serious than they could have been had he/she immediately received medical care. Obviously, each Miami personal injury case has its unique details, which is why it is important that you speak with an experienced law firm to find out whether you have a case.

Obtaining any recovery you may be owed can help significantly—especially if you end up with costly medical and rehabilitation expenses or have to take time off from work and lose wages. Permanent injuries can be especially daunting if it means full-time nursing care and disabilities that can prevent you from holding a job or supporting your family.

Alonzo Mourning sued over alleged hit-and-run accident, NBC Sports, June 20, 2011

Ex-Heat star Mourning sued over traffic crash, Miami Herald, June 20, 2011

Related Web Resources:
Car Accidents, Justia

Car Accidents Responsibilities, DMV Florida

Alonzo Mourning, Basketball-Reference

More Blog Posts:
Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, South Florida Injury Lawyer Blog, March 16, 2011

South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others, South Florida Injury Lawyer Blog, April 20, 2011
Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, South Florida Injury Lawyer Blog, April 6, 2011

A long-awaited family reunion turned into a nightmare this weekend when 29-year-old Kitzie Nicanor was hit by an ATV driven by a Miami Beach police officer on South Beach on Sunday morning. Nicanor, who sustained critical injuries in the South Beach ATV accident, was taken to Jackson Memorial Hospital where as of yesterday she was still unconscious and awaiting surgery on her leg. She already has had to have her spleen removed and she has a heart perforation. Also injured was her friend Luis Almonte, who is also in the hospital with injuries.

According to Nicanor’s aunt, Jane Hooker, Nicanor and Almonte were walking toward the shoreline to take pictures of the sunrise when they were struck by an ATV that was moving at a fast pace and without its lights on. The ATV was being driven by Miami Beach police officer Derick Kuilan, who was on duty at the time. He was accompanied by 27-year-old Adelee Sharie Martin, who was unauthorized to be on the vehicle. The two had reportedly just come from the Clevelander Hotel following a bachelor party.

Hooker says that following the Miami ATV accident, Kuilan left the scene. She says that when she reported this to an investigating officer, she was told to “shut up.”

Today, Miami Beach police fired both Kuilan and Officer Rolando Gutierrez, who was also at the Clevelander that night. They are waiting for blood alcohol test results on Kuilan.

If you or someone you love was injured in a Miami motor vehicle crash that you believe was caused by someone else’s careless or reckless actions, you should contact an experienced Miami personal injury law firm right away. Speeding, drunk driving, driving without the lights on, and distracted driving can result in catastrophic injuries and death.

Miami ATV Accidents
All terrain vehicles must be operated with caution. According to the Consumer Product Safety Commission, in the last two decades there have been 6,000 ATV-related injuries and numerous deaths. Sometimes the collision is a result of poor design or ATV malfunction. In other cases, driver inexperience or recklessness played a part. You must explore your legal options.

Miami Beach Cops Fired After ATV Crash, NBC Miami, July 8, 2011

2 officers involved in SoBe ATV accident fired, WSVN, July 8, 2011

Aunt: ATV crash a nightmare, Miami Herald, July 6, 2011

Witness describes police ATV crash that injured 3 on Miami Beach, Miami Herald, July 4, 2011

Related Web Resources:
Miami Beach Police

ATV Safety

ATVSafety.gov

More Blog Posts:
6 Kids, 1 Man Thrown in Palm Bay, Florida Pickup Truck Crash, Florida Injury Attorney, June 14, 2011

Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney, April 6, 2011

Palm Beach Wrongful Death Lawsuit Against Polo Club Founder John Goodman Over Fatal Car Crash Can Proceed, Says Judge, Florida Injury Attorney, June 3, 2010

Continue reading "Miami ATV Accident: Two Injured After Being Struck by Police Officer on South Beach " »

Nine people were injured—six children and three adults —when the pickup truck that they were riding flipped over on Monday evening. The six kids and one of the adults, a male, were on the bed of the truck at the time and they were thrown onto Interstate 95 close to Palm Bay. Fortunately, no one was seriously hurt. The single-car collision happened after one of the tires separated from the vehicle. Charges over the Palm Bay car accident are expected.

Unfortunately, tire-related crashes are more likely to occur in hot weather. This is why drivers must check their vehicle’s tires for signs of wear and tear before getting on the road. Between 2005 and 2009, the National Highway Traffic Safety Administration says that about 116,000 people got hurt and 3,400 people were killed in accidents caused by tire malfunctions, defects, blowouts, and separation.

If failure to properly maintain one’s tires caused a South Florida traffic crash, the driver or whoever’s job it was to check them to make sure they were safe for use could be held liable for personal injury. If the tire manufacturer made defective tires or the company that installed the tires did a poor job and either of these negligent acts caused a motor vehicle accident, then these parties could be held liable too. Also, depending on the specifics of your Florida traffic crash, the person driving the vehicle could get sued for placing others in danger. For example, it is illegal for anyone who is a minor to be riding on the bed of a pickup truck bed on a limited-access highway. One argument that a Palm Beach injury lawyer might have in an accident such as this one is that the driver allowed minors onto the truck bed and, as a result, they got hurt when the crash happen.

Although Florida motorists usually do have $10,000 minimum in PIP (personal injury protection) to cover the individual, his/her child, members of the same household, and passengers that don’t have PIP or own a vehicle, this may not be enough to cover medical expenses and related costs from a motor vehicle crash if the injuries are very serious.

