While we do not know who or what caused this Gainesville car accident, the Alachua County truck appears to have been at least partially at fault. Therefore, accident victims may be able to recover compensation by bringing a personal injury claim against the county.
]]> Claims Against Florida Governmental EntitiesPersonal injury claims against governmental entities such as cities and counties are different from personal injury suits against insurance companies. There are specific amounts of money that individuals can recover from governmental entities. Thankfully, those amounts went up last year - by $100,000.
The current "split limits" for claims against the government are 200/300. This means that each person injured in an auto accident can recover up to $200,000 or up to $300,000 per accident claim.
Additional Compensation in the Interest of Justice
These limits are not necessarily caps. Governmental entities CAN pay more than the limits if they so choose. There is nothing that prohibits them from paying a legitimate, just amount that is above and beyond the statutory limits.
This is important because, while the caps went up, they may not be enough to compensate individuals injured or killed in serious accidents. If, for example, someone is seriously injured in a Florida car accident and requires lifelong rehabilitation, the medical bills, loss of income and other damages he or she faces could reach many hundreds of thousands of dollars, even over a million dollars.
Whether a governmental entity chooses to pay additional damages depends on the entity and on the facts of each car accident case. Plaintiffs and their personal injury lawyers must provide accurate and detailed information about their economic damages and evidence showing the extent of their noneconomic damages (such as pain and suffering).
Source: The Gainesville Sun, "Dump truck crushes car on NE 53rd ave., kills county employee," May 15, 2012.
]]>The Florida drunk driving accident occurred in the early morning. The drunk driver went the wrong way down U.S. 19 and hit another car head-on. The driver of the other car was pronounced dead at the scene of the accident.
DWI Accidents and Personal Injury Lawsuits
The drunk driver faces multiple consequences for his actions including:
In a drunk driving personal injury lawsuit, families can recover compensation for medical expenses, funeral expenses, pain and suffering, loss of income, loss of consortium (the love of a husband or wife) and other economic and noneconomic damages.
Punitive Damages
Personal injury cases that involve drunk driving are unique because victims can also request "punitive damages." Punitive damages are meant to punish drunk drivers for their actions. These damages go beyond the typical economic and noneconomic damages.
If the trier of fact (jury or judge) finds the defendant guilty of "intentional misconduct" or "gross negligence," then it can usually award punitive damages in the amount of:
If you have been injured or have lost a loved one in a Florida drunk driving accident, you have options for recovery and may be able to hold the drunk driver accountable for his or her actions. Learn more by speaking with an experienced personal injury lawyer.
Source: The Gainesville Sun, "Charges filed in January fatal accident," May 10, 2012.
]]>In Boynton, a Jeep Cherokee collided with a scooter at an intersection, throwing the scooter's driver onto the street. Police are still investigating which party ran a red light.
In Davie, a driver struck a scooter at 45 mph after losing control of the vehicle on a tight curve. The scooter's driver later died in the hospital. Police determined that the car's driver was negligent because the vehicle's tires were balding. The curve is located in a dangerous roadway and was wet at the time of the accident.
There is no question that people who operate scooters are at higher risk than other drivers. According to National Highway Traffic Safety Administration (NHTSA) data collected over the five years from 2006-2010, over 300 people died in Florida scooter accidents, small motorcycle accidents and mini-bike accidents.
]]> The most recent accidents come at a time when high gas prices have driven more drivers to choose scooters over automobiles. Scooters are a cheap alternative for commuters and travelers with limited access to public transportation. Sellers are seeing more interest in scooters, including high-end models.Further, Florida law allows people interested in switching to scooters to drive certain small-engine models without a motorcycle endorsement or other special training.
With more scooters on the highway, car and truck drivers need to pay close attention. Scooters can be hard to see when merging or turning in traffic. Scooter drivers should also recognize that they are much more vulnerable to injury in accidents. Due diligence on the part of all drivers can help minimize the risk of accidents and injuries.
Source: Orlando Sentinel, "Fatal Scooter Crash Exposes Hazardous Turn in Davie," Erica Pesantes, Apr. 18, 2012.
]]>The review of the fatal Florida motor vehicle accident stated that the Florida Highway Patrol (FHP), "acted in a manner which they believed was appropriate and in the best interest of restoring the safe and orderly flow of traffic to the roadways." However, there were things they could have done better.
For example, the FHP did not have any specific protocols about reopening highways closed due to low visibility. Shortly before the accident, the FHP decided to reopen the highway because the smoke and fog had lifted. One trooper advised against it. After the troopers reopened the highway, most of them left the scene and no one was there to act when the fog settled again. In fact, even though one trooper noticed dense smoke on a nearby highway, the FHP did not take effective action to monitor I-75.
