November 29, 2012

Dump Truck Driver Killed in Florida Train Crash During Intersection Collision

A 44-year-old dump truck driver was killed today when his vehicle was struck by an Amtrak train that was heading to Miami. The deadly Florida train accident happened at an intersection south of Orlando.

The impact of the collision was so forceful that the dump truck, which was transporting rocks, broke in two and the trailer and the cab became disconnected. The truck driver, 44-year-old Seeram Matadial, was thrown from the truck and died immediately. On the train, two crew members sustained injuries from accident, while at least 15 passengers were evaluated and treated for minor injuries at the scene. 10 were sent to hospitals as a precautionary measure.

According to Florida Highway Patrol, the train was moving at about 60 mph, which is 10 miles under the posted speed limit for trains in that area. The truck-train crash happened at an uncontrolled intersection.

Currently, there are signs warning that this is a railroad crossing but there are no signals or arm bars to warn when a train is approaching. This area of track belongs to the Florida Department of Transportation. A spokesperson for the state department noted, however, that there is a stop sign mandating that drivers stop and look in both directions before going through. Crossing arms and flashing lights are scheduled to be installed at this particular intersection next year.

Florida Train Accidents
If you or someone you love was injured in a South Florida train accident, please contact Trop and Ameen, PA, today. Our Miami personal injury law firm represents clients throughout the region and we would be happy to provide you with a free case evaluation.

Train collisions often result in multiple injuries because so many people are usually involved. Victims may include train passengers, pedestrians, train workers, railroad employees, and/or the occupants of any other vehicles involved. Common causes of train crashes include:

• Driver distraction
• Speeding
• Train equipment malfunction
• Derailment
• Operator fatigue
• Poorly designated rail crossings
• Poor visibility around intersection crossings
• Malfunctioning crossing equipment
• Pedestrian inattention
• Failure by operator to warn that a train is approaching
• Trains parked so close to a crossing that they block the view of oncoming trains.

You want to work with a Hollywood, Florida injury law firm that is experienced in handling train crash cases. Depending on who/what caused the accident, possible liable parties may include the public entity or company that owns/runs the train, the train track owner, engineers, the manufacturer of any equipment that malfunctioned, the driver of the other vehicle involved, and others.

Shock, then panic as Miami-bound Amtrak train strikes dump truck, Sun-Sentinel, November 29, 2012

Amtrak Train Crashes Into Dump Truck Outside Orlando, CBS Miami, November 29, 2012


More Blog Posts:
Florida Supreme Court Rules on 2005 Palm Beach County Car Accident Lawsuit to Find that Second Driver in a Rear-End Crash Isn’t Always the Only One At Fault, Florida Injury Attorney Blog, November 23, 2012

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

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

Continue reading "Dump Truck Driver Killed in Florida Train Crash During Intersection Collision" »

February 2, 2012

Florida Auto Pile Up Kills 11, Injures At Least 18

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

December 8, 2011

NHTSA Reports 2,445 Florida Traffic Deaths in 2010

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" »

December 2, 2011

Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash

Devon Quigley, the son of PGA golfer Dana Quigley, sustained serious head injuries when his BMW crashed into the back of a semi-truck on Wednesday. The 27-year-old was going home to West Palm Beach at around 11:15pm when the Riviera Beach truck accident happened.

Police are trying to determine what happened and who was at fault. Photographs of the Palm Beach County semi-truck crash show Dana’s car driving under the rear end of the truck.

Truck Underride Crashes
According to statistics, over 350 people a year are killed in truck underride accidents. Truck underride accidents usually involve a smaller vehicle sliding underneath the front, side, or back of a truck during a collision. This can prove catastrophic for the occupants of the smaller vehicle, who may be crushed or beheaded from going under the truck.

Although sometimes truck underride crashes are the fault of a negligent driver, they can also occur because the other driver committed an error. However, even if that happens to be the case, there is the possibility that the truck may have been outfitted with inadequate protections that failed to prevent this type of truck crash from happening.

According to the Insurance Institute for Highway Safety, when it tested rear impact guards that met US safety standards, they gave way during crashes. This allowed a smaller vehicle, which was going a mere 35 miles an hour, to drive right under the trailer. The IIHS says that if anyone had been in the auto at the time, he/she would never have survived.

In real life, if a Palm Beach truck underride crash could have been prevented if only sturdier rear-end guards had been in place, there could be grounds for a Florida products liability case against the truck manufacturer or the underride guard maker. Anyone injured in this or any type of Palm Beach County motor vehicle crash should contact an experienced Riviera Beach personal injury law firm right away.

Son of golf pro critically injured in Riviera Beach crash, Palm Beach Post, December 2, 2011

Truck Underride Accidents: Drivers Endangered When Cars Slide Under Trailers, ABC, March 1, 2011

Underride guards on big rigs often fail in crashes; Institute petitions government for new standard, Insurance Institute for Highway Safety, March 1, 2011


More Blog Posts:

Preventing Florida Truck Accidents: NTSB Recommends Banning Commercial Drivers from Texting and Cell Phone use While Driving, Florida Injury Attorney Blog, September 14, 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

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

Continue reading "Pro Golfer’s Son Sustains Head Injuries in Palm Beach County Semi-Truck Crash" »

September 14, 2011

Preventing Florida Truck Accidents: NTSB Recommends Banning Commercial Drivers from Texting and Cell Phone use While Driving

The National Transportation Safety Board is recommending that all states ban commercially licensed drivers from talking on the cell phone or texting while operating their vehicles. The recommendation comes in the wake of federal officials confirming that the 2010 tractor-trailer truck crash in Kentucky that killed 11 people occurred because the trucker became distracted while talking on his cell phone. The victims that died included the truck driver and 10 of the 12 people in the van that was struck. Two young children survived the crash with injuries. Most of the victims were from the same family.

Per the investigation into the deadly truck crash, truck driver Kenneth Laymon had been texting and talking on his phone in the hours leading up to the collision. Fatigue was also a factor, as was the failure of the cable barriers located along the median of the road where the accident happened. The semi-truck crash occurred 13 hours into Laymon’s drive and 437 miles from his departure point.

The NTSB doesn’t have the authority to ban commercial drivers from cell phone conversations and texting, which is why it is making the recommendation to all 50 states and Federal Motor Carrier Safety Administration.

Distracted Driving
Currently, in Florida there is no ban on cell phone talking or texting. (Other states have partial bans, including a ban on handheld devices, a ban for school drivers and new drivers, and/or a texting ban.) This isn’t to say that state lawmakers haven’t made attempts. Just this last session, several bills were introduced pushing for a texting ban and barring young drivers from using cell phones, but they did not make it through.

This past weekend, cell phone use was believed to be a factor in a Lake Worth car crash that claimed one man’s life. According to WPTV.com, Raynald Petigny may have been texting when he was rear-ended by a truck. Petigny, 35, died at the Palm Beach County, Florida truck accident site.

Texting while driving and talking on a cell phone are proven driver distractions that can cause serious Palm Beach County personal injury and wrongful death. It doesn’t matter whether the person using the phone or PDA is riding a truck, bus, motorcycle, car, or crossing the street. Some 1.3 million auto crashes resulting in thousands of deaths and hundreds of thousands of injuries are a result of this type of careless behavior.

Fed safety agency recommends banning cellphone use, texting by truckers, commercial driver, Washington Post, September 13, 2011

Man stopped on Interstate 95 killed by semi truck, Palm Beach Post, September 10, 2011

Deadly crash is one more reason lawmaker wants a ban on texting behind the wheel, WPTV, September 12, 2011

Cell Phone and Texting Laws, Governors Highway Safety Association


More Blog Posts:

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

NHTSA Reports 5,474 Distracted Driving Deaths in 2009, Florida Injury Attorney Blog, October 5, 2010

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

Continue reading "Preventing Florida Truck Accidents: NTSB Recommends Banning Commercial Drivers from Texting and Cell Phone use While Driving" »

August 11, 2011

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

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" »

May 27, 2011

Extra Safety Precautions Can Prevent Florida Car Crashes Over the Memorial Day Weekend

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

May 4, 2011

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

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 " »

April 20, 2011

South Florida Pickup Truck Crash Kills 2 Broward County Teens, Injures Four Others

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 " »

October 5, 2010

NHTSA Reports 5,474 Distracted Driving Deaths in 2009

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" »

September 23, 2010

Recent Florida Truck Crashes Cause Three Deaths

As our Miami truck accident law firm reported in an earlier blog post, the National Highway Traffic Safety Administration is reporting that there were 503 large truck crash deaths and 17,000 injuries in the US in 2009. Granted, that’s 189 less truck accident deaths and six thousand less truck collision injuries than in 2008, but there is still more that can be done by truckers, other motorists, and others to decrease the number of truck crashes that occur each year.

Just this Tuesday, one man died in a New Port Richey truck accident involving a dump truck and three other vehicles. The Florida Highway Patrol says that the multi-vehicle Pasco County truck collision happened when trucker Daniel Howard Arends failed to stop his 1998 Mack dump truck and rear-ended a 2007 Chevy pickup truck driven by Ruben Echeverria. The pickup truck driver died from his injuries.

Injured in the truck crash were Arends and John Shelak, the driver of a Saturn also involved in the Florida collision, who sustained minor injuries. Bonnie-Jean Shelak, who was a passenger in the Saturn, and Darynn Magee, the driver of a Mustang that was also involved, sustained serious injuries.

Also on Tuesday, Hillsborough deputy Mark Longway was killed when his cruiser was involved in a Tampa semitrailer crash in the downtown area. The Florida semi-truck crash occurred at around 5:18 am as the 48-year-old cop was driving home from his night shift.

Trucker Lamont Ashley, a 39-year-old Davenport resident, claims he had the green light. Police are investigating the Florida-semitrailer crash.

Meantime, the FHP is continuing its search for the driver of a tow truck that fled a Pasco County truck crash site. Killed in the Florida truck crash last Thursday night was 83-year-old Joe D. Sampson, the oldest deacon at Trilby United Methodist church.

FHP say that Sampson’s vehicle had just become disabled after colliding with another auto at the US 98 and US 301 intersection when no more than a minute later, his vehicle was hit by a tow truck that then left the scene. James Cramer, the driver of the other vehicle that was involved in the initial Florida car crash with Sampson’s car, sustained serious injuries.

In South Florida, our Hollywood, Florida truck accident lawyers represent truck crash victims and their families.

Hunt intensifies for hit and run tow truck, Examiner.com, September 19, 2010

1 dead after Port Richey dump truck crash, Tampa Bay Online, September 21, 2010

Hillsborough deputy killed in crash with semitrailer truck in downtown Tampa, St. Petersburg Times, September 22, 2010


Related Web Resources:
NHTSA Reports 2,558 Florida Traffic Accident Deaths in 2009, Floridainjuryattorneyblog.com, September 10, 2010

Trucking Accidents, Nolo

Center for National Truck and Bus Statistics-CNTBS

Continue reading "Recent Florida Truck Crashes Cause Three Deaths" »

September 10, 2010

NHTSA Reports 2,558 Florida Traffic Accident 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

August 25, 2010

Pompano Beach Truck Accident: Florida Power & Light Sued Over Broward County Wrongful Death of Lighthouse Point Man

The Pompano Beach wrongful death lawsuit filed by the family of Edward L. Pyles against Florida Power & Light may go to trial this year. Pyles, 58, was killed in 2009 after a FPL utility truck struck the vehicle he was riding. The tragic Broward County, Florida truck accident happened on December 19 at 8:19 in the morning.

Pyles was headed toward Dixie Highway when the utility truck, driven by FPL employee Steven D. Grosso, tried to make a left turn onto Dixie and struck Pyles’ car. Pyles ended up pinned in his vehicle. He later died at North Broward Medical Center.

While FPL maintains that it is not responsible for the Pompano Beach truck crash that claimed Pyles life—the company has accused him of failing to properly observe the road and avoid the crash—the Sheriff’s Office says that vehicles making a left turn onto Dixie must yield to westbound traffic, which is the direction that Pyles was going at the time.

Witnesses have said that the traffic light for Pyles was green. The Sheriff’s Office report has said that Grosso failed to see Pyles even though the weather was clear and he wasn’t drunk or speeding.

Grosso was acquitted of the charge that he violated Pyle’s right of way. He is not a defendant in this Pompano Beach wrongful death case.

Florida Truck Accidents
In Florida, unless the victim that died is a minor, you usually have two years from the time of your loved one’s death to file your Broward County, Florida wrongful death complaint. You don’t want to miss the opportunity to hold the negligent party or parties liable. Also, the sooner you speak with a Pompano Beach truck crash lawyer, the faster he/she can send someone to examine the accident evidence and start interviewing witnesses while the accounts of what happened are still fresh in their memories.

Common Causes of South Florida Truck Crashes:
• Distracted driving
• Drunk driving
• Failure to obey traffic signs
• Speeding
• Aggressive driving
• Road defects
• Truck defects
• Drowsy driving
• Improper truck maintenance
• Inadequate training
• Trucker inexperience

FPL sued over Lighthouse Point man's death in crash, Sun-Sentinel, August 19, 2010


Related Web Resources:
Florida Department of Transportation

Florida Power & Light

Continue reading "Pompano Beach Truck Accident: Florida Power & Light Sued Over Broward County Wrongful Death of Lighthouse Point Man" »

July 20, 2010

College Student Who Sustained Severe Burn Injuries from Palm Beach County Car Accident Has Died

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 " »

July 15, 2010

Number of Broward County and Palm Beach County Traffic Deaths Drop in 2009

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

July 7, 2010

Woman Injured in Florida Truck Accident Awarded $2 Million in Insurance Dispute Against State Farm

A jury is ordering State Farm to pay Cynthia Deen $2 million for her Florida truck crash injuries. State Farm is her insurer.

Deen sustained debilitating and painful injuries, including several herniated discs in her neck, when an air conditioning truck struck her car at the intersection of U.S. 17 and Fleming Island Parkway in 2007. Deen, who was slowing down at a traffic signal, says the truck driver never slowed down his vehicle. Apparently, per court testimony, the trucker fell asleep at the wheel, which resulted in the rear-end crash with Deen’s vehicle. His company, who was insured with AIG, was able to cover $500,000 of Deen’s medical costs.

Deen’s lawyers asked State Farm to pay her $300,000, her policy limit for uninsured motorist coverage. The insurance company refused, offering instead to pay her $225,000. The case then went to court.

During the trial, State Farm argued that Deen’s ruptured discs were a pre-existing condition that were a result of spine degeneration and that she had exaggerated her claims of pain.

Deen says that since the Florida truck accident her ability to work for The Caption Co., her court reporting business, has been severely limited as she can no longer sit and type for long periods. The $2M judgment will be offset by the amount that AIG is paying Deen.

Herniated Discs
Discs around the vertebrae are supposed to act as shock absorbers. When there is damage to the disc, pain, weakness, and numbness can result. A herniated disc can be extremely debilitating and can severely limit one’s movement.

Miami Car Accidents

Under Florida law, uninsured motorist coverage must also cover underinsured motorists. Also, the state’s Personal Injury Protection law covers a victim’s damages up to his/her policy limits regardless of who caused the Miami car accident. This, however, does not necessarily preclude a victim from being able to file a Miami, Florida personal injury lawsuit.

Jacksonville jury awards woman nearly $2 million in insurance case, Cynthia Deen, June 19, 2010

Herniated Disc - Topic Overview, WebMD


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

Drowsy Driving

June 17, 2010

Family of Naples Woman Files Collier County Wrongful Death Lawsuit Against School Teacher Over Fatal Florida Truck Accident

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

March 18, 2010

Prevent Florida Distracted Driving Collisions by Discouraging Motorists From Texting

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" »

February 2, 2010

Will Federal Ban Barring Bus Operators and Truckers from Texting Lower the Number of Florida Truck Crashes?

Although Florida currently doesn’t have any laws making it illegal for drivers in the state to text message or talk on any kind of cell phone will operating their motor vehicles, the federal government is now barring commercial bus drivers and truckers from texting while driving. This new law should hopefully prevent some deadly Florida truck collisions from happening—considering that research from the Virginia Tech Transportation Institute reports that truckers who text have a 23 times greater chance of being involved in a truck crash than truck drivers who don't text. Some skeptics, however, are wondering whether these bans can be enforced.

Over the last several months, Obama Administration has been taking steps to make sure that people become aware of the dangers that come with talking on the phone or texting while driving. Federal employees are now banned from doing either activity while on the job and the US Department of Transportation recently launched Distraction.gov, a Web site focused on further increasing public awareness. Texting and talking on a cell phone prevent a motorist from placing their full attention on driving. Texting is especially dangerous because drivers have to take their hands and eyes off the road for a few seconds minimum, which is more than enough time for a fatal Florida motor vehicle crash to happen.

While some US states and the District Columbia have laws banning texting and/or talking on a handheld cell phone, the Highway Loss Data Institute is reporting that these restrictions do not appear to be reducing the number of car crashes in those states. Could it be that people who used to talk on handheld cell phones are still talking while driving but are now using hands-free devices? Lawmakers were hoping that keeping both hands on the steering wheel would prevent cell phone driving accidents from happening, but there is mounting evidence that engaging in any conversation that is located anywhere else but in the car still takes the driver’s mind off the present driving conditions.

Our Miami truck crash lawyers are all too familiar with the injuries and deaths that result each year—at least 1.6 million auto accidents, reports the National Safety Council—because of motorists who were texting or using cell phones.

New distracted driving restrictions on commercial truck and bus drivers, US Department of Transportation, January 26, 2010

Study: Distracted-driving laws don't stop crashes, Seattle Times, January 29, 2010

Obama to Federal Employees: Don't Text and Drive, Washington Post, October 2, 2009

New data from Virginia Tech Transportation Institute provides insight into cell phone use and driving distraction, VTNews, July 29, 2010

Cell Phone Driving Laws, Governors Highway Safety Association

Distraction.gov

Continue reading "Will Federal Ban Barring Bus Operators and Truckers from Texting Lower the Number of Florida Truck Crashes?" »

November 24, 2009

Jury Awards $5.1 Million Florida Truck Accident Verdict to Widower

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

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

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

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

2008 Large Truck Crash Statistics (NHTSA):

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

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

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

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

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

2008 Large Truck Facts, NHTSA (PDF)

Related Web Resources:
Federal Motor Carrier Safety Administration

Trucking Accidents Caused by Driver Error, Nolo

October 2, 2009

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

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

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

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

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

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

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

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

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

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

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

National Safety Council

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

September 3, 2009

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

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

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

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

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

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

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

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

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

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

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

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

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

2007 Drunk Driving Statistics, Alcohol Alert

August 3, 2009

Florida Truck Accident Risk Multiplied by 23 When Truckers Text and Drive

Florida lawmakers want to ban texting while driving. Although a Florida bill has failed twice before the state’s legislature, representatives are hoping that a third try will turn the bill into state law. The safety risks associated with driving are no longer a surprise. We regularly read in the news about traffic accidents that occur throughout the US because drivers were texting while driving.

Just last Wednesday, three people got hurt when a tow truck struck the car they were riding in. The impact of the truck collision caused the car to land in a resident’s private pool. Police say that the truck driver was texting and talking on the cell phone when the truck accident happened.

Wednesday’s truck crash occurred during the same week that the Virginia Tech Transportation Institute revealed that truck drivers that text while driving increase their chances of being involved in a truck accident by 23 times. The study found that using one’s hands to feel around the truck cab for an electronic device is the second most dangerous trucker distraction, and dialing a cell phone landed at number three on the list.

What's primarily so dangerous about these three activities is that truckers have to take their eyes off the road to do them. Not looking at the road for more than 2 seconds while driving is considered dangerous—and the VTTI study found that truck drivers have been known to spend about 4.5 seconds glancing at their electronic devices.

203 truck drivers who operated 55 trucks participated in the study. The truckers drove about 3 million miles. Cameras were installed in trucks, and video footage was shot depicting the final seconds before truck accidents and near collisions.

On July 29, US lawmakers put forward a bill calling for all states to ban all drivers from texting while driving or faced reduced funding for transportation projects from the federal government. In addition to currently not having a statewide ban on texting while driving, Florida is one of the US states that does not have any laws restricting cell phone use while driving.

Texting and talking on a cell phone while driving are both extremely dangerous forms of distracted driving that are known to cause catastrophic injuries to victims. If you were injured in a Florida truck crash in Miami, Ft. Lauderdale, Palm Beach, or any other South Florida city because a driver was distracted, drunk, driving under the influence of drugs, or negligent in any other way, contact our Miami personal injury lawyers today.

Texting Top Driver Distraction, New Va. Tech Study Finds, Transport Topics, August 3, 2009

Cops: Texting tow truck driver lands in pool, ABC Local, July 30, 2009

Virginia Tech Transportation Institute (PDF)

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

Florida Cell-Phone Laws Update 2009, DrivingLaws.org

June 23, 2009

Broward County Truck Accident: South Florida Jury Says Insurance Company Must Pay Paralyzed Truck Driver $14.6 Million

Following two days of deliberations, a Broward County jury awarded Pakohee truck driver Derry Brown, Jr. $14.6 million for catastrophic injuries he sustained during a Florida truck accident on May 31, 2007. Brown has been called a hero for acting in a manner that saved another driver’s life while he sustained a spinal cord injury and became paralyzed.

The Broward County truck crash occurred after a motorist in a vehicle failed to stop at a stop sign and cut off Brown’s large truck, a 1998 Freightliner truck. To avoid hitting the vehicle, Brown swerved his 18-wheeler truck off the road, which overturned. Brown is now a quadriplegic.

National Casualty Company, Brown’s insurer, wouldn’t pay his benefits, so Brown sued the company for uninsured motorist benefits. Prior to the civil trial, Circuit Judge Cheryl Aleman ruled that under the National Casualty Policy, Brown was entitled to uninsured motorist benefits.

Uninsured Motorist Benefits
Uninsured motorist benefits provide coverage to an injured person when the person that caused the motor vehicle accident does not have any or enough insurance to cover the claim being made. Uninsured motorist benefits may also be applied in Florida motor vehicle crashes involving hit-and-run drivers. If your insurer is refusing to pay your uninsured motorist benefits following a Broward County motor vehicle accident, an experienced South Florida personal injury lawyer can help you obtain the benefits that you are owed.

While Florida’ Personal Injury Protection coverage mandates that motorists carry a minimum $10,000 in coverage so that drivers have some coverage regardless of who is at fault, this may not be enough.

Catastrophic injuries, such as spinal cord injuries and traumatic brain injuries may require a lifetime of costly medical care, services, and procedures. The victim may also no longer be able to earn a living. For example:

Quadriplegia
Quadriplegia involves paralysis from the shoulders down. This is the most serious kind of spinal cord injury (SCI). Not only must a person with quadriplegia receive medical attention as soon as possible, but physical and occupational therapy, drug therapy, respiratory therapy, surgery, and certain assistive devices may be required.

Paralyzed former Pahokee trucker wins $14.6 million judgment, Sun-Sentinel, June 23, 2009


Related Web Resources:
Spinal Cord Injury Resource Center

Florida Department of Highway Safety and Motor Vehicles

March 24, 2009

Polk County, Florida Jury Awards Catastrophic Truck Accident Victim $65 Million

A jury has awarded a 21-year-old woman $65 million for catastrophic injuries she sustained in a 2007 Florida truck accident. Kendra Lymon was just 19 and a South Florida community college student when the Dodge Neon she was driving was t-boned at the intersection of State Road 17 and State Road 64 by an 18-wheeler truck driven by truck driver Robert Bohn.

Lymon went into a coma and stayed at a hospital for months. She continues to require 24-hour specialized care, needs help to walk and eat, and is still undergoing speech, occupational, and physical therapy. Prior to the Florida truck crash, Lymon could speak six languages and was working for the Florida Institute of Neurologic Rehabilitation. Now, her family has to help Lymon bathe, use the bathroom, dress, and perform other regular tasks. The jury award will help the family provide for Lymon’s special needs.

The Polk County jury found Bohn and Bynum Transport Inc. 100% liable for causing the Florida truck crash. While the defendants say that Bohn had a green light when he drove into the intersection, a witness claims that it was Lymon who had the green light.

The Florida personal injury team for Lymon's family says that because Bohn had just finished a 24-hour shift as the battalion chief for the Polk County Fire Services, driver fatigue was a likely factor. Her attorneys contend that the transport company failed to make sure that Bohn took the federally mandated number of hours of work off before beginning his shift.

Lymon’s verdict is considered one of the largest personal injury verdicts awarded by a jury in Polk County, Florida.

Woman deserves $65M for crash injuries, jury says, Newschief.com, March 20, 2009

Polk Jury Awards Woman $65 Million in 2007 Crash, The Ledger, March 18, 2009

Documents Supporting $65 Million Verdict, The Ledger, March 18, 2009

March 9, 2009

Fort Lauderdale Semi-Trailer Truck Accident Near Broward Boulevard Kills Teacher and Injures Five Others, Including Four Children

In Fort Lauderdale, students and teachers are in shock following news that three-vehicle accident this morning involving a semi-trailer truck killed a fourth grade teacher, as well as injured another teacher and four students. Grief counselors have been working with the staff and the students at Stephen Foster Elementary School to cope with the loss of fourth-grade teacher Sharon Braun.

Braun, 58, who was not wearing a safety belt at the time of the truck accident, was thrown from the car. The Florida Highway Patrol says she died at the truck crash scene. The Fort Lauderdale truck accident took place a little after 7am close to Broward Boulevard when Tracy Fiffia, a 1999 Freightliner semi-trailer driver, hit a 1999 Buick while trying to change lanes. A 1998 Volvo was also involved in the Fort Lauderdale multi-vehicle crash.

Police say the truck struck Buick, which hit the Volvo, which went off the road and hit a light pole. The Buick also drove off the road and overturned.

All of the accident victims were riding in the Buick driven by Gail Carter, who was the other teacher injured in the crash. The children injured in the accident were ages 11, 10, 9, and 7. They were taken to Broward General Medical Hospital.

Truck Accidents
Proving liability in Florida truck accidents can be tough—unless you have an experienced Fort Lauderdale truck crash lawyer by your side. It is important that you choose a Florida personal injury attorney who knows how to properly investigate your case. This includes asking the right questions and knowing how to search for and preserve evidence.

There are various federal regulations and requirements that govern US truck drivers. A good Florida truck accident lawyer will know how to determine not just what happened but what could have been done to prevent such a catastrophic crash from happening to you and who caused the deadly trucker crash. Some examples of questions your attorney will likely explore:

• Did truck driver exceeded the federal limit for the amount of hours that he or she is allowed to operate a vehicle without taking a break?
• Was the truck overloaded?
• Do truck maintenance logs indicate that a vehicle was not properly maintained.
• Did your truck driver have the proper licensing?
• Does he or she have a medical disability that should have kept him or her off the road?

Teacher killed in wreck on I-95 near Broward Boulevard , Sun-Sentinel.com, March 9, 2009

Sharon Braun Guest Book, Legacy.com


Related Web Resources:
Federal Motor Carrier Safety Administration

National Highway Traffic Safety Administration

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November 24, 2008

City of Hollywood Wants Florida Lawmakers to Reduce or Void $1.6 Million Jury Verdict Awarded to Landscaper Injured in Public Works Truck Accident

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

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

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

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

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

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

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

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

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

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

City of Hollywood, Florida

November 10, 2008

Florida Mother Who Pulled Children from Burning School Bus Files Truck Accident Lawsuit

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

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

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

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

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

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

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

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


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

Cellphones and Driving, III.org

November 5, 2008

NHTSA Reports that 288 Trucks Were Involved in Deadly Florida Motor Vehicle Crashes In 2007

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

Other NHTSA 2007 Large Truck Facts:

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

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

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

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

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

Large Trucks Traffic Safety Fact Sheet, NHTSA


Related Web Resources:

Federal Motor Carrier Safety Administration

FARS Encyclopedia

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

October 1, 2008

Palm Beach Jury Awards $6.1 Million Wrongful Death Verdict to Family of Florida Woman Killed by Flying Road Debris

More than four years after Claudia Avila was struck in the head by a 34-pound metal plate that flew into the windshield of a car she was a passenger in, a Palm Beach County jury has awarded her family a $6.1 wrongful death judgment.

The 43-year-old Pompano mother was on her way to meet her daughter for lunch on February 17, 2004, when the deadly accident happened in Delray Beach on I-95. Avila, who suffered serious head injuries and went into a coma, died after being taken off life support several weeks later.

While the Florida Highway Patrol closed the case with no conclusive evidence as to the source of the metal plate, the Avila family continued to pursue the case. They eventually sued concrete block manufacturing company Tarmac America, trucking company EM Transfer, and scrap metal company IGM for her wrongful death.

While IGM and EM Transfer settled the case out of court, the family went to court against Tarmac America. Avila’s family accused the concrete block manufacturing company of failing to properly secure the metal plates so they could be transported safely. As a result of the Tarmac America’s negligence, the family says that the metal plate fell off the truck, which resulted in Avila’s subsequent wrongful death.

Out of the $6.1 million verdict, 28% of the liability was apportioned to Tarmac America. The damages included compensation for the plaintiff’s loss of parental support and pain and suffering. 72% of liability was allotted to EM Transfer, which leaves a $1.7 million judgment for Avila’s children.

If you or someone you love was seriously injured in a motor vehicle accident caused by another party’s negligence—even if the responsible party cannot initially be located—it is important that you explore your legal options for personal injury or wrongful death compensation.

Jury awards $1.7 million to family of woman killed by metal plate on I-95, Sun-Sentinel.com, September 19, 2008

$6 Million Verdict In 2004 Road Debris Death, Marketwatch.com, September 22, 2008


Related Web Resource:

Traumatic Brain Injury, Institute of Neurological Disorders and Stroke

August 19, 2008

NHTSA Says Number of Traffic Deaths Declined in 2007

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

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

Other 2007 Traffic Statistics:

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

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

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

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

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

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

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

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

Read the Summary of the NHTSA 2007 Report (PDF)


Related Web Resources:

Florida Department of Transportation

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

July 23, 2008

Latest Available Data Names Florida Among the States Where Truckers and Bus Drivers Received the Most Sanctions for Breaking Medical Regulations

A House Transportation and Infrastructure Committee study about medically unfit truckers is expected to be released at a hearing this week. Among the findings was the discovery that truckers that suffer from health problems that could make them dangerous drivers have no incentive to get a legitimate medical certificate. The study examined 614 medical certificates from truckers in Illinois, California, and Ohio. The examiners could only verify 407 of these certificates.

A safety study, obtained by the Associated Press, found that there are hundreds of thousands of truckers on the road with health issues that could cause them to have seizures, blackouts, and heart attacks. These motorists continue to drive their large vehicles despite the fact that they are at risk for causing deadly traffic accidents.

In 2006, the Transportation Department reported 7.3 million commercial driver violations. The data named Florida as one of 12 US States where truckers received the most sanctions for breaking medical regulations.

The National Safety Transportation Board wants examiners to set up a system for being able to track medical applications, identify the drivers with medical conditions, and prevent truckers from doctor shopping.

Truck Accident Causes
Truck drivers suffering health issues while driving is a leading case of serious motor vehicle crashes. Drivers without health issues that fall asleep is another common cause of trucking collisions.

Transportation Department statistics show that 5,300 people were killed and 126,000 people were injured in motor vehicle accidents involving buses or large trucks in 2006.

In South Florida, our truck crash attorneys know how to protect our clients’ rights against truckers and trucking companies. We have helped many injured victims and their families recover personal injury compensation for their injuries, pain and suffer, and medical expenses.

House Committee Probes Medically Unfit Truckers, Newsweek.com, July 24, 2008
Medically unfit truckers still on the road, safety study shows, CNN.com, July 21, 2008


Related Web Resources:

Transportation and Infrastructure Committee

National Transportation Safety Board

US Department of Transportation


Continue reading "Latest Available Data Names Florida Among the States Where Truckers and Bus Drivers Received the Most Sanctions for Breaking Medical Regulations" »

July 2, 2008

Florida Widow Sues Tractor-Trailer Driver for Wrongful Death of Motorcyclist

In Fort Pierce, Florida, Jennifer Powers, the widow of Timothy Powers, a Vero Beach motorcycle rider who died last January when he was truck by a tractor-trailer rig on US 1 is suing truck driver Felix Villa and Torres Trucking & Tree Hauling Corp., the company Villa was working for, for wrongful death.

Timothy, 49, died at the scene. The morning fog was heavy on January 24 and the Florida Highway Patrol say the motorcyclist was not able to see the truck due to low visibility. The FHP says Timothy tried to put his motorcycle safely down but flew off the bike when the truck hit him. The heavy fog was also the reason that the St. Lucie County Fire District could not send a rescue helicopter to the accident site.

Jennifer alleges that Villa acted negligently to cause her husband’s death and she is accusing Torres Trucking of vicarious liability. Her lawsuit doesn’t specify a specific damage amount.

If you were hurt or someone you love died in a tractor-trailer accident in Florida, you need to retain the services of an experienced South Florida truck crash law firm that knows how to investigate your truck crash case and pursue recovery from all liable parties. Truck crash claims can be complex cases, and liable parties may include:

• The truck driver
• The truck company
• The owner of the truck
• A truck leasing company
• The truck manufacturer
• The truck shipper
• The manufacturer of a defective truck part
• Other motorists

Truck crash accidents will usually result in serious injuries, especially for motorcyclists and pedestrians that have no protection from the physical impact of getting hit by a tractor-trailer, big rig truck, 18-wheeler truck, or large garbage truck.

Our South Florida truck crash lawyers can help you explore your legal options. If we agree to work together, we will begin investigating your case, including examine all the evidence and assess your injuries, and take action to get your compensation.

Vero Beach widow files lawsuit against truck driver, TCPalm.com, July 1, 2008


Related Web Resource:

Federal Motor Carrier Safety Administration

Continue reading "Florida Widow Sues Tractor-Trailer Driver for Wrongful Death of Motorcyclist " »

May 27, 2008

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

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

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

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

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

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

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

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

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

Traumatic Brain Injury, MayoClinic.com


Related Web Resource:

Traumatic Brain Injury Information Page

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

January 9, 2008

Truck Accident in Southern Florida Leaves One Twin Dead and the Other Critically Injured

20-year-old Florida Southern College twins Meghan and Melissa Kelly were returning to school on U.S. 27 on Monday when the Honda they were riding in was struck by a semi-truck that ran a red light at U.S. 27 and State Road 29.

The Florida Highway Patrol says that Meghan died from her injuries, while her twin, Melissa, was seriously injured. The sisters, college juniors, played together on their school’s women’s soccer team.

Truck collisions can be devastating experiences for the drivers and passengers of cars, motorcyclists, or pedestrians that are involved in these accidents.

In Florida, you must hire an experienced truck accident law firm that knows how to deal with truck drivers, trucking companies, and their insurance companies. Your truck crash lawyer will have to be familiar with the rules and regulations established by the Federal Motor Carrier Safety Administration.

Semi-trucks are extremely large in size and weigh a great deal. Their impact upon collision is frequently catastrophic.

Common causes of truck accidents:

• Driver carelessness
• Fatigue
• Speeding
• Driving under the influence
• Truck malfunction
• Driving longer than the number of hours allowed
• Disregarding the rules of the road

A good truck crash lawyer will know what to look for in terms of determining who was at fault. Your lawyer should know how to work with accident reconstruction experts and be familiar with reading the truck driver’s logs. It is important that you retain the services of a truck accident lawyer right away.

In Return Trip to FSC, 1 Twin Dies in Crash, The Ledger.com, January 8, 2008

Tragic crash kills Florida Southern student, injures her twin, My FOX, January 8, 2008


Related Web Resources:

Federal Motor Carrier Safety Administration

Center for National Truck and Bus Statistics

Continue reading "Truck Accident in Southern Florida Leaves One Twin Dead and the Other Critically Injured" »

November 8, 2007

Florida Woman Loses Leg in Truck Accident

Florida resident Gwen Hightower, an employee for All Service Refuse lost her leg in a truck crash on Friday. Doctors and paramedics had to amputate her leg after she was freed from under the toppled recycling truck that she had been riding in.

Pembroke Pines Police have charged the driver of the garbage truck, Ft. Lauderdale resident Alexander Wright, with driving without a valid license and reckless endangerment.

The truck accident that caused Hightower to lose her leg took place when the vehicle overturned while Wright was turning left onto Northwest 140th Avenue from Taft Street.

Hightower was partially ejected from the truck, which landed on her right leg. Doctors and paramedics tried to save her leg while a big towing truck lifted the garbage truck off her leg.

Hightower underwent surgery for several hours at Memorial Regional in Hollywood, Florida.

The truck is equipped with two steering wheels and sets of pedals. Wright, a temporary worker at All-Service, wasn’t allowed to drive the truck. He is employed by another company. His job description while working with All-Service entailed picking up garbage. By allegedly causing the accident, he also violated his probation sentence that he is serving for aggravated fleeing and eluding an officer and grand theft.

If you have been injured on the job in Florida, the state’s workers’ compensation law prevents you from suing your employer for personal injury compensation. Workers’ compensation guarantees employees certain financial benefits if they are injured at work.

However, third parties can be held liable for a person’s personal injuries even if he or she while on the job. The best way to determine whether you can file a personal injury claim is to speak with an experienced Florida personal injury lawyer who can inform you of your legal options.

Spinal cord injuries, amputated limbs, traumatic brain injuries, and permanent disfigurements are just some of the many catastrophic injuries that a victim can sustain in a truck accident or any other type of serious motor vehicle crash.

Chances are that medical costs and recovery expenses will be very high. Your workers’ compensation benefits may not be able to cover all your financial and medical needs.

If another person, company, or another entity that is not your employer caused your personal injury accident by acting negligently, you may be able to obtain additional compensation for your catastrophic injuries.

Garbage truck driver charged in Pines rollover incident, Sun-Sentinel.com, November 8, 2007

Driver of garbage truck in Pembroke Pines crash jailed, Sun-Sentinel.com, November 8, 2007

Pines rescuers amputate woman's leg to free her from toppled truck, Sun-Sentinel.com, November 3, 2007

Related Web Resources:

Florida Division of Workers' Compensationhttp://www.protectingyou.com/

Continue reading "Florida Woman Loses Leg in Truck Accident " »