Six children, man thrown from pickup in I-95 crash near Palm Bay, Palm Beach Post, June 14, 2011

What is "Personal Injury Protection" (PIP) insurance?, Florida Highway Safety and Motor Vehicles

Continue reading "6 Kids, 1 Man Thrown in Palm Bay, Florida Pickup Truck Crash " »

According to AAA, about 1.5 million Floridians are expected to get into cars and travel over the Memorial Day weekend. Another 1.8 million will likely get on a bus, airplane, or train to go somewhere. Still others are expected to get on their chosen mode of transportation and head to Florida.

With so many people traveling, the chances of a South Florida traffic crash happening can go up. Speeding, unfamiliarity with the roads, drunk driving, distracted driving, and congested traffic that can trigger impatience and shorten tempers, are just some of the reasons why car accidents may occur over the holiday weekend. Our Miami motor vehicle crash lawyers hope that you arrive safely to and from your different destinations. However, accidents can happen and driver error or carelessness is a common cause.

You may not be able to control the behavior of other drivers, but there are safety precautions that you can take to protect yourself and decrease the chances you will be involved in a traffic crash, including:

• Don’t speed
• Give yourself plenty of time to get to your destination
• Inspect your car’s tire pressure, fluids, and wipers before going anywhere
• Get an oil change if it’s time for your car to have one.
• Be a defensive driver
• Know where you are going
• Be aware that some vehicles, such as large trucks, have blind spots
• Be patient on the road. Know that everyone just wants to get to wherever they are going safely
• Don’t drive while distracted
• Pay attention
• Don’t tailgate
• Use a safety belt
• Don’t drive while drunk or let anyone else whose drunk drive your car
• Obey traffic rules
• Watch out for pedestrians

If you or someone you love was injured because of someone else’s carelessness or recklessness, contact our Palm Beach car accident lawyers today.

Hitting Florida roads this weekend? Here's what to know about gas prices, travel, savings, Sun-Sentinel, May 26, 2011

Related Web Resources:
Florida Department of Highway Safety and Motor Vehicles

NHTSA

More Blog Posts:
Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers, Florida Injury Attorney Blog, May 4, 2011

Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011

Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney Blog, March 16, 2011

A bill has now been approved by both the House and the Senate that will likely alter the landscape of who is held liable in Florida auto products liability lawsuits. SB142 requires juries to “consider the fault of all persons” who played a role in causing the traffic crash when trying to determine damages in this type of case. Governor Rick Scott is expected to sign the bill into law.

The new law would neutralize and overturn a Florida Supreme Court ruling from 2001 when the justices said that evidence of what primarily caused the crash, such as a drunken driving or driver error, cannot be brought into defective product cases. In D’Amario v. Ford Motor Co, the justices reversed the decision of the jury in siding with automaker. Ford had claimed that a teenage passenger sustained severe burns and lost three limbs because the driver of the car had been drunk and speeding and crashed the car. The victim's mother Karen D ‘Amario, however, contended that the blast wouldn’t have occurred if the relay switch on the fuel pump hadn’t been defective. When issuing their ruling, the justices determined that evidence of driver negligence confused the jury and should not be brought into cases in the future alleging “enhanced” injuries.

Florida Auto Products Liability
Now, more than ever, it is important that you are represented by an experienced Miami personal injury firm that knows how to make sure you obtain the maximum recovery possible from all liable parties. Car manufacturers are supposed to ensuring that their vehicles and accompanying parts have no defects that could cause serious injuries or deaths during a traffic crash. Examples of common auto defects include those involving:

• Sport utility vehicle rollovers
• Tire blowouts
• Roof crush
• Seatback collapse
• 15-passenger vans
• Faulty seat belts
• Air bags

That said, there may be other parties who should also be held liable for your Palm Beach car defect injuries.

Fla. lawmakers limit lawsuits against auto makers, Miami Herald, May 4, 2011

Fla. House passes bill changing fault rules in liability cases, Naples News, May 4, 2011

Florida Senate Moves to Curb Liability Suits Against Car Makers, Insurance Journal, March 17, 2011

Related Web Resources:
SB142, The Florida Senate

Florida Governor Rick Scott

Florida Supreme Court

More Blog Posts:
Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others, Florida Injury Attorney Blog, April 6, 2011

Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death, Florida Injury Attorney Blog, November 10, 2009

Continue reading "Florida Products Liability: Bill Could Make It Harder for Victims to Win Damages from Auto Manufacturers " »

Two Weston teens are dead from injuries they sustained in a South Florida pickup truck crash on Alligator Alley on Sunday night. 18-year-old Sasha Abitante and 17-year-old Juan Zambrano were passengers in the Dodge truck, which was transporting six teens from Broward County, when the vehicle went onto the unpaved median and overturned as the driver overcorrected the vehicle twice. Some of the passengers were ejected from the truck and onto the road.

According to the Florida Highway Patrol, 18-year-old Nickolas Wagy, the Weston teen who was driving the truck, was the only one wearing a seat belt. He sustained minor injuries. 18-year-old Fort Lauderdale teens Brian Corbet and Dylan Delgado suffered serious injuries, as did 18-year-old Weston teenager Gabriel Fernandez.

The South Florida teens were coming back from a reggae concert near Naples when the traffic crash happened.

Single-car collisions can prove just as fatal is fatal as Miami auto accidents involving more than one vehicle or a car and a pedestrian or bicyclist. If you are someone who was injured in a Palm Beach single-car crash, it is a good idea to explore your legal options because there may be other parties who should be held liable.