]]> Combined with the smoke from a nearby fire, the fog made visibility practically zero for drivers, which caused accidents involving 25 vehicles.This is the second Florida car accident involving smoke and fog in recent years. In 2008, there was a large fatal crash in Polk County on Interstate 4. According to the FDLE, the FHP did little to change its procedures for low visibility caused by smoke and fog. "The specific changes to FHP's policies and procedures were limited" and training was "ineffective and poorly memorialized," according to the FDLE.
Lieutenant John Gourley, who was the FHP commander in charge of the scene, specifically said that he was never trained in reopening or closing roads and simply knew his responsibility was to reopen the roads as soon as they were clear.
In addition to telling the FHP to create specific policies for reopening roads, the FDLE has requested that the state increase warning signs for dangerous areas - such as the one where the I-75 accident occurred - and implement a way to monitor those areas.
Source: StAugustine.com, "FDLE: No criminality in big I-75 crash, but protocol changes needed," David Royse, Apr. 26, 2012.
]]>Soon after we wrote our last blog post on motorcycle accidents, two more serious motorcycle accidents occurred locally.
In the first accident last Thursday morning, a 28-year old was killed at the intersection of Southwest 12th Ave. and South Main Street in Williston. He was thrown from his bike after being hit by a Chevrolet four-door car turning left into his path. The driver of the Chevrolet did not see the motorcyclist, according to state troopers. The Williston motorcycle accident is very similar to the accident in Ocala that we spoke about in our last blog post.
In the Gainesville motorcycle wreck, a 23-year old student was critically injured after losing control of his bike and running into a palm tree.
]]> Keeping an Eye Out for MotorcyclistsAccording to Gainesville Police Sergeant Joe Raulerson, motorcycle accidents caused by motorists turning left into the path of motorcyclists are common. The fact that two of these accidents occurred in one week proves this point.
By failing to watch for smaller vehicles on the road and at intersections, we are putting lives at risk. We forget to look over our shoulder or around the car frame where smaller vehicles may be just out of view. In a hurry, we forget to pause at stop signs and don't take the time necessary to notice all vehicles on the road.
This is especially true in the era of distracted driving. Instead of watching the road, people frequently watch their cell phones, turn stations on the radio, and otherwise focus on something else besides driving. This leaves less time to watch the road - for both car drivers and motorcyclists.
Just as cars need to watch out for motorcyclists, motorcyclists have to be careful at intersections and anticipate what other drivers will do - "You have to be the most defensive driver you can ever be on a motorcycle," according to Raulerson.
Let's all keep Florida's roads safe by keeping an eye out for other motorists.
Source: The Gainesville Sun, "One Dead, Another Critically Hurt in Motorcycle Crashes," Cindy Swirko, Apr. 12, 2012.
]]>This Ocala motorcycle accident involved five separate vehicles. A Buick Regal heading north turned right into two motorcyclists who were traveling south. Then, a car traveling in the northbound lane struck one of the motorcyclists a second time. Another car collided with some of the debris. One motorcyclist was killed and two others suffered minor injuries from the crash.
"All I can say is that people need to slow down in Marion County," the motorcyclist's mother said at the scene.
]]> The driver of the car that caused the fatal accident was 81 years old. As we have discussed in a previous blog, an 80-year-old driver is 13 times more likely to be in a car accident than a 30-year-old driver. Older drivers also generally have poorer judgment when making left-hand turns.Yet we cannot assume age is to blame. A combination of factors may have contributed to this accident. Motorcycle accidents are frequently caused by all ages of drivers who simply don't take the time to watch out for smaller vehicles on the road, as the victim's mother implied.
Your loved one was killed in a motorcycle accident. What now?
If you have lost a loved one to a motorcycle accident, we offer our sincerest apologies. Nothing can replace your loved one and no amount of money can make up for your loss. However, we also understand that the mounting medical bills, funeral expenses and loss of income can make this difficult time unbearable. The last thing you want to do is deal with a lawsuit. A personal injury attorney can take that burden off your shoulders.
Generally, close family members may bring a lawsuit to recover compensation after a serious accident, including the victim's spouse, children and parents. You may be able to recover compensation for:
Source: Ocala.com, "Ocala motorcyclist, 21, killed in crash on Baseline Road," Carlos E. Medina, Apr. 9, 2012.
]]>The teenager was uninjured, but the police chief did not receive a ticket for the accident, even though he turned right into the bicyclist. According to the Town Administrator, "He faces administrative sanctions. He could lose his car or he could receive driving training."
The bicyclist was riding his bike to school when he was hit. Many cyclists are on the roads in the morning, commuting to school or work. There are also many car drivers, eager to get out of rush hour traffic and to work on time. The combination can lead to serious bike accidents and injuries, especially at intersections.
]]> Yet, the solution is not as simple as asking people to stop biking to work or school, as some drivers would wish. Commuting by bicycle has many positive impacts on the individual and the community, including:In fact, the health benefits an adult bicyclist receives from commuting by bike to work can significantly add years to a person's life, which outweighs the risk of a bicycle accident.
How, then, can we reduce bicycle accidents while supporting the bike commuting culture? Both bicyclists and motorists must play a part.
Bicyclists can:
Motorists have an equal, perhaps more vital, duty to keep bicyclists safe. The most important thing drivers can do is keep an eye out for bicyclists. Don't just look for cars at intersections, but take an extra glance for pedestrians, bicyclists and motorcyclists before you cross the road or turn a corner. Give bicyclists plenty of room when passing them, and stay a safe distance away when following them.
Source: Orlando Sentinel, "Davie police chief hits teenager on bicycle while driving unmarked car," Susannah Bryan, Mar. 23, 2012.
]]>At least two of Saturday's motorcycle accidents involved criminal conduct. In the first accident, a 78-year-old man was charged with leaving the scene of an accident causing serious bodily injury. The driver turned in front of a biker, hit the biker, and then drove away to his home in Ormond Beach.
]]> In the second motorcycle accident, a 77-year-old woman driving a van swerved into the southbound lane of a highway and struck a biker riding northbound. She is being held on DUI manslaughter charges.During Bike Week and throughout the year, many motorists point fingers at bikers, claiming that they don't drive safely. Yet, as these accidents show, the drivers of other vehicles are frequently the ones at fault. Cars must share the road with motorcyclists and bicyclists, but drivers often fail to watch out for other, smaller vehicles.
The drivers in Saturday's fatal motorcycle accidents will not only face criminal charges for their wrongful conduct, but will also likely face wrongful death lawsuits from the family members of the deceased bikers. Family members may be able to recover compensation for medical bills, funeral expenses, pain and suffering, loss of income and more. In the DUI accident, the driver may also face punitive damages (damages that are meant to punish drivers for, and deter future, reckless actions).
In addition to the motorcycle accident fatalities, many more bikers were injured this year. According to the Florida Highway Patrol, there were at least 10 motorcycle accidents in Central Florida on Saturday.
Source: The Daytona Beach News-Journal, "Death Toll for Bike Week at Eight Through Monday," Lyda Longa, Mar. 20, 2012.
]]>The Marion County Community Traffic Safety Team sponsored the event, which was supported by the Florida Highway Patrol, Ocala Police Department, Marion County Fire Rescue and Marion County Sheriff's Office.
Prom season for area high schools begins in late March (Forest High's prom is March 31st) and continues through April. Spring break is also upon us - many Marion County schools have their Spring Breaks next week.
]]> This is a time that high school students celebrate life and freedom. It is also a dangerous time on our roads. There are more vehicles on the roads driven by inexperienced drivers, some of whom have had too much to drink or have experimented with drugs.Motor Vehicle Accidents Involving Teenagers
Motor vehicle accidents kill more people between 15 and 20 years of age than anything else. According to the Florida Department of Highway Safety and Motor Vehicles' 2010 Traffic Crash Statistics Report, 80 teenage drivers and 64 passengers were killed on Florida roadways in 2010. There were 26,848 accidents involving teens, which injured more than 18,500 teenagers. At least 610 of those accidents were caused by drunk drivers between the ages of 15 and 19.
What can you do to help keep your teen safe on prom night and over Spring break? First, do not be afraid to sit down with your teenager and talk about drinking and drug use. Ask your teenager where he or she will be and when. Offer to chauffeur, help pay for a limousine ride if you are able to do so, or give your child money for a cab. Remind your teenager that it is better to call a cab than ride even a few miles with a drunk driver. Finally, have your teenager take a cell phone with him or her to call you if needed.
Source: Ocala.com, "Mock DUI Prom Accident Slated at Forest High," Joseph Callahan, Mar. 13, 2012.
]]>Last Friday, a police officer was injured while responding to a call. She was following another officer's car on Northeast Eighth Road when the accident occurred. A driver pulled off the road for the first officer but then back onto the road directly into the path of the second officer's speeding car, causing an accident.
The driver who caused the Ocala car accident was not seriously injured and has been cited for failure to yield for an emergency vehicle.
]]> The second car accident occurred on County Road 484 near I-75 on Sunday morning. A man driving down the wrong side of the highway hit a Marion County sheriff's deputy's vehicle head-on. According to a traffic homicide investigator, both drivers tried to take the same evasive action, causing them both to move toward the median and into each other. The Sheriff's deputy was not using his sirens at the time of the accident.These accidents are a reminder of the dangers faced by officers on duty. When we say that police officers have a dangerous job, we often think about the violent confrontations they encounter. We rarely think about one of the biggest risks they face: driving.
Like the rest of us, police officers take risks every time they step into their cars. Yet they are also in their cars more often than most of us. Furthermore, when responding to a call, police officers must sometimes drive faster than the speed limit and rely on other drivers to make room for them.
And the dangers extend far beyond responding to calls. When peace officers pull cars over for speeding or other traffic violations, or stop to help cars stalled in the middle of the road, they rely on all of us to keep a safe distance. Unfortunately, many officers are injured or killed each year in Florida car accidents caused by negligent or reckless drivers who fail to do just that.
Remember to move at least one lane over when you spot a police car on the side of the road, and pull over when you are near an emergency vehicle with its sirens on. These are simply traffic rules that protect all of us.
Source: Ocala.com, "One person killed, deputy injured in head-on crash," Joe Callahan, Mar. 4, 2012.
]]>For riders, Daytona Bike Week is an enjoyable gathering filled with bike enthusiasts, racing, bike shows, competitions, music and other events. Yet every year, the week ends tragically for some. Last year, six people died in motorcycle accidents during Daytona Beach Bike Week. Many others were injured.
]]> While riders caused some of these motorcycle accidents - for example, one rider was killed after clipping a garbage truck - others were caused by drivers failing to look out for bikers.In Ocala and other towns around Daytona Beach, everyone knows to expect motorcycle traffic during the Daytona Beach Bike Week. Many residents drive more cautiously, knowing that motorcycles are smaller than other vehicles and often harder to see. Of course, there is always more that we can do to prevent the yearly tragedies that plague the week.
Some precautions that motorcyclists and other drivers can take this year include:
If you are injured in a Daytona Beach Bike Week accident, an experienced personal injury lawyer can talk to you about your options for recovery. You may be able to recover compensation for your injuries, pain and suffering, lost income, rehabilitation costs and your treasured bike.
Source: Bike Week 2012, Official Bike Week Headquarters.
]]>At least 2,130 vehicles have these potentially faulty airbags.
When a defective airbag or other automobile defect causes an airbag accident, the injured victims or the families of the deceased may be able to recover compensation from the company (or companies) responsible for the defective part. To do so, the injured parties must bring a product liability claim against the company.
]]> Auto defects can include defects in design, car maintenance and manufacturing, such as:In some cases, there may be multiple responsible parties, such as the manufacturer of the defective auto part, the auto company that sold the car, and one or both drivers. These cases often require extensive investigation / evidence gathering - such as collecting witness testimony and reconstructing the accident - to determine who was at fault.
They are also difficult cases against powerful companies. Automobile companies, concerned about their reputation and the reputation of their product, have the resources to defend themselves well. Yet, to not fight this fight would allow the company to get away with negligence and perhaps let other drivers continue to drive unsafe cars. Moreover, you deserve to fight for compensation for your injuries. That is why it is important to bring a lawsuit with the help of an experienced auto defects lawyer.
Source: The Wall Street Journal, "Safety Regulators Probe Supplier for Airbag Problems," Jonathan Welsh, Feb. 22, 2012.
]]>Under Florida Statutes 316.192, a person can be charged with reckless driving if he or she "drives any vehicle in willful or wanton disregard for the safety of persons or property." A first reckless driving conviction carries a penalty of up to 90 days imprisonment and $25 to $500 in fines. If someone drives recklessly and commits serious bodily injury, he or she can face felony charges.
]]> Yet, police officers pull very few people over for reckless driving and they rarely (if ever) cite someone for texting while driving. That is one of the reasons why most U.S. states have now passed at least a partial ban on texting while driving, and many have begun to enforce the ban to keep our roads safe.There are two texting-while-driving bills in the Florida Legislature this year - Senate bill 416 (SB 416), which has made it through three committees but awaits a final vote, and House bill 299 (HB 299), which has not passed committee yet.
Both bills would put texting while driving under "secondary enforcement," which means that police officers could not pull individuals over for texting while driving. Instead, they could only cite drivers for texting while driving if they pulled the drivers over for something else, such as reckless driving or speeding.
Those charged with texting and driving would face a $30 fine (first offense) or $60 fine (second offense within five years). If the driver caused a crash while texting, he or she would receive six points on his or her driver's license, half of the points needed to suspend a license for 30 days.
Texting While Driving Statistics
According to a study by AAA, texting while driving increases your chances of being involved in a car accident by at least six hundred percent. A similar study by the federal government showed that texting while driving made a driver 23 times more likely to be involved in an accident. In fact, according to the Federal Motor Carrier Safety Administration, a driver can drive the distance of a football field without looking if he or she is sending a text while going 55 mph.
Most people agree that texting while driving is dangerous, but almost half of young drivers (16 and 17 years old) and one in seven adult drivers admit to texting while driving.
Hopefully, this will be the year that Florida follows in the footsteps of the 36 other states that ban texting while driving for all drivers.
Source: Insurance Journal, "Florida Lawmakers Weigh Texting While Driving Ban," James L. Rosica, Feb. 13, 2012.
]]>Yet, what if you do have that choice? What are the safety features available in cars that could have saved lives in the Gainesville car wreck and may protect you if you are involved in an accident?
]]> Some of the newer safety features to look for in a car include:Even small improvements, such as door handles that don't protrude, have brought car safety a long way from the Model T.
Future Safety Features
There is technology available that, if implemented, could make our cars far safer than they are today. One innovation that could be standard on all vehicles in the next few years is vehicle-to-vehicle communication.
The U.S. Department of Transportation (DOT) and National Highway Traffic Safety Administration (NHTSA) is currently studying vehicle-to-vehicle communication. This technology would allow vehicles to send automatic signals to each other that would prevent collisions.
Researchers in Germany are considering going a step further with this technology and installing it into children's backpacks and helmets to prevent pedestrian accidents involving children.
U.S. companies are also testing autonomous cars - cars that drive themselves, taking driver error out of the car accident equation. We may see this technology soon in automatic car braking and steering.
Unfortunately, it will take a long time before any of this technology is commonplace on our roads. According to a recent Consumer Reports article, it can take up to three decades. For example, anti-lock brakes, which were introduced in 1985, will finally be in 95 percent of vehicles in 2015. Electronic stability control won't reach that point until 2029.
Headed in the Right Direction
While the number of cars on the road has doubled in the last 30 years, the number of fatal car accidents has gone down. This is a positive trend that can continue, if the government and car companies continue to put occupant safety first.
Meanwhile, if you have a choice in the car you drive, make safety your number one priority.
]]>Just three and a half hours before the Gainesville car wrecks, police had closed I-75 due to heavy smoke and fog that caused a three-car pile-up. The larger pile-ups occurred 15 minutes after the Florida Highway Patrol made the decision to reopen the highway.
]]> At the time of the accidents, the smoke and fog had built up to the point that most drivers could only see a few feet in front of them. A truck driver involved in the accidents described it as "just like a wall." When emergency crews reached the scene, conditions were so bad that they could not reach all of the victims and had to find some victims by sound.Who Is Responsible?
Florida Governor Rick Scott has ordered the Florida Department of Law Enforcement to investigate why the highway patrol decided to reopen I-75. The National Transportation Safety Board (NTSB) is considering joining the inquiry. The Florida Highway Patrol claims that conditions were clear when they reopened the highway but visibility quickly deteriorated before the accidents. Winds may have picked up to clear the road temporarily, only to die down and let the fog and smoke settle in again.
The smoke that was the principal culprit of low visibility was a brush fire burning on Paynes Prairie. It has destroyed 62 acres and may have been intentionally set. If arson was involved, the person who started the fire may be charged with manslaughter.
Beyond determining how the fire was started, it will take time to investigate the accidents and determine how each car was involved and who might be held responsible for the accidents and injuries. Once the investigations are complete, the victims and victims' families may be able to bring personal injury claims to recover compensation for their injuries and the deaths of their loved ones.
According to Florida Highway Patrol Lieutenant Patrick Riordan, some of the people involved in the accident were saved by the newer construction of their cars. Riordan cautioned that drivers should never let their guard down and always be prepared for sudden changes in visibility.
Source: The Gainesville Sun, "10 Dead in Crashes; I-75 Temporarily Closed Monday Morning," Cindy Swirko & Chad Smith, Jan. 29, 2012.
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