Wrongful Death Lawyer Blog

A Florida woman was struck and killed by a tractor-trailer early today while reporting an accident she had just been involved in. According to jacksonville.com the 29 year-old Lauderhill resident was traveling northbound on I-95 when her car veered off the road near Brunswick, Georgia, subsequently striking a guardrail and bouncing back onto the traffic lanes.

Apparently, she called 911 soon thereafter to report the accident and while on the phone with a State patrol operator, she was struck by an eighteen-wheeler driven by Carlos Borges Sores, a 48 year-old Miami resident. The emergency services dispatcher claims to have heard the impact. According to State patrol operator Steve Drury, they heard the victim say something like: "Oh my God" and then they heard the truck hitting her.

Driver Fatigue?

An investigation into the facts of this case is underway and it is too early to place blame until more facts are known. Moreover, the victim was telling the emergency operator that her vehicle, a 2005 Dodge Stratus, had no lights on after the first accident. However, the accident with the truck happened at around 3 a.m. Given our many years of experience seeing truck companies set schedules that force their drivers to be on the road for longer hours that they legally should, we cannot help but wonder whether driver fatigue player a role here.

We Have Direct Experience With This Kind of Cases

Our firm has direct experience handling cases just like the one described above. We represented the estate of a Plantation woman that was struck and killed by a speeding SUV, while she stood on the emergency lane waiting for help with her disabled vehicle. In our case, the victim's car had broken down on I-595 in Davie. Since her family hired us soon after the accident, much of the evidence was still available. We conducted an exhaustive investigation that allowed us to recover the black box (event data recorder) of the at-fault driver's SUV. This device showed that the vehicle was traveling 20 miles over the posted speed limit at the time it struck the victim, allowing us to recover a substantial settlement in a wrongful death lawsuit filed on behalf of her children.

Continue reading "Driver of Wrecked Car Killed While Reporting Accident" »

A Phoenix, Arizona man has suffered a fatal spinal cord injury at an indoor trampoline amusement park, according to justicenewsflash.com. The accident occurred Thursday last week at Skypark, a local recreational facility.

The victim's name was Ty Thomasson, age 30, who was with a group of friends when the accident happened. Apparently, Mr. Thomasson was injured when he dove into a foam pit at the indoor trampoline complex. It is not yet clear how exactly Mr. Thomasson dove into the pit, but the fact remains that he broke his neck. Emergency crews responding to the scene said he was not breathing and did not have a pulse when they arrived. Mr. Thomasson was rushed to the hospital and succumbed to his injury on Sunday, February 5.

While the investigation of this event is still ongoing, it is worthwhile to note that this may also be a case of product liability for which the manufacturer of the trampoline and/or foam may be liable. For example, if it is shown that those using the trampoline believed (as well as Mr. Thomasson) that the foam in the pit made it safe to dive into the pit and there were no signs indicating that such was not the case, both the park and the manufacturer of the trampoline may be held liable for Mr. Thomasson's wrongful death.

Park Responsible for Patron's Safety

Amusement parks are responsible for their rides and apparatus functioning correctly. For example, under Florida Law, amusement parks are responsible for the safety of their patrons and must comply with the same general laws applicable to all other businesses. They have a duty to maintain their facilities in a reasonably safe condition, they have a duty to correct dangerous conditions and they also have a duty to warn patrons of known dangerous conditions.

Local, state and federal governments have developed additional rules designed to help keep amusement parks safe for patrons. For example, some of these rules regulate the parks' maintenance schedules and provide for safety inspections. Some other rules enforce height and weight limits on rides. There are also specific language requirements for warning signs intended to advise patrons of hazards and strict training standards for ride operators.

Continue reading "Man Suffers Fatal Spinal Cord Injury at Amusement Park" »

A Madison County driver has been charged with DUI manslaughter and vehicular homicide for the death of a passenger killed when he lost control of the vehicle and crashed last October, according to www.wtxl.com. On October 15 of last year, Henry Lee Robertson, Jr., was driving his car along US Highway 90 when he lost control of the vehicle, striking a telephone junction box and several trees before coming to a full stop. According to police, Henry had been drinking and his blood alcohol level was .224. Henry had two passengers with him in the car: Jamie O'Neal Hampton and Jerry Lacadrick Miller. They were all wearing their seat belts, but while Henry and Jamie survived, Jerry did not.

Having motor vehicle operators held criminally responsible if someone dies as a result of them negligently operating a vehicle while under the influence of alcohol or having these drivers held liable in civil court for the damages that their negligent driving caused, is not news. Therefore, we should not be surprised if the estate of Mr. Miller files suit for wrongful death against Mr. Robertson and his insurance company....

Yet, our experience over a combined 60 years of practice, has taught us that some victims hesitate to file a claim against the responsible driver due to a feeling of guilt over suing a relative or a close friend.

Continue reading "Suing A Close Friend or Relative May Be Unavoidable and Costly if Delayed" »

According to a study cited by USA Today, the Orlando - Kissimmee metro area is the deadliest metro area for pedestrians in the United States with 550 pedestrians killed in the last decade alone.

Four Other Florida Cities Top The List

The study by Transportation for America, a safety advocacy coalition, only included cities with more than one million inhabitants. Florida was the State with more cities on the list with Tampa - St. Petersburg - Clearwater as number 2; Jacksonville as number 3 and Miami - Ft. Lauderdale - Pompano Beach as number 4.

Continue reading "Orlando Is The Most Dangerous City For Pedestrians In The United States" »

One person died and nine were injured in a three car crash that forced authorities to close the Dolphin Expressway early this morning, according to the Miami Herald.

Not a Good Morning for Commuters

The accident backed up traffic for miles, with only one lane being re-opened nearly two hours after the crash. Apparently it all started at around 6:45 a.m. when the driver of large red passenger van lost control at the 57th Avenue (Red Road) exit ramp, hit the yellow barrel-like crash attenuators and flipped over. Subsequently, two other vehicles hit the van: a silver pick up truck and a red car. Both of these vehicles sustained extensive damage.

Continue reading "Multiple Car Crash Closes The Dolphin Expressway (SR 836)" »

Florida legislators are considering a new law which would set limits to the liability nursing homes could face in wrongful death cases, according to the Sunshine News.

If approved, the new law would limit non-economic damages to $250,000.00 for a nursing home's first wrongful death case. Additionally, the new statute would not allow families seeking redress for wrongful death to be awarded punitive damages against the investors/owners of the nursing home, if these are not from Florida.

Good for Nursing Homes, Bad for Our Elderly

Among the supporters of the bill are the Florida Health Care Association and the Chamber of Commerce. Both these organizations say that nursing home operators could use the money they currently spend fending off lawsuits in providing better health care at the facilities. On the other hand, the groups that oppose the bill, among them the AARP and the Florida Justice Association, say that the bill does nothing for nursing home residents and only helps nursing homes by limiting the liability for which they should be held accountable.

Continue reading "New Florida Law Would Protect Nursing Home Owners At Elderly Patients Expense" »

Florida legislators are considering a bill that would greatly limit nursing home's liability in wrongful death cases, according to an article in the Sunshine News.

Under the proposal, non-economic damages would be capped at $250,000.00 for any nursing home's first wrongful death case. Similarly, it would make it very difficult to punish a nursing home for it's conduct by awarding punitive damages or to go after out-of-state investors/owners of the nursing homes.

Good for Business, Bad for the Public

The bill has supporters and detractors. Groups that favor the bill (the Florida Health Care Association and the Chamber of Commerce) say that it would help nursing home operators save money currently spent fending off lawsuits and allow instead for it to be spent by the home in providing better health care at the facilities. Detractors (the AARP and the Florida Justice Association) state that nothing in the bill helps nursing home residents and that, instead, it only helps the nursing homes by limiting the liability for which they should be held responsible.

Continue reading "Florida Lawmakers Consider Shielding Nursing Home Owners" »

According to the Associated Press, four people, who had previously been involved in an accident, were killed by a car early Saturday morning on I-95.

Hit by Another Vehicle While Trying to Check on Others

NBC reports that five of the people involved in the earlier accident were walking on the express lane of I-95, trying to check on the condition of those in the other vehicle, when they were struck by a passing vehicle. Unfortunately, four died at the scene and one was transported to Ryder Trauma Center at Jackson Memorial Hospital.

Continue reading "Four Pedestrians Killed by Car on I-95 in Miami" »

A new, more comprehensive, "Black Box" system for motor vehicles will be available later this year.

In-Vehicle Event Management System (IVEMS)

This technology is not new. Event data recorders that keep records of things like the speed a vehicle was traveling at a certain time; failures of a number of mechanical or electronic systems, etc. have been around for a while.

Not Popular Among Common Car Owners

However, while the system's tracking capabilities have been popular among fleet operators (cab companies, trucking companies, etc.) because it allows them, among other things, to control their driver's movements, these systems are not popular among regular car owners because of privacy concerns...And such concerns may only be heightened by the ability of this new In-Vehicle Event Management System (IVEMS) to store not only electronic data related to system's failures, but digital video surveillance data as well.

Continue reading "Technology Aids in Event of Accident" »

The concept of uninsured/underinsured motorist coverage is missunderstood by most people. It is maybe the most important insurance coverage you should carry to protect yourself and your loved ones.

To register a car, Florida drivers are only required to purchase $10,000.00 in property damage coverage and no-fault coverage. The property damage coverage pays up to $10,000.00 for the property damaged (car, tree, fence, etc.) in an accident caused by you or the driver of your car. The P.I.P. Benefit (Personal Injury Protection Benefit), also known as no-fault benefit, pays 80% of medical bills and 60% of any wages lost by you or a family member, up to $10,000.00 minus any applicable deductible.

No bodily injury (B.I.) coverage is required in Florida. This means that if someone else injures you in an accident they cause, they do not have to carry insurance to pay for your injuries. This is very important because the only way you can protect yourself and your loved ones, is to have uninsured/underinsured motorist coverage (UM/UIM).

UM/UIM Coverage Explained

When you purchase uninsured motorist and underinsured motorist coverage you have your own insurance company stand in place or in addition to the coverage carried by the person who caused the accident. Florida law establishes that your own car insurance company must offer you UM/UIM coverage up to the limits of the BI (Bodily Injury) coverage that you choose. This means that if you purchase bodily injury coverage for your car of 25/50 ($25,000 per person/$50,000.00 per occurrence) you are automatically allowed to purchase up to $25,000/$50,0000 in UM/UIM benefits. Also, if you have more than one car, you can purchase "stackable coverage" in which case you would have $25,000 in coverage for each car in your household. It is an inexpensive way to protect your family.

Continue reading "Why Carry Uninsured//Underinsured Motorist Coverage (UM/UIM)?" »

Most people do not understand the concept of uninsured/underinsured motorist coverage. This is perhaps the most important insurance coverage you could purchase to protect yourself and your family.

In Florida, all that is required of a driver to register a car is insurance coverage of $10,000.00 in property damage coverage and no-fault coverage. The $10,000.00 in property damage coverage, pays up to $10,000.00 to anyone else for the their property (including a car, tree, fence, etc.) that is damaged by an accident that you or the driver of your car causes. The no-fault benefit or PIP (Personal Injury Protection Benefit), as it is also known, pays 80% of your medical bills and 60% of your loss wages or a family members loss wages, up to an aggregate of $10,000.00 minus any applicable deductible.

Florida does not require mandatory bodily injury coverage. In other words, if someone else causes an accident, and you are injured, they are not required to have coverage to pay you for your injuries. This is very important. The only way to protect yourself and members of your family, is for you to purchase uninsured/underinsured motorist coverage (UM/UIM).

What is UM/UIM Coverage?

What this means is that you are buying coverage through your own automobile insurance carrier to take the place of or be in addition to the coverage provided by the person who was at fault for the accident. Under Florida law, your own automobile insurance company must offer you UM/UIM coverage up to the limits of the BI (Bodily Injury) coverage that you elect. In other words, if you purchase bodily injury coverage for your car of 25/50 ($25,000 per person/$50,000.00 per occurrence) you are automatically allowed to purchase up to $25,000/$50,0000 in UM/UIM benefits. In addition, if you have more than one car, you can purchase "stackable coverage" which means, that you would have $25,000 in coverage for each car in your household that is covered under the policy. This could dramatically increase the insurance for you and your loved ones at a very reasonable rate. It is an inexpensive way to protect your family.

Continue reading "Uninsured//Underinsured Motorist Coverage (UM/UIM)" »

Car accidents happen everyday. No one wakes up one morning expecting to have a car accident that day. And when accidents happen, they usually cause injuries and shock. I believe it is important to offer people guidance on what to do after a car accident to protect their rights and preserve the evidence. After being involved in a car accident, you or someone near you should:

1. Unlock your doors and turn off your engine.

2. If you can, check how are the other occupants of your car. If someone is hurt, ask them not to move and if you can, make sure they are immobilized.

3. If someone is bleeding, try to apply a tourniquet or compress the wound to stop the bleeding.

4. Call or ask someone to call 911 for you. Make sure to request the police and rescue.

5. As much as you can, preserve your calm and remain oriented. Answer as clearly as possible all questions asked by emergency rescuers.

Stay Put

Sometimes after an accident, a person is not in pain and responsive. Adrenaline and other factors may contribute to this. Should you find yourself in this situation, try not to move around unnecessarily. If you can, try the following:

a. Give your insurance information to the other driver and ask for their's. Also, give that information to the police.

b. Try to obtain the name, addresses and phone numbers of people who have witnessed the accident

c. If you can, take photographs or videotape the scene. This can be done either with a camera or, thanks to current technology, a cell phone.

d. If you are hurting or not feeling well to any extent, ask to be taken to an emergency room.

e. Tell the physician or emergency room doctor, nurse or paramedic, where it hurts. Give a detail account of everything that hurts, from the top of your head to your toes. Don't refrain from telling them about any condition and let them decide what's relevant or not.

f. Follow the orders from your healthcare providers. After all, they are the experts and for them to be able to effectively help you with your injuries, they must know as much as you can tell them about your past medical history. This also applies to your attorney. Tell him or her everything about your past so that he/she can properly represent you.

Continue reading "Now That I Had a Car Accident, What Should I Do?" »

Car accidents occur daily. They are unexpected. People are often left injured and in shock. It is important to know what to do after a car accident to protect your rights and preserve the evidence. After being involved in a car accident you or someone close to you should do the following:

1. Turn off your car and unlock your doors.

2. Check on the condition of everyone in the car. If anyone is injured, tell them not to move and if possible, ensure that they are immobilized.

3. If anyone is bleeding, make sure that either a tourniquet is applied or bleed is compressed to stop.

4. Either you or have someone for you should call 911 and be specific in requesting rescue as well as the police.

5. Stay calm and oriented. Respond clearly to the questions that you are being asked by emergency rescuers.

Don't Move Around

Often times after an accident, a person isn't immediately incapacitated or in pain. This could be due to adrenaline and other factors. If that is the case, please be careful moving about but, if you can do the following:

a. Exchange information with the other driver or give information to the police officer who is responding.

b. Get the name, addresses and phone numbers of any witnesses.

c. If possible photograph or videotape the scene either using a camera or a cell phone camera.

d. If you are at all not feeling well, request transport to a hospital or emergency room.

e. When you see a physician or emergency room doctor, nurse or paramedic, tell them what hurts from the top of your head to the bottom of your toes, even if you don't think it's anything serious. Let the medical personnel decide what if any injuries you have.

f. Follow doctor's orders. Remember they are the professionals.

Continue reading "What To Do If You Are In A Car Accident?" »

Apparently, as they walked home from school, four teenagers were hit by a driver who seems to have passed out at the wheel and lost control of his SUV.

One of the teens lost his life, two remain in critical condition and one is stable at Jackson Memorial Hospital. It is unknown at this time whether the driver, who was also airlifted to the same hospital, will face charges.

Criminal Charges And Liability Unknown

The unfortunate circumstances of this accident may shield the driver from criminal charges and civil liability. If the events were caused by a medical condition over which the driver had no control and had no knowledge or warning of, the likelihood of him facing either is slim. However, while the State Attorneys Office will decide whether he should face criminal charges, they will not make a determination on whether the driver has incurred civil liability. These victims or their loved ones can only make an educated decision as to whether they can pursue a civil action against the driver and his insurance company after they consult a personal injury attorney. They should not accept a determination made by the driver's insurance carrier in this regard, as insurance companies are not there to help innocent victims, but rather, to limit their exposure. Consulting with a personal injury attorney will not cost them money but only a little of their time, since personal injury attorneys in Florida will not charge them unless they win the case.

Continue reading "Four Teenage Pedestrians Struck by SUV in Hialeah" »

Here we go again! Another South Florida pedestrian is struck down by a motor vehicle, this time as he was getting on a public bus.

Elderly Man Hit as He Was Getting on Bus

Although the driver that struck this pedestrian could not drive away in his vehicle, he simply walked off while others helped the victim. The victim was a 91 year old gentleman trying to board a bus. Apparently, the driver lost control of his SUV, went on to the sidewalk and hit the elderly pedestrian. The victim was taken to Jackson Memorial's Ryder Trauma Center, where he remains in critical condition.

Continue reading "One More Pedestrian is Run Over in South Florida" »