North Florida Injury Lawyer Blog

Florida: Unsecured Truck Loads and Related Accidents

Thu, 02 Sep 2010 06:00:00 -0500

Securing the load on the back of a truck is Florida law. Automobile Accidents and resulting injuries can occur when loads of wood piles, branches, furniture, etc. are not secured properly to a vehicle. As a personal injury lawyer, I have had clients that were injured in accidents where the contents of a truck have spilled onto the roadway and caused a domino crash as one car swerves or slams on brakes to avoid the debris.

Similar to other automobile accidents involving driver negligence (i.e. rear end collisoon), the driver of a truck with an unsecured load that caused an automobile accident can be held liable along with the truck owner (Florida Statute 316.520). Often, this becomes a factor in such a case because there are a number of commercially owned vehicles or company vehicles that transport such truckloads on the roadway. If you find yourself behind a vehicle transporting loose items, pay attention to the truck's identifying signage or license plate number in case the vehicle continues to drive away. This can be important because if you are injured by the debris of a truck's load, then you may be able to recover compensation for your injuries and losses from the company.

Florida Department of Highway Safety and Motor Vehicles Tracks Crashes by Age Group

Tue, 31 Aug 2010 06:45:00 -0500

The Florida Department of Highway Safety and Motor Vehicles tracks the ages of drivers involved in crashes and fatal wrecks. Search our database to see which drivers have the highest and lowest crash rates since 1994.

For example, in 2008, in the age group of 20-24: 1,286,372 licenses were issued. In that same year and age group, there were 45,518 drivers in all crashes and 546 fatal crashes - with a fatality rate of 0.42.

On the other hand, in 1994 and in the same age group, ages 20-24, there were 1,019,642 licenses issued. 42,798 of those drivers were in crashes, 483 of which were fatal - with a fatality rate of 0.47

Therefore, although more licenses are being issued the fatality rate has decreased. Click here to see more results.

It is important to keep Florida highways, streets and roads safe. Drivers should always wear their seat belts and, if transporting a child, drivers need to ensure their child is sitting in a car or booster seat, if required. Also, drivers should always keep their attention on the road and their surroundings. Distracted driving, such as talking or texting on a cell phone, is a main cause in many traffic-related injuries. If you would like to read more about the dangers of texting and driving see Texting While Driving Now Banned in the State of Kentucky - Law Will Save Lives and Prevent Kentucky Automobile Accidents.

What Is the Law in Florida Regarding Following Too Closely - Rear End Automobile Accidents?

Mon, 30 Aug 2010 06:45:00 -0500

The law in Florida regarding vehicles following too closely falls under Title XXIII, Motor Vehicles, Chapter 316, State Uniform Traffic Control, sec. 316.0895 - Following too closely. Pursuant to this statute, drivers shall not follow another motor vehicle more closely than is reasonably prudent. Drivers shall also have the due regard of the speed of such vehicles, as well as the traffic upon, and the condition of, the highway.

If you are driving a motor vehicle that is towing another vehicle and are traveling upon a roadway outside a business or residence district, you may not follow within 300 feet of another motor truck. Motor vehicles being driven upon any roadway outside a business or residence district in a caravan, whether or not towing other vehicles, shall be operated so as to allow sufficient space between each vehicle or combination of vehicles as to enable other vehicles to enter or occupy such space without danger.

A violation of this statute is deemed a non-criminal moving traffic violation.

Following too closely is one of many practices drivers engage in all too often. It is important to keep Florida roads, highways and streets safe because many children are being transported among these roads. Keep a safe distance to ensure that you have plenty of time to break and stop your vehicle without rear-ending another. It is also important for drivers to stay attentive at all times - do not talk or text on your cell phone while driving. Distracted driving is a major cause collisions and traffic-related personal injuries. Thus, stay attentive, be aware of your surroundings, wear your seat belt and do not follow too close – all of these practices are simple ways drivers can make Florida roads a safer place for adults and children.

Motorcycle Crash Claims Life of Biker in Tampa - Dangers of Left Turns Into Right of Ways of Bikers in Florida

Sun, 29 Aug 2010 06:45:00 -0500

The Florida Highway Patrol confirmed the death of a motorcyclist in Tampa after the motorcycle collided with a pickup truck. The motorcyclist was identified as a 43-year-old man, Mark Graves and the driver of the pickup truck was identified as George Gunter, a 74-year-old man of Tampa, Florida.

According to the Florida Highway Patrol, Gunter, driver of the pickup, made a left turn, but failed to yield to the right of way to Graves. Although Graves hit the breaks, he still crashed into the side of Gunter's pickup. Graves died at the scene, Gunter was uninjured.

The case remains under investigation and charges are pending, said the Florida Highway Patrol. If you would like to read more about this story see Man fails to yield, kills motorcyclist.

The loss of this man's life is a tragedy for his family and his community. Although accidents are inevitable to occur on Florida's roads, we, as drivers, can reduce the risk of having a collision by practicing simple driving safety precautions: Pay attention to road signs and your surrounding area and environment. If you are driving in poor weather conditions, take extra caution and yield to other drivers. The safer you drive, the safer you make Florida's highways.

Mims, Florida Automobile Accident - Dump Truck Skids Across Interstate 95

Sat, 28 Aug 2010 06:45:00 -0500

A deadly accident recently occurred on Interstate 95. A dump trump skidded across I-95 in Mims, Florida one early morning, killing a 58-year-old man from Pembroke Park and injuring two others.

Apparently, the dump truck was traveling northbound on I-95 when a tire blew out, causing the vehicle to cut across the median and into the southbound lane. Kim Montes, spokeswoman for the Florida Highway Patrol said that driver and passenger were able to exit the dump truck. However, minutes later a van carrying a trailer of motorcycles slammed into the flipped truck. There are no skid marks on the interstate, therefore officials are under the belief that the van ran directly into the the dump truck and it burst into flames. Officials believe there was one man inside.

The dump truck driver, identified as Eliseo Aguirre, a 34-year-old of New York and his unidentified passenger were taken to Bert Fish Medical Center in Volusia County, Florida. The driver of the 2000 Pontiac van, who was killed, was identified as Victor Pigeon.

The State of Florida Department of Transportation inspected the dump truck to ensure the operators were in compliance with all regulations. It is also unknown whether the driver of the van could see the reflective devices on the truck since the truck was flipped over. The Florida Highway Patrol is conducting an investigation of the accident. If you would like to read more on this story see Dump truck and van collide on I-95 in Mims, Florida, killing one man.

The loss of this man's life is a tragedy for his family and his community. Hopefully, the other two victims make a full and quick recovery. Interstate travel can be very dangerous - drivers are driving at a faster speeds and with less stops. Therefore, it is important to not engage in distracted-driving by talking or texting on your cell phone, wear your safety belt and pay attention to road signs as well as other drivers on the road.

University of Florida Student Suffers Serious Left Hand - Upper Extremity Injury at UF Equine Research Center

Fri, 27 Aug 2010 06:45:00 -0500

An 18-year-old girl and University of Florida student, Courtney Mason, had her hand severed at the UF (University of Florida) Equine Research Center in Marion County. According to Marion County Sheriff, Capt. Eddie Leedy, Mason was sitting in the passenger seat of a UF vehicle while holding a rope lead line. The lead line was also attached to a horse and wrapped around Mason's wrist, which was being held out of the UF vehicle. For some reason, the horse apparently became spooked or frightened and pulled away from the vehicle, severing Mason's hand from her body. The hand was recovered and packed on ice and went with Mason to Shands at the University of Florida, Gainesville facility - it is unknown whether or not the hand was capable of being reattached.

If you would like to read more about this story see UF student severs hands at UF Equine Research Center.

Hopefully, Courtney Mason will have a full and quick recovery. Dealing with animals, although fun and educational, is inherently dangerous. Horses are strong and unpredictable animals, therefore, adults, and especially children and young adults, need to take extreme caution while around horses.

An Arlington (Jacksonville Florida) Teenage Girl Hit By Car in Jacksonville

Thu, 26 Aug 2010 06:00:00 -0500

On Monday afternoon a 13-year-old girl was injured after trying to cross the 4 lane University Blvd. near Jacksonville University.

At approximately 3:00 p.m., the girl was crossing University Blvd. heading east towards the Public Library and Gazebo Shopping Center. As she made her way across the roadway, a woman driving a Mazda Protege saw her and attempted to avoid hitting the girl by swerving the vehicle. The teenager's body crashed into the windshield and subsequently hit the top of the vehicle.

The teenage girl survived, without life threatening injuries. Her condition has not been updated. The driver of the Mazda Protege was not cited for the accident.

Reports were unclear as to whether the girl was in a crossing in a crosswalk at the time of the accident. Florida law regarding pedestrians, requires pedestrians to cross in a road in a crosswalk, where available. If the girl was crossing at a crosswalk, then Florida law requires drivers to yield to pedestrians as soon as they are in individual's foot is in the crosswalk. However, if there was not a crosswalk, then Florida requires that the pedestrian give-up the right-of-way to the oncoming vehicle.

Liability in pedestrian injury cases are not always clear cut. Each case should be evaluated on its own merits and facts. The use or lack of use of a crosswalk is not the only fact to evaluate in such cases.

Personal injuries suffered in a pedestrian accident are often serious and it is important to speak with a Florida personal injury attorney so you understand your rights and options. Wood, Atter & Wolf, P.A. understands your rights and can assist you with your legal needs.

Green Cove Springs Bicyclist Injured at Orange Park Junior High

Wed, 25 Aug 2010 06:00:00 -0500

The bicyclist, Joshua Galetta, was airlifted to Shands for injuries suffered when a 2002 Lexus collided with Galetta's bicycle. Joshua Galetta, a Green Cove Springs resident, turned off the sidewalk and into the Orange Park Junior High parking lot when he was hit by a car driven by school employee, Marilyn Duke.

Reports indicate that Galetta, upon entering the parking lot, turned into Duke's vehicle. The investigation is ongoing and charges are currently pending.

While Florida bicycle laws do not require anyone over the age of 16 to wear a safety helmet, but the 33-year-old, Galetta, was wearing one. Florida law does require that bicyclists be given the right-of-way, like a pedestrian. However, it is also required that bicyclist provide proper signal and use caution when entering or crossing roadways.

Injuries arising when a bicycle accident can be serious. If you have suffered injuries from such an accident, It is important to speak with a Florida personal injury attorney to help you understand your Florida legal rights and options.

Dangers of High Energy Drinks, Alcohol and Driving in Florida

Tue, 24 Aug 2010 06:45:00 -0500

After a crash killed a father and his 3 sons, the car of the driver that killed this family was inspected. Inside Demetrius Jordan's, the driver, Chevrolet Impala was a crumbled can of an alcoholic and caffeine beverage called Four Loko.

The alcoholic beverage sells, on average, for about $2.50 per 23.5-ounce can and has outraged attorney generals. For example, Bruce Goldberger, a professor and director of toxicology at the University of Florida, said that drink is a perfect storm - with its combination of alcohol and caffeine.

Four Loko was introduced on the market in 2006. This high energy drink plus alcoholic beverage contains about 12% alcohol - most beers contain 4-5% alcohol - and are loaded with guarana, taurine and caffeine - to give the drink that "extra jolt". The U.S. Centers for Disease Control and Prevention warn that caffeine-based alcoholic beverages can be harmful, especially because of the high alcohol content. Most people may think the two, caffeine and alcohol, balance each other out. However, a study co-authored by UF professor Goldberger, revealed that drinkers of these high-energy alcoholic drinks became impaired more quickly as opposed if they were just drinking caffeine and they wre more likely to engage in riskier behavior. If you would like to read more on this story see Dangers of High Energy Alcoholic drinks in Florida.

Automobile Accident Victim Taking Steps Following Serious Personal Injuries in St. Augustine, Florida

Mon, 23 Aug 2010 06:45:00 -0500

After a three-car collision, one of the survivors of the crash is walking for the first time since the accident. Gail Marston, a 66-year-old retired employee from the Duval County School Board, was trying out her new prosthetic leg at a rehabilitation center in St. Augustine, Florida. Marston was driving a blue pickup-truck that T-boned a Lexus, driven by Donalynn Frank, a St. Augustine resident and licensed social worker. Frank, 54, died at the scene. Frank was driving southbound on U.S. 1 when she was struck from behind by a Pontiac Vibe, driven by Daniel Doyle Rocca, a Gainesville resident who was 19-years-old at the time. Toxicology reports revealed Rocca had a .212 blood alcohol content level at the time of the accident. He was booked at St. Johns County Jail on July 31 for DUI and DUI manslaughter.

Marston's son, David Marston, says his mother has not seen the outside of the hospital until a month ago. Marston arrived at the hospital with a shattered heel and ankle, a broken femur, other bones protruding out of her skin and was in a coma for 10 days. After enduring more than 15 surgeries and spending almost 4 months at Shands Jacksonville, Gail Marston was transferred to a rehabilitation center in St. Augustine - a short step in her long and remarkable path of recovery.

If you would like to read more about this story see Woman sustains serious personal injuries after colliding with a drunk driver.

Driving Near Semi Tractor Trucks and Other Large Trucks in Florida - Safety Tips

Sun, 22 Aug 2010 11:45:00 -0500

Driving on Florida highways is always dangerous. However, serious dangers are presented when you or someone you are with are driving close to a semi tractor or other large trucks. Following these tips will increase your safety as you encounter semi-tractor trailers on Florida highways:

1. Large trucks and semis behave differently from other cars - stay attentive.
2. Avoid a truck's blind spots. If you cannot see their side-mirrors, they cannot see you!
3. Do not cut off semi tractors or other large trucks because they require a longer distance and take a longer time to stop.
4. When passing a large tractor or bus on a Florida highway use the proper procedure: accelerate slightly and maintain a consistent speed while passing. Wait until you can see the entire cab in your rear-view mirror until you signal to pull in front of the large truck or bus.
5. Before attempting to pass, observe the truck's turning signals.
6. In wet conditions, give trucks at least six (6) seconds of space on Florida highways.
7. If you see unsafe driving, call authorities.
8. Never cut off a tractor truck on or off the highway to make your exist or next turn.
If you would like to read more tips and see the safety tips suggested for drivers of large trucks see Practice safety on Florida highways when nearing semi-tractors or other large trucks.

Jacksonville Florida Man Injured in Possible DUI Accident

Sat, 21 Aug 2010 06:00:00 -0500

A Jacksonville, Florida man, James Leon Odum, was arrested Sunday, August 15, 2010, for a hit and run with injuries. According to a news story reported by First Coast News, the man admitted to police that he may have been driving under the influence.

The victim, Anthony Griffith, was driving his Honda Fit up the I-10 ramp from Irene Street Saturday night when he was rear-ended twice by a truck. When Griffith pulled his car over to assess the damage, the truck ran into him and drove away. As a result, Griffith suffered multiple injuries including a broken leg and five fractured ribs.

According to the Jacksonville Sheriff's Office, Odum reported the automobile accident and informed the police that he may have hit someone on the I-10 ramp. Odum also informed the police that he may have had too many drinks before driving his truck home.

Driving under the influence is not only negligent, but reckless.

Dangers of Power Lines and Electrocution in Florida

Fri, 20 Aug 2010 06:45:00 -0500

Antonio Martinez, a South Floridian man who is originally from Pinar del Rico, Cuba, is apparently dead after being electrocuted while he was attempting to pick mangoes from a fruit tree in his back yard. Martinez was climbing a ladder and using an aluminum picker to grab the fruit, when the pole touched a nearby power line. The tree stood about 30-feet and, apparently, the aluminum ladder Martinez was using touched a nearby power line. Martinez's daughter and her mother heard the fall. Both observed Martinez on the ground and tried performing CPA on Martinez. Martinez was taken to Memorial Regional Hospital, where he was pronounced dead.

The funeral arrangements are pending. If you would like to read more on this story see Man dies after be electrocuted while picking mangoes.

This man's death is a tragedy for his family and his community. Children as well as adults need to be aware of their surroundings. Practice safety at all time in order to ensure the safety of your life and your child's. Children should not play next to power lines and adults need to heed take caution as well. Electrical shock is a powerful force that can be deadly. Tragically, there continue to reports of serious personal injuries and deaths resulting from electrocution outside of homes and businesses in Florida and other States as well.

What Laws and Facts Are Important in a Slip and Fall Resulting in Personal Injuries at a Florida Business?

Thu, 19 Aug 2010 06:00:00 -0500

In Florida, if a person is injured in a slip and fall accident on a business premises, then the injured party may have a claim for damages if the following can be proven:
Florida Statute 768.0710

(a) The business owed a duty to the injured party;

(b) The person or company controlling the business premises acted negligently by failing to use reasonable care in the maintenance, inspection, repair, warning, or mode of operation of the business premises. The failure of the business to give notice (i.e. a warning sign) of a possible or known danger may be used as part of the evidence to show that the business acted negligently, but it is not proof by itself that the business was negligent; and

If you have suffered injuries as a result of a slip and fall, then you may have a claim for your injuries. Incidents where this occurs most often is when there is a liquid on a tile floor, normally in a grocery store, and a person does not see the liquid and as a result slips and falls in the liquid.

If a person suffers personal injuries as a result of a slip and fall on the property of a Florida business or Florida homeowner, it is helpful to observe or (if possible) take photographs of what caused your fall. Were there any indications that the item, liquid or substance was in place for an extended period of time? Indications could include footprints, dirt, food spoiling/browning, shopping cart wheel or track marks, and the spread or tracking of the substance, liquid or item.

St. Augustine Bicyclist Injured In Accident on August 16, 2010

Wed, 18 Aug 2010 07:00:00 -0500

On August 16, 2010, a bicyclist in St. Augustine, Florida was injured after being hit by car while she was riding across the Kmart Plaza entrance off US 1.

A witness stated that the woman riding the bicycle was near the Kentucky Fried Chicken when she was struck by the vehicle. The woman was flown from her bike as a result of the impact and suffered head injuries. Once rescue responded, she was transported to Flagler Hospital and later sent to Jacksonville by TraumaOne air transportation.

The bicycle accident is being investigated by the Florida Highway Patrol and St. Johns County Sheriff's Office.

Investigations of this kind are usually done to determine fault for the accident, in accordance with Florida law. In Florida, bicyclists fall under Florida Statute 316.2065. If this cyclist was traveling in a crosswalk, then the accident will fall under Section 316.2065(10) of Florida Statutes, "A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances."
Injuries suffered by a cyclist hit by a vehicle can be extensive.