Common Causes of Florida Single-Car Accidents:

• Rollover
• Drunk driving
• Overcorrection
• Distracted driving
• Tire blowouts
• Vehicle defects
• Road defects
• Poor road condition
• Poor weather conditions
• Negligent driving
• Cell phone use
• Text messaging
• Drugged driving
• Speeding
• Driver inexperience

Fellow Weston students mourn, pray for 2 killed, 3 injured in Alligator Alley crash, Sun-Sentinel, April 18, 2011

2 teens killed, 3 injured in Alligator Alley crash, Miami Herald, April 18, 2011

Related Web Resources:
Teen Drivers, Centers for Disease Control and Prevention

What to do after a car accident, MSN

More Blog Posts:
Jury Awards $2.25M Palm Beach County Wrongful Death Verdict in Fatal 2008 Boynton Beach Car Accident, Florida Injury Attorney, March 16, 2011

Number of Broward County and Palm Beach County Traffic Deaths Drop in 2009, Florida Injury Attorney, July 15, 2011

14-Year-Old Oakland Park Girl Dies in Boynton Beach Car Crash Involving Broward County Sheriff’s Office Patrol Vehicle, Florida Injury Attorney, January 26, 2010

Continue reading "South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others " »

Three children were killed in a catastrophic South Florida car crash on Sunday. The driver of the vehicle, Steveroy Hansen from Broward County, is the father of two of the kids. According to Florida Highway Patrol, the traffic accident occurred on Florida’s Turnpike when the 1998 Ford Explorer they were riding experienced a tire blowout, causing the vehicle to strike the retaining wall and another SUV and rolled over.

The names of the children that died are brothers Steve Hansen Jr., 11, and Stephaune Sean Hansen, 1, and family friend Laura Miller, 12. All three of them were ejected from the vehicle. Steveroy Hanson, Abigail Hansen, 8, and family friend Oliva Scott, 14, were transported to a West Palm Beach hospital for treatment of their injuries. Another driver, Barbara Ellen Allen, 50, was taken to a hospital after her Ford Escape was struck by debris from the car crash. Also treated for non-life threatening injuries was Satnarine Burton, 39. His Toyota Highlander was the vehicle struck by Hansen’s car.

Police say that the kids who were ejected may have been improperly belted. The authorities are still trying to determine what happened.

Rollover Accidents
Every year, over 10,000 people are injured in rollover crashes. For many of those fortunate enough to survive, they may be left with severe head trauma, traumatic brain injuries, spinal cord injuries, internal injuries, paralysis, mental trauma, emotional anguish, or other debilitating injuries. Not only is it a motorist’s responsibility to drive safely to avoid involvement in a Palm Beach rollover accident, but also, the car manufacturer must make sure that the vehicle is designed in a way that doesn’t make it likely to rollover and, if rolling over is a risk—as is common with SUV’s and 15-passenger vans—then adequate safety measures must be put in place in the vehicle protect passengers.

Depending on the circumstances surrounding a Palm Beach car colllision, a number of parties can be held liable for injuries or death. Possible responsible parties may include a driver, a car manufacturer, the government entity responsible for the road where the collision happened, the manufacturer of a defective tire or another faulty auto part, and/or others.

Tire blow out causes fatal accident on Florida Turnpike, ABC Action News, April 4, 2011

3 children killed in turnpike crash, Miami Herald, April 4, 2011

Three Kids Killed, Dad Critically Injured In Turnpike Crash, CBS Miami, April 4, 2011

Related Web Resources:
Rollover, PBS

Tire Defects, Safercar.gov

Related Blog Posts:
Ft. Lauderdale Car Crash on I-95 Leaves Couple that was Ejected from Vehicle in Serious Condition, Florida Injury Attorney, March 9, 2011

Woman Struck by Van Dies in Lauderhill Pedestrian Accident, Florida Injury Attorney, August 11, 2010

Family of Naples Woman Files Collier County Wrongful Death Lawsuit Against School Teacher Over Fatal Florida Truck Accident, Florida Injury Attorney, June 17, 2010

Continue reading "Deadly South Florida Crash Near the Palm Beach County Line Claims the Life of Three Children, Injures Two Others" »

Losing someone you love in any kind of Florida injury accident is devastating—especially when the death may have been caused by another party’s negligence. While suing someone for Palm Beach wrongful death won’t bring your loved one back, it can allow you to hold the person that you believe was responsible liable. Just last week, the three adult children of Ann Prushansky were able to do that when a jury awarded them $3 million for their mother’s Boynton Beach car accident death. Since they found the 70-year-old woman 25% at fault for the deadly collision, the award against the other driver, Tara Patrice Fradley, was lowered to $2.25 million.

Prushansky died in June 2008 when the vehicle she was in was rear-ended by the car driven by Fradley, 17. At the time, the teen driver was charged with a number of offenses, including DUI manslaughter. However, prosecutors ended up dropping the criminal charges after a judge found that the blood tests were taken illegally.

Jury members in the Boynton Beach wrongful death case weren’t told about the criminal charges or blood test issues. They were, however, notified that Fradley had admitted to taking Xanax and drinking alcohol on the day of the Palm Beach auto accident.

Drunk Driving
Drunken driving fatalities are deaths that could have been prevented—if only a motorist hadn’t been driving while under the influence. People know that driving while drunk is dangerous—yet there are many out there who continue to drive while intoxicated. Granted, some of these motorists may suffer from the disease of alcoholism. That said, it doesn’t matter why someone was driving while drunk—especially if it results in serious injuries or deaths.

Protect Yourself from Drunk Drivers
If you see another motorist doing the following on the road, he/she may be driving under the influence:

• Making very wide turns
• Driving over the lane marker
• Weaving the vehicle from side to side
• Wrong-way driving
• Driving extremely fast or at an unreasonably slow speed
• Narrowly missing another vehicle
• Following another auto too closely
• Stopping in the middle of the road or freeway for no reason

Stay away! If possible, report to police. Always use a seat belt.

Children awarded $2.25 million in crash that killed mother in Boynton Beach, Sun-Sentinel/The Palm Beach Post, March 15, 2011

Related Web Resources:
Drunk Driving Penalties in Florida, DMV Florida

Drinking & Driving, Alcohol

More Blog Posts:
Retired Major League Baseball Player Jim Leyritz Settles Fort Lauderdale Wrongful Death Lawsuit with Family of Woman Killed in Broward County Car Accident, Florida Injury Attorney Blog, May 26, 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, Florida Injury Attorney Blog, February 16, 2010

Mother Awarded $330 Million Florida Car Accident Verdict Over Daughter’s Wrongful Death, Florida Injury Attorney Blog, November 10, 2009

A man and a woman suffered serious injuries after they were thrown from their auto in a Fort Lauderdale traffic accident on Interstate 95 near Sunrise on Monday. According to police, Donald Williams, 21, lost control of the Ford Explorer, resulting in the vehicle striking a guardrail and crossing the north bound lanes as Williams and Jessica Lynn Welch, 20, were ejected from the SUV. The driverless vehicle then struck a Hyundai Electra, driven by Hollywood, Florida resident Steven A. Pico, who did not sustain any injuries. Meantime, a Ford Crown Victoria hit Welch, who ended up pinned under the auto.

Police are investigating the Fort Lauderdale car accident.

Ejections from Motor Vehicles
Getting thrown from a car can result in serious injuries, such as severed limbs, spinal cord injuries, traumatic brain injuries, internal organ damage, disfigurement, broken bones, crush injuries, and death. A vehicle occupant who has been ejected from a car can get hurt not just upon landing—whether on the road, into a guardrail, against a concrete barrier, or onto another vehicle—but he/she is also at risk of getting struck by oncoming traffic.

In some cases, the party responsible for the ejection is the manufacturer of an unsafe vehicle or a seat belt that malfunctioned. In many cases, driver negligence plays a significant role. The negligent driver may be the one operating the vehicle the victim was riding in or another motorist. Sometimes, a vehicle ejection can happen because a road was poorly designed or a traffic light malfunctioned.

Although Florida’s Personal Injury Protection provides some coverage, this may not be enough to cover medical costs, recovery bills, funeral/cremation expenses, lost wages, and other damages.

Couple ejected from car on I-95 in serious condition, WSVN, March 8, 2011

Woman pinned under car after SUV crash on I-95 near Sunrise, Sun-Sentinel, March 7, 2011

Related Web Resources:
What is "Personal Injury Protection" (PIP) insurance?, Florida Highway Safety and Motor Vehicles

Car Accidents, Nolo

Final rule aimed at reducing partial and complete vehicle ejections, NHTSA, January 13, 2011

More Blog Posts:
Woman Struck by Van Dies in Lauderhill Pedestrian Accident, Florida Injury Attorney Blog, August 11, 2010

Family of Naples Woman Files Collier County Wrongful Death Lawsuit Against School Teacher Over Fatal Florida Truck Accident, Florida Injury Attorney Blog, June 17, 2010

Retired Major League Baseball Player Jim Leyritz Settles Fort Lauderdale Wrongful Death Lawsuit with Family of Woman Killed in Broward County Car Accident, Florida Injury Attorney Blog, May 26, 2010

Continue reading "Ft. Lauderdale Car Crash on I-95 Leaves Couple that was Ejected from Vehicle in Serious Condition" »

The US Department of Transportation recently released its Distracted Driving facts for 2009. At this year’s Distracted Driving Summit in Washington DC, US Transportation Secretary Ray LaHood called distracted driving an “epidemic.” While many US states have some type of cell phone driving restriction in place, such as a ban on handheld cell phones or texting and partial restrictions that apply to younger drivers or bus drivers, Florida does not.

In South Florida, our Miami car crash law firm represents clients injured in all kinds of motor vehicle crashes that occurred because other parties were negligent. Distracted driving is a type of negligent driving. While drivers that talk on the phone or text likely never intend to hurt anyone with these seemingly harmless actions, the latest statistics show that distracted driving is dangerous.

2009 Distracted Driving Facts:
• 5,474 traffic deaths
• 448,000 motor vehicle crash injuries
• Cell phone use was a factor in 995 of the distracted driving fatalities and 24,000 of the traffic injury accidents during 2009.
• Distracted driving was involved in 16% of all deadly US crashes and 20% of all traffic injury accidents last year.

Also at this year’s Distracted Driving Summit, Mr. LaHood announced that hazmat truckers will be banned from talking on a cell phone or texting. This, in addition to the Federal Motor Carrier Safety Administration’s formal rule that bus drivers and commercial truckers be permanently barred from texting while driving buses and trucks, will hopefully decrease the number of Florida truck crashes that happen each year.

Although texting and talking on phone are commonly referred to when the subject of distracted driving comes up, they are not the only ways that a motorist can become distracted while attempting to multitask while operating a vehicle. Other examples of "distracted driving" activities that can cause Florida traffic crashes:

• Eating
• Reading a book or a map
• Surfing the Internet
• Watching a movie on a laptop
• Playing games on a PDA
• Playing with or taking care of a pet

Distracted Driving 2009 Facts, NHTSA (PDF)

FMCSA Posts Ban on Texting While Driving, Trucking Info, September 22, 2010

Related Web Resources:
Governors Highway Safety Association

Distracted Driving

Continue reading "NHTSA Reports 5,474 Distracted Driving Deaths in 2009" »

The National Highway Traffic Safety Administration reports that with 2,558 Florida traffic deaths occurring last year, the state saw a 30% decline in highway fatalities from the year before when there were 2,980 Florida motor vehicle crash deaths. Alcohol was a factor in 770 of the 2009 Florida auto crash deaths.

Our Miami car accident law firm considers it good news any time there is a decrease in the number of Florida motor vehicle deaths. This decline in fatalities was also reflected nationally last year in what U.S. Transportation Secretary Ray LaHood is calling the lowest highway fatality number since 1950. Highway deaths dropped from 37,432 in 2008 to 33,808 in 2009.

According to David Strickland, NHTSA’s administrator, anti-drunk driving initiatives and educating people about the importance of seat belt use have contributed significantly to the declining traffic death toll. Law enforcement and safety officials also began taking more aggressive measures to discourage distracted driving, which causes thousands of US traffic crashes annually.

More 2009 US Traffic Safety Facts:
• 2,217,000 Traffic crash injuries
• 17,000 Large truck injuries
• 503 Large truck deaths
• 90,000 Motorcycle accident injuries
• 4,462 Motorcycle crash deaths
• 59,000 Pedestrian accident injuries
• 4,092 Pedestrian accident deaths
• 51,000 Pedalcyclist accident injuries
• 630 Pedalcyclist crash deaths
• 10,839 Drunk driver-related deaths
• 770 Florida drunk driving deaths

Even if you are covered under Florida’s Personal Injury Protection (PIP), you should still explore your Ft. Lauderdale personal injury options. Many Palm Beach car crash injuries are catastrophic and costly and you may want and need to hold any liable parties responsible to help cover your associated damages and costs.

2009 Data Show Major Across-the-Board Declines in all Categories, September 9, 2010
Despite a Slight Increase in Road Travel, NHTSA

Highlights of 2009 Motor Vehicle crashes, NHTSA, August 2010 (PDF)

Related Web Resources:
Florida Department of Transportation

Advocates for Highway and Auto Safety

In South Florida this morning, another pedestrian suffered fatal injuries during a Lauderhill traffic accident when she was hit by a van on Inverrary Boulevard. The impact of the collision pushed the middle-aged woman onto the van’s windshield even as the vehicle traveled at least another 60 feet before stopping. The driver of the van sustained minor back injuries. Meantime, the Broward County pedestrian accident victim died on her way to a Fort Lauderdale hospital.

Today’s Lauderhill pedestrian accident comes a little over a month after another van, operated by a civilian accident investigator, struck a woman on a motorized scooter while she was crossing Indian Drive at Westgate Avenue. The woman who was riding the scooter, 68-year-old Barbara Guyton, sustained serious injuries during the Palm Beach County pedestrian accident. An accident report says that the driver, 44-year-old Gerlienus Marie Hester, failed to yield the right of way to Guyton.

Meantime, Palm Beach County authorities have stepped up their efforts to stop the growing number of pedestrian deaths—especially on Lake Worth Road, from Haverhill to Congress, which is often referred to as the “corridor of death.” Between January 1, 2008 and January 1, 2009, there were 25 Palm Beach bicyclist and pedestrian deaths in this area. According to the Florida Highway Patrol, there were 39 Palm Beach County pedestrian deaths and 335 injuries, which makes the county the second deadliest for bicyclists and the fourth most fatal for pedestrians. Florida is considered the deadliest state for bicyclists and pedestrians.

Our Broward County and Palm Beach County pedestrian accidents lawyers represent injury victims and their families. Any preventive measures to stop the growing number of pedestrian injuries and deaths is a step forward in the fight to save lives. Our Fort Lauderdale car accident attorneys know how tough it can be to get your life back on track after you or someone you love was seriously hurt in a traffic crash, and we want to remind you that you have legal options.

Woman struck by van in Lauderhill dies, Sun-Sentinel, August 10, 2010

Condition of scooter rider in crash with Palm Beach County van improves, Sun-Sentinel, July 7, 2010

Authorities work to halt pedestrian and bicyclist deaths on 'corridor of death', Palm Beach Post, July 16, 2010

Rise in pedestrian fatalities in Palm Beach County raises concern, Palm Beach Post, March 20, 2010

Related Web Resources:
Florida Highway Patrol

Florida Pedestrian Safety (PDF)

Continue reading "Woman Struck by Van Dies in Lauderhill Pedestrian Accident" »

A Florida Atlantic University student who sustained burn injuries on more than 50% of his body after he was involved in a Lake Worth car accident last May died today at Jackson Memorial Hospital in Miami. Frantzdy Cherisma was 26.

The college student’s car burst into flames on Interstate 95 on May 18 after his 1997 Nissan sedan was struck by another vehicle while it was stopped in the center lane. According to investigators, Cherisma’s vehicle became disabled when after it ran over the rear bumper of a tractor-trailer that had fallen onto the road. The driver of the vehicle that struck Cherisma’s auto, 39-year-old West Palm Beach resident Kevin C. Dillard, has said that there was another car blocking his view and that this prevented him from seeing Cherisma’s auto until it was too late. Investigators have since found that Dillard was not driving improperly.

Cherisma, who fell unconscious after the Palm Beach County car accident, was reported missing by his family. They eventually found him at the Miami hospital where he was listed under his father’s name.

Road Debris
Road debris can cause serious Miami car accidents, which is why it is so important that the parties responsible for the fallen debris clean it up before anyone can get hurt. Cargo from vehicles, auto parts that have come off a truck or another motor vehicle, garbage from waste haulers, and materials left on the road after a highway construction can lead to flat tires, smashed windshields, and cars colliding with one another in an attempt to avoid the debris, regain control of their vehicle, or avoid striking the other autos on the road.

AAA Exchange says that more than 25,000 North American car accidents a year are a result of vehicles colliding with road debris. 80 to 90 people are killed as a result.

FAU accounting student dies two months after fiery Lake Worth crash, Palm Beach Post, July 20, 2010

Missing FAU student found unconscious at Miami hospital, Sun-Sentinel, May 27, 2010

Road Debris, AAA Exchange

Related Web Resources:
Florida Department of Transportation

The International Society for Burn Injuries

Continue reading "College Student Who Sustained Severe Burn Injuries from Palm Beach County Car Accident Has Died " »

According to a report issued by the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, in 2009, the number of Palm Beach County traffic deaths went down 30% from 2008, while the number of Broward County traffic fatalities dropped 20%.

More 2009 Traffic Statistics from the Report:

• 151 Palm Beach County traffic fatalities
• 189 Broward County traffic deaths
• 2,563 Florida traffic deaths in 2009 (down from the 2,983 traffic fatalities from the year before)
• Traffic deaths in Broward County have been dropping since 2005
• 153 Florida teen driver-related deaths (193 fatalities in 2008)

Our Miami car accident lawyers are always happy to hear about any decline in traffic crashes, injuries, and deaths. That said, if you or someone you love was injured in a Broward County car crash or a Palm Beach County motor vehicle collision, it is important that you explore your legal options right away.

Also, there is more good news in terms of declining South Florida traffic deaths. Two years after the state launched a safety campaign to decrease the number of Florida motorcycle fatalities, these efforts are continuing to pay off. In 2009:

• Florida motorcycle deaths dropped 24%
• Broward County motorcycle fatalities involving passengers and drivers saw a 38% drop
• Palm Beach County motorcycle deaths declined by 47%
• There are 30,990 registered Palm Beach County motorcyclists
• There are 44,349 registered Broward, County Florida motorcyclists

Traffic injuries can be life-altering for the victim and his/her family. While Florida’s Personal Injury Protection provides some coverage, it may not take care of expenses that can be incurred from living with a permanent traumatic brain injury, a spinal cord injury, or another type of catastrophic injury, as well as cover any loss of income and/or benefits that a person would have earned if only he/she would have been able to keep working. We know that no amount of money financial recovery can make up for losing your loved one but it can provide some relief for damages, injuries, losses, and expenses.

raffic fatalities in Palm Beach, Broward counties drop, Sun-Sentinel, July 15, 2010

South Florida motorcycle deaths down after more than a decade of increases, Sun-Sentinel, July 14, 2010

Traffic Crash Statistics Report 2009, Florida Highway Safety and Motor Vehicles (PDF)

Related Web Resources:
Florida Department of Transportation

Florida Highway Safety and Motor Vehicles

The family of Bree Kelly is suing Collier middle school teacher Andrea Kidder and her husband Matthew Kidder for Florida wrongful death. Kidder is the driver that struck the sport utility truck that Kelly, a 22-year-old Naples resident, was a passenger in on November 13, 2009.

n their Collier County motor vehicle crash lawsuit, Kelly’s parents March and John, and her sister Ashlee Rose are accusing Andrea of speeding, driving drunk, and of driving her vehicle into the truck that Andrea was riding.

Blood tests to determine Kidder’s blood-alcohol content are still pending and a police report notes that excessive speed and careless driving appear to have been involved. To date, however, no citations or criminal charges have been filed against Andrea over the deadly Florida auto crash.

According to the Florida Highway Patrol, Andrea was driving her 2005 Infiniti G35 sport sedan behind a 2001 Ford Explorer Sport Trac pickup truck operated by Nicholas P. Mason, age 19, on I-75 at a speed above the 70 mph speed limit. She allegedly failed to respond quickly enough as Mason’s truck started to slow down.

Instead, Andrea rear-ended the truck, which caused it to spin out of control until it overturned several times on the grassy shoulder. Kelly, who was riding in the front seat of the truck and did not have her seat belt on, was thrown from the truck.

Kelly’s family is seeking wrongful death recovery damages for funeral costs, medical and emergency costs, funeral-related bills, lost future income, and other damages.

According to a 2008 article in Science Daily, about 31% of US car crashes are rear-end collisions. This type of auto accident can result in serious injuries for everyone involved, including soft tissue injuries, neck injuries, back injuries, spinal cord injuries, head injuries, brain injuries, whiplash, facial injuries, knee and ankle injuries, carpal tunnel injuries, and in some cases, death.

Fatal I-75 crash in 2009 spawns lawsuit against Collier teacher, Naples Daily News, June 13, 2010

Human Factors Psychologists Study How To Avoid Rear-end Collisions, Science Daily, May 1, 2008

Related Web Resources:
Florida Department of Highway Safety and Motor Vehicles

Insurance Institute for Highway Safety

A judge says that the Florida wrongful death lawsuit against polo club founder John Goodman can move forward. Goodman, 46, is being sued by the parents of Scott Patrick Wilson, who died in a Palm Beach car crash on February 12.

According to investigators, Goodman, who was riding his Bentley convertible, ran a red stop sign before hitting Wilson’s vehicle. The impact of the car crash caused Wilson’s auto to flip over into a canal where he drowned. The polo magnate drove away from the Palm Beach County car accident site and waited nearly an hour before calling the police. According to test results, Goodman’s BAC was 0.117% even three hours after the fatal accident.

Wilson’s parents Lilli and William Wilson are accusing Goodman of not just getting behind the steering wheel of his Bentley while drunk, but also of using “controlled substances” either earlier that day or the day before. They also contend that Goodman did not make any attempt to rescue their son who he knew was seriously injured and likely drowning.

Goodman, who pleaded not guilty to the charges of vehicular homicide, DUI manslaughter, and failing to render aid in the car crash death, has entered a written plea of not guilty. He is demanding a jury trial.

He had sought to have the Palm Beach wrongful death lawsuit halted until he resolves the criminal charges against him. His defense attorney had argued that since Goodman would likely to have to exercise his Fifth amendment right against self-recrimination to prevent any responses he gave for the civil case from being used against him during a criminal trial, it was more logical to place the family’s lawsuit on hold.

The Wilsons are also suing the International Polo Club Palm Beach, which Goodman owns, and The Players Club, the establishment where he was drinking before the Palm Beach car crash happened. The bar’s employees are accused of continuing to serve Goodman alcohol that night even though he was “obviously drunk” and known for being an alcoholic.

Judge: Wrongful death suit against polo magnate Goodman can proceed despite pending criminal case, The Palm Beach Post, May 28, 2010

Polo Mogul's Tactic in Crash Case: Delay, Delay, Delay, New Times, May 28, 2010

Related Web Resources:

Wellington polo boss John Goodman involved in deadly crash; booze could have been factor, Page2Live.com, February 12, 2010

Drinking and Driving, 2Potsdam.edu

Ex-MLB player Jim Leyritz, and the family of Plantation resident Fredia Veitch have reached an agreement settling their Fort Lauderdale wrongful death lawsuit against him. The 30-year-old Veitch was killed on December 28, 2007 when her vehicle was struck by Leyritz’s SUV, which ran a red light at around 3am. The impact of the Fort Lauderdale car crash threw Veitch from the driver’s seat and caused her to sustain fatal injuries.

Police say that Leyritz was drunk when they apprehended him. Not only did he fail to pass a number of sobriety tests, but also he would refused to voluntarily undergo Breathalyzer and blood tests. He is charged with DUI manslaughter. His trial is scheduled for July.

Under the terms of their Fort Lauderdale wrongful death settlement, Leyritz’s insurer will pay Veitch’s husband and two young children, Kayla and Julian, $250,000. Leyritz will personally pay the family $1,000 each month for the next 100 months.

Leyritz is charged with manslaughter over Veitch’s death and he is awaiting his criminal trial.

Drunk Driving
Each year, thousands of people are killed in US drunk driving crashes. Alcohol numbs the brain, slows reflexes, impairs the senses, delays reaction time, and suspends a person’s judgment. All of these effects make a recipe for a motor vehicle crash disaster. While filing a Broward County car accident lawsuit won’t bring your loved one back or make your injuries disappear, you may be able to hold a drunk driver liable and obtain compensation that can help cover your medical and recovery costs.

As a motorist on the road, you may not be able to stop other drivers from driving drunk. However, here are a some signs that can serve to warn you that a driver may be drunk:

• Weaving while driving
• Driving much slower or faster than the speed limit
• Headlights are off
• Making excessively wide turns
• Driving over the lane marker
• Wrong-way driving
• Sudden stops even while traffic is still moving

Retired ballplayer Leyritz settles wrongful death suit from crash, Sun-Sentinel, May 24, 2010

Family of woman who died in Jim Leyritz car crash tries to cope with loss, NY Daily News, December 30, 2007

Related Web Resources:
Impaired Driving, CDC

Florida DUI and Administrative Suspension Laws, FLorida Highway Safety and Motor Vehicles, Florida Department of Highway Safety and Motor Vehicles

A young boy has died in a Broward County, Florida car accident. The four-car collision happened on Friday night.

Police say that Miami Gardens resident Jorge Pascual did not slow and/or stop his 1999 Ford Explorer and rear-ended a 2002 Kia. Riding in the front-seat of the Kia was 53-year-old Patricia Berrio, a Miami resident. She was admitted to Memorial Regional Hospital in serious condition.

Also involved in the Pembroke Pines motor vehicle crash were vehicles driven by Mark Jensen, a Miramar resident, and Richard Quintero of Pembroke Pines.

Florida Multi-Vehicle Crashes
Proving liability when there are multiple vehicles involved can be tough. This is one reason it is important to consult with a Pembroke Pines car crash law firm about your case.

Common causes of multi-vehicle crashes include speeding drivers, distracted drivers, drivers that are following too closely, drunk drivers, drugged drivers, and vehicles with defective breaks. Chain reaction collisions have a higher risk of happening during rush hour when traffic is heavy and/or slow in certain pockets of the road.

There may be one than more motorist/party that should be held liable for the Broward County car accident that caused your Florida personal injuries or the wrongful death of your loved one. Most motorists never intend to cause injury or death to others. That doesn’t mean that they shouldn’t be held liable in civil court for the harm caused and costs and losses incurred by the victims. Negligent drivers may even be subject to criminal charges.

Boy killed in Pembroke Pines crash, Sun-Sentinel, April 3, 2010

Related Web Resources:
Florida Traffic Laws

What to do after a car accident, MSN

Car Accidents Overview, Justia

Continue reading "Boy Killed in Pembroke Pines Car Accident" »

According to USA Today, 18-year-old Maria West died when she lost control of her vehicle while she was texting. She was partially ejected during the rollover crash and her skull was crushed. Another avid texter, 23-year-old John Bradley Breen, died in a car crash while texting with a young woman he was planning to date.

At this time, the state of Florida doesn’t have any laws prohibiting motorists, including teens and school bus drivers, from texting while driving. However, a House committee has pushed through a bill that would make texting a secondary offense. This means that a Florida cop would have to apprehend a motorist for some other reason before being able to cite him/her for texting.

Even though this distracted driving habit is legal in the state, our Miami car accident lawyers want to remind all of you of the catastrophic consequences that can result. Texting while driving is distracted driving, which is careless and reckless conduct. It increases your chances of becoming involved in a Palm Beach motor vehicle accident and it is a senseless way to die and/or accidentally kill or injure a pedestrian, another motorist, or the person riding with you.

Now, AT & T is kicking off a national campaign that warns about the dangers of texting while driving. True stories, including the last texts that were sent or received before certain tragic distracted driving accidents occurred, are part of the campaign. The messages that the wireless service provider hopes to communicate are: "Textng & Driving ... It Can Wait." and "No text is worth dying over."

AT & T hopes to especially impact teen drivers with the campaign. Teens are among those most likely to disregard the warning that texting while operating a motor vehicle is dangerous. With teens more easily prone to distraction and less experienced than adult drivers, texting teen drivers are a danger to everyone on the road, including themselves.

Texting Safety Tips from AT & T:

• Don’t text while driving
• Don’t text someone that you know is driving
• Don’t let people text while driving

AT&T Txtng & Drivng Campaign Urges Consumers That 'It Can Wait', PR Newswire, March 8, 2010

Word to youth: Texting, driving don't mix, USA Today, March 7, 2010

Related Web Resources:
Texting and Driving, AT & T

Cell Phone and Texting Laws, Governors Highway Safety Association

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, Virginia Tech News, July 29, 2009

Texting while driving puts Florida at center of national debate, Miami Herald, March 11, 2010

Continue reading "Prevent Florida Distracted Driving Collisions by Discouraging Motorists From Texting" »

One more activity has been added to the list of distracted driving activities that motorists shouldn’t do when driving: Shaving. On March 2, the Florida Highway Patrol arrested 37-year-old Megan Barnes after she allegedly caused a Florida Keys car accident while shaving her bikini area.

Barnes’ 1995 Thunderbird crashed into the sport utility vehicle in front of her as it slowed down to make a turn. Two of the people riding the SUV sustained minor injuries during the motor vehicle crash.

Barnes reportedly told trooper Gary Dunick, the arresting cop, that she was shaving because she was getting ready to meet her boyfriend. Her ex-husband Charles Judy, who was riding in the vehicle with her, held the steering wheel she shaved.

This is not the first time that Barnes has gotten in trouble with the law over her driving habits. The woman who internet punsters are calling Florida’s “Pubic Enemy” had just been convicted of driving on a suspended license (her sixth suspension) and DUI.

Following the Florida car crash, the former couple drove a little way off and allegedly tried to switch seats to make it appear as if Judy had been driving. Seeing as Judy had burn marks on his body and it was the driver’s side airbag that deployed, that alleged ploy didn’t work.

Barnes is charged with reckless driving, driving with a revoked license, driving without insurance, and leaving the scene of an accident.

Our Miami car crash law firm cannot stress the importance of staying focused while driving. Unfortunately, in Florida and the rest of the US, distracted driving continues to be a cause of many personal injuries and wrongful deaths. In January, a drowsy truck driver was charged with second-degree manslaughter for a distracted driving truck accident that left 33-year-old Judy Stratton dead. Trucker Thomas Wallace was allegedly watching porn on his laptop when the deadly collision happened.

Other Examples of Distracted Driving Activities:

• Text messaging
• Putting on makeup
• Painting nails
• Talking on the cell phone
• Surfing the Internet
• Playing board games
• Watching movies
• Reading

Cops: Woman Crashes Car While Shaving Her Privates, ABC News, March 11, 2010

Truck Driver Watching Porn Movie, Kills Mother of Two, MyFOXdetroit, January 28, 2010

Related Web Resources:
Distracted Driving, National Highway Traffic Safety Administration

Florida Department of Transportation

Continue reading "Woman Driver Accused of Causing Florida Keys Car Crash while Shaving " »

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" »

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" »

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

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

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" »

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

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

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" »

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" »

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" »

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

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" »

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

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

Continue reading "6-Month-Old Baby Dies in Florida Auto Crash with Red-Light Runner" »

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

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

Continue reading "Five Boynton Beach Children Injured in Florida Car Crash on I-95" »

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

Continue reading "NHTSA Says Number of Traffic Deaths Declined in 2007" »

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

Continue reading "City of Fort Lauderdale Considers Catching Red-Light Runners on Camera" »

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

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

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

Continue reading "West Palm Beach Artist Awarded $2.1 Million for Traumatic Brain Injury from Car Accident " »

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" »

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" »

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" »

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" »

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" »

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" »

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" »

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 " »

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" »

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" »

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" »

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" »