North Florida Injury Lawyer Blog

A driver who was going the wrong way on East State Road 50 into oncoming traffic caused a fatal collision. The driver who driving into oncoming traffic was identified as Catherine Peterson. age 50, of Winter Springs, Florida. Florida state troopers say they are still unsure why Peterson was driving in the wrong lane. According to investigators, Peterson's Hyundai SUV crashed into a Honda Prelude. The driver of the Prelude was identified was Calvin Williams, 33, of Christmas, Florida.

Troopers said the collision spun the Prelude and lifted its rear into the air. The Prelude came down on top of a Ford Escort that was passing the initial crash between the Hyundai SUV and the Prelude. The driver of the Escort was identified as Jeffrey Rory Eller, 42.

The collision caused all parties involved to sustain serious personal injuries and one death. Specifically, after the collision, Peterson was taken to Orlando Regional Medical Center in serious condition. Eller was taken to Parrish Medical Center, also in serious condition. Williams was taken to Florida Hospital East where he later died. Williams was not wearing his seat belt.

The crash is still being investigated and charges are pending. Test to determine whether Peterson or Williams were under the influence of alcohol were also conducted, according to troopers. If you would like to read more on this story please see Driver going the wrong way on S.R. 50 causes fatal car crash and leaves other drivers in serious condition.

The death of this man is a tragedy for his family and community. Hopefully, the other parties involved have a quick and full recovery. It is critical that drivers on Florida roadways keep their attention and focus on the road. Sometimes traffic patterns can become confusing to drivers. Therefore, it is imperative that Florida drivers stay alert to their surroundings and changes occurring on Florida roadways.

Douglas Wayne Rutledge, a 30-year-old man of Destin, Florida, has been formally charged after he allegedly hit a bicyclist on the Mid-Bay Bridge. Rutledge has been charged with leaving the scene of an accident with injuries and failing to drive in a single lane. According to a Florida Highway Patrol media release, Rutledge apparently dropped a lit cigarette while driving and as he bent down to pick the cigarette up he drifted into the paved shoulder of the bridge causing the passenger-side window of his vehicle to strike a 71-year-old cyclist, Berthold W. Schliesing. The collision caused Schliesing to be thrown from his bicycle.

According to witnesses, after the accident occurred, Rutledge stopped and exited his truck and spoke to another driver in a silver vehicle. After a brief conversation with the driver Rutledge took off. Witnesses also gave a detailed description that led authorities to Rutledge's truck. The FHP matched the damages on his truck with the accident and are continuing to investigate. Rutledge, the registered owner of the truck, was contacted by troopers and told them he left the scene because he did not know he had hit anything.

Schliesing was found on the side of the bridge is "pretty bad condition." He sustained personal injuries in what appeared to be a head injury and a laceration to his stomach. According to news reports, Schliesing was listed in serious condition at Sacred Heart Hospital in Pensacola, Florida. Rutledge will be entitled to an attorney to defend the charges against against him. If you would like to read more on this story please see Hit-and-run accident in Destin, Florida leaves bicyclist in serious condition.

Drivers need to be aware of their surroundings at all times. Distracted driving in the U.S. is becoming an increasing problem on Florida roadways. Distracted driving comes in all forms from driving while eating, putting on makeup, texting on your cell phone, etc. