South Florida Car Accident Lawyer Blog

Plaintiffs Who Are Victims Of Hit In The Rear Accidents Are Presumed Free Of Fault In Florida

Thu, 17 May 2012 16:17:13 -0500

In this era where texting and speaking on a cell phone while driving is unfortunately the norm and not the exception there will be a dramatic increase in hit in the rear car accidents. As texting involves the ultimate driver distraction of taking one's eyes off the road and the car in front of you, a momentary glance at the cell phone alone can lead to a serious car accident.

The Herald-Tribune is reporting that an elderly Florida couple and their dog were injured Friday in an accident on U.S. 41 in Sarasota. Police indicate that the victims who were 73 and 75 years of age were travelling southbound when their vehicle was hit in the rear. The couple were both injured and transported to Blake Medical Center.

The driver that struck them was travelling much faster than the victims the police report states. After the collision the victim's vehicle entered the center median. The driver apparently over responded to the impact causing his car to rotate clockwise and flip over, coming to a stop on its side. No tire marks were found at the scene of the accident.
The victims' dog sustained a minor leg injury and was collected by Palmetto animal control services.

While there is no evidence whatsoever that the driver who struck the couple here was texting or speaking on a cell phone, more often than not in Florida that is the case. I see many cases in my practice where my clients were stopped in traffic, at a stop sign or at a red traffic signal and were hit in the rear by a driver who was found to have engaged in the ultimate driver distraction of texting while driving.

Lawsuit Filed Claiming Negligence In Fatal Bike Accident In Miami

Thu, 10 May 2012 14:28:04 -0500

The Miami Herald has run a story about the family of a bicyclist that was killed by a hit and run driver on the Rickenbacker Causeway having now filed a lawsuit against the driver, who is currently incarcerated pending a trial on the serious charges filed against him as a result of this accident.

This fatal accident and a similar fatal hit and run crash several years ago have increased the chorus of people asking for better safety measures for joggers, bicyclists on the Rickenbacker Causeway. The Causeway has always been a magnet for pedestrians and bike enthusiasts.

The police indicate that the defendant driver struck the decedent and her biking partner as they travelled in the in the northbound lanes near the top of the bridge. The defendant, who was operating his car with a suspended license at the time, turned himself into police hours later.

Reports that the defendant had been drinking earlier in the evening could not be confirmed by investigators because of the lag time in turning himself in to police.
Police have charged him with driving with a suspended license, and leaving the scene of an accident causing death. The defendant at the time of his arrest had signed up for a drug treatment program following a previous arrest for possession of cocaine.
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Family Receives Jury Award For Negligence in Wrongful Death Car Accident Lawsuit

Thu, 03 May 2012 10:40:28 -0500

NJ.com is running a story today about a jury award of $525,000 to the family of a caregiver who was killed when the elderly man she was helping hit and killed her with his vehicle.

The 59 year old victim was traveling with her patient to a restaurant when the elderly man who was operating the car drove the car onto the sidewalk striking the victim who had already exited the vehicle. She was hit and pinned between the automobile and a wall. She subsequently lost a leg and ultimately died as a result of her injuries.

After the car accident the deceased's family filed a car accident negligence suit against the driver of the car. A jury yesterday awarded the victim's family $225,000 for her wrongful death and an additional $300.000 for pain and suffering.

The two week trial focused more on the victim's job description than whether or not the elderly man was negligent. The defense agreed that the driver was negligent but questioned the legal standing of the family to file a wrongful death suit against him. The defense argued that the deceased caregiver was an employee of the defendant and therefore under local applicable worker's compensation law was barred from filing any work related claim, including a wrongful death claim, against him.

Cell Phone Distraction Can Lead To Accidents And Potential Legal Liability Issues

Thu, 26 Apr 2012 16:38:36 -0500

The Los Angeles Times has a news story about a young girl in China who fell into a 20 foot deep sinkhole while speaking on her cell phone.

Her accident was videotaped by security cameras posted near the sinkhole. This video has apparently gone "viral" throughout the internet. The young woman was not injured but reportedly quite embarrassed by her fall.

The Times story indicates that there are studies that have shown what I believe to be the obvious that pedestrians are more likely to engage in unsafe conduct and are less aware of what is going on around them when speaking on a cell phone. The Times story cites references other media sources that are reporting that there may have been warning blocks on the street that the young woman did not see. The Times reporter indicates that she herself did not see any colored warning cones or security tape around the area of the sinkhole.

A cab driver who witnessed the accident, left his taxi and climbed into the hole to help the girl. He reported to the media that the girl at first appeared to be unconscious but responded after he shook her. He added that she was very emotional, was shaking, and was crying.

Husband Could Face Civil As Well As Criminal Legal liability In Road Rage Accident That Killed Wife

Thu, 19 Apr 2012 14:38:20 -0500

The Tennessean reports that a husband has been criminally charged with vehicular homicide in the road rage death of his wife after he and another motorist "fought" on a highway. The other driver was similarly charged.

The police are charging both drivers after interviewing witnesses and conducting a further investigation that revealed that both drivers were guilty of aggressive driving. The state prosecutors and police would not delineate how the drivers were driving aggressively. The court records, however, allude to an escalation that led to attempts to crash into one another and finally a huge car accident that killed one of the driver's wives.

The police investigation indicates that there was no narcotic or alcohol use involved in the fatal crash and that the drivers did not know one another. The District Attorney said this is one of the rare instances to have multiple charged parties in one vehicular homicide accident case.

The District Attorney added that while the husband in question did not intend to kill his wife, she died as a direct result of his actions. Both defendants, if convicted of vehicular homicide, could be looking at spending three to six years in prison. Police are requesting that anyone who may have any information regarding this accident to call 615-859-3405.

Trayvon Martin's Family May Sue Homeowners Association For Wrongful Death

Thu, 12 Apr 2012 13:25:21 -0500

The Insurance Journal is reporting that if Trayvon Martin's family files a wrongful death lawsuit they might name the homeowners association where the shooter Zimmerman lived and where the shooting occurred.

The reason for this is that if Zimmerman's claim that he shot Trayvon Martin in self-defense is upheld by the judge or a jury, Florida's "stand your ground law" would also protect him from a civil lawsuit. if Zimmerman is acquitted or otherwise cleared, the Martin family could sue The Retreat at Twin Lakes homeowners association for the wrongful death of their son. The homeowners association should have a liability policy in place which would in all likelihood be able to pay the Martin family more than Zimmerman.

Apparently the Association in February distributed to residents a newsletter that said that Zimmerman was the "go-to" guy for residents that has been crime victims. Under the banner "Neighborhood Watch," the letter stated that crime victims should first call the cops and then "please contact our Captain, George Zimmerman ... so he can be aware and help address the issue with other residents."

The Association's attorneys indicate that the obvious connection to, and endorsement of Mr. Zimmerman, opens the Association to legal action by the Martins. Mr. Zimmerman acknowledged that he shot Trayvon Martin to death during an encounter of February 26th of this year but is claiming self defense.

Negligence Lawsuit Filed Against Tampa Bay Rays Pitcher For Injuries Caused By DUI Car Accident

Thu, 05 Apr 2012 15:50:14 -0500

As I foresaw as a distinct possibility in a blog entry of several weeks ago, the Herald Tribune is reporting that Tampa Bay Rays pitcher Matthew Bush is now being sued by the elderly victim of a DUI accident last month in Florida that led to Bush's arrest and the victim's hospitalization with severe injuries.

The plaintiff who is still hospitalized and in an intensive care unit with a punctured lung, broken ribs and other serious injuries is seeking $5 million in his lawsuit against Mr. Bush. The complaint also joins as a party defendant Brandon Guyer, a minor league outfielder with the Tampa Bay Rays who loaned his SUV, which struck the plaintiff, to Mathew Bush.

The lawyers for the plaintiff indicate that the size of the request for damages is driven by the victim's medical bills which are now very large and will likely keep growing. They further indicate that the plaintiff is expected to survive but that there is no way at this point to determine when he will be released from the hospital.

As I indicated in my prior blog on this car accident, the police report indicates that Matthew Bush's rear-ended the victim's motorcycle, and then ran over the victim after he fell. Mr. Bush left the scene of the accident in contravention of Florida law.

Model Rejects Settlement Offer In Propeller Accident Negligence Case And Files Lawsuit

Thu, 29 Mar 2012 15:39:36 -0500

ABC News is reporting that Lauren Scruggs who was injured in a December 3, 2011 propeller accident has rejected a $200,000 settlement offer from the insurance carriers for the plane. She will it is reported file a lawsuit seeking more compensation. Ms. Scruggs who is a model and fashion editor lost her left hand and left eye in the accident.

The 23 year old model had landed after viewing Christmas lights from the air when she walked into the plane's propeller which was still running while Ms. Scruggs left the airplane. A National Transportation Safety Administration report on the matter indicates that the pilot of the plane claimed to have attempted to warn Ms. Scruggs prior to the accident.

Cheryl Scruggs, Lauren's mother, indicates that her daughter has undergone substantial and intense physical therapy, and has been fitted a prosthetic eye. She has plans to meet with a prosthetic arm expert as well.

In her filed legal papers, Lauren Scruggs indicates that the airplane's insurance carriers maintain that under the policies in question that they are each limited to the payment of a maximum of $100,000.00 to a "passenger". Lauren Scruggs will argue that she did not fall within the definition of a "passenger" because at the time of her accident "she was not in the aircraft or getting in or out of it" and that she should therefore not be limited to the $100,000 passenger limit per policy.

Baseball Pitcher Faces Potential Florida Negligence Lawsuit After Car Accident

Thu, 22 Mar 2012 11:36:30 -0500

The Washington Post is reporting that a pitcher with the Tampa Bay Rays player could face several criminal charges after he left the scene of a Florida car accident that resulted in serious injuries to a motorcyclist.

Florida police indicate that Matthew Bush was driving south on U.S. 41 in Port Charlotte when he hit a motorcycle driven by a 72 year old male. The Tampa Bay Rays pitcher failed to remain at the accident scene as is required by Florida law and was later arrested and taken to jail. He remains incarcerated without bond as of Friday morning.

Mathew Bush could be charged with multiple felonies including, but not limited to, driving under the influence, leaving the scene of an accident where a party was injured, and driving with a suspended license.

Florida police report that the pitcher has had previous driving under the influence incidents in California and Arizona. The injured motorcyclist was transported to a local hospital and is reported to be in serious condition. The Florida Highway Patrol indicates that Mr. Bush ran over the victim with his vehicle.

Wearing A Seatbelt Can Avoid The Seatbelt Defense In A Florida Negligence Case

Thu, 15 Mar 2012 11:49:54 -0500

The Orlando Sentinel is reporting that a three car Florida car accident that resulted in the death of a 3 year old child, who had probably unbuckled herself from her booster seat prior to the accident, has focused attention again to the need and legal requirement to wear a seat belt.

Her mother had seat-belted her daughter into the child seat and apparently did not know that she had later unbuckled herself. The Florida Highway patrol indicates that that she was shocked to later learn from State Troopers that her daughter was in fact unrestrained at the time of the car accident.

The Florida Highway Patrol says that it is quite common for children to later unbuckle themselves and that parents need to be aware of this and to also educate their children as to the need to be seat-belted at all times while a passenger in a car. Parents should keep a watchful eye on their children while in the car to assure that they remain seat-belted.

Florida Statute 316.614 requires that as a prerequisite to operating a car, that all passengers under the age of 18 are wearing a seat belt or are restrained by a child safety device according to section 316.613. While the parents in this matter may be able to bring a wrongful death claim against the driver that caused this accident, the attorneys for that driver will in all likelihood utilize Florida's seat belt defense as a defense in the case.

Chrysler Takes Preemptive Action On Recall To Head Off Negligence Lawsuits

Thu, 08 Mar 2012 10:32:26 -0500

The Atlanta Business News is reporting that Chrysler has issued a recall of approximately 200,000 Jeep Libertys. The reason for this recall is that an important part could malfunction and cause a car accident.

The National Highway Traffic Safety Administration reports that the recall covers specific 2004 and 2005 model year Jeep Libertys that were built between July 2003 and July 2005. The Jeep Libertys were first sold, or are now registered in, twenty cold weather states including Washington, D.C.

Snow crews in those states customarily utilize salt to melt snow and ice after a winter storm. Salt can cause vehicle corrosion. The National Highway Safety Administration indicates that the Jeep Libertys that are the subject of the recall may have rear lower control arms that could break as due to salt corrosion and lead to an accident.

The National Highway Safety Administration was apparently convinced by Chrysler that a nationwide recall was not necessary and to limit the recall to Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, West Virginia and Wisconsin. These are the states where road salt is normally utilized to break up ice and melt snow.

Settlement Terms Of Wrongful Death Lawsuit Against Phil Spector Are Confidential

Thu, 01 Mar 2012 13:48:55 -0500

The LA Times is reporting that mother of the actress killed by Phil Spector has settled her wrongful death case against Mr.Spector. The settlement comes exactly 9 years after Mr. Spector, the famed music producer, shot her in his California mansion.

The mother's attorney indicated that the terms of the settlement were confidential and that she was relieved that the wrongful death case is now concluded.The actresses mother, was called as a witness, and on a daily basis attended Phil Spector's criminal trial. Mr. Spector was ultimately convicted. She testified at the criminal trial that her daughter was happy and positive, not suicidal, as Mr. Spector's defense counsel had implied.

Former female associates of Spector testified at the criminal trial that Spector had threatened them with firearms with in incidents as far back as the 1970's. There was other evidence introduced with regard to what was described as Mr. Spector's love for guns and his bully like behavior in the recording studio.

Phil Spector's insurance carrier retained a lawyer to interpose a legal defense against the wrongful death case. Mr. Spector, however, who is now incarcerated and is serving a 19 year to life sentence agreed to settle the civil suit. Mr. Spector had a storied career working with John Lennon, The Beatles and Tina and Ike Turner. Phil Spector produced extremely successful songs such as The Ronettes' Be My Baby and the Righteous Brothers' You've Lost That Lovin' Feelin'.

Landlord May Face Wrongful Death Suit In Death Of Teenager Who Fell Through Trash Chute

Thu, 23 Feb 2012 13:13:37 -0500

NBCChicago.com reports that a child fell through a trash chute on Monday in Chicago and was killed.The male teenager was doing his chores for his family when he fell 46 floors to his death. The building in question has 48 floors in total.

NBCChicago says that witnesses indicate the child who had Downs Syndrome, probably slipped and fell into the garbage chute. The body of the child was later found inside the garbage compactor in the building's basement.

The distraught family discussed the tragedy with police and fireman overnight at the site of the fatal accident. Chicago police state that they are looking into circumstances surrounding the accident to determine precisely how the teenager fell to his death. An autopsy is scheduled to be performed.

Officials with the Special Olympics remembered, this young man for his smile, determination and grit. The Chicagotribune.com reports that two time gold medal winner Bart Conner called this teenager "an inspiration to all who knew him. Bart Conner is currently the vice chairman of the Special Olympics board of directors.

Florida Claims Bills For Negligence Cases Against The State In Process Of Being Passed By Legislature

Thu, 16 Feb 2012 16:16:48 -0500

Miamiherald.com reports that a Florida House subcommittee has passed 16 claims bills after hearing the cases of individuals who were either critically injured or killed due to the actions of bus drivers, cops, hospital workers or other State of Florida employees.

A Florida claims bill which is also referred to as a relief act, is a law that gives compensation to a person or an entity for personal injury and other damages caused by the negligence or mistake of the state, an agent or employee of the state, or state agency. It is a method by which an injured victim may receive a monetary award even though the at fault state agent or agency may have immunity from a lawsuit. A majority vote of the Florida Senate and Florida House is required in order for a claims bill to pass.

There is a four year statute of limitations with regard to the presentation of such claims. Pursuant to Florida Statute 11.065, if a claim is presented after this time period that claim shall be deemed to be invalid and void. If the Legislature approves a bill it shall be deemed payment in full and no other claims for relief can be presented to the Legislature regarding that specific claim in the future.

Florida law requires that the legislature approve judgments against the state or any of it's political subdivisions that are in excess of $200,000.00. In the last legislative session, the Florida Legislature amended §768.28 which provides for a limited waiver of sovereign immunity for negligence claims against the State of Florida, it's agencies and it's political subdivisions. The legislature raised the dollar limit on liability in the statute from $100,000.00 per individual and $200,000,00 for each occurrence to $200,000.00 per individual and $300,000.00 per occurrence. This change applies to claims that arise after October 1, 2011.

South Florida Man Gets Jail Time For Fatal Car Accident And Could Face Civil Wrongful Death Suit

Thu, 09 Feb 2012 17:14:30 -0500

Sun-Sentinel.com reports that a 20 year old South Florida man received two years in prison followed by 10 years' probation after he pled guilty to vehicular manslaughter and reckless driving charges. Four teenagers were passengers in the defendant's vehicle when he lost control of the car and crashed into a lightpole. One of the teens was killed.

The State Attorney prosecuting the case stated that the defendant's car was traveling 75 mph in a 45-mph zone. He stated that the accident was so intense that the victim would likely had died even had he been wearing his seat belt, which the evidence revealed that he had not been. Another teen in the car was paralyzed from the waist down. The injuries to the defendant and to the other teens were not serious.

While the defendant apologized to the victim's family in open court, the family indicated that they and their son are deserving of more than a mere apology. The family was understandly unmoved as the apology came on the defendant's day of sentencing and he had not expressed prior remorse.

In this case, the defendant was sentenced to jail time despite the fact that there was no evidence that he had been intoxicated, under the influence of drugs or that he had been texting while driving. He got jail time because he was driving too fast, crashed his car and a young person paid the ultimate price.

The judge in this case more likely than not looked at the totality of the facts and concluded that in light of the tragic fatality and the catastrophic injuries inflicted on otherwise innocent children that a jail sentence, and not probation was just and appropriate. The court was also probably aware of the horrendous statistics regarding teenage car accidents that I am about to discuss and wanted to send a message to South Florida teens that they need to drive responsibly and shall be held fully accountable for their actions if they fail to do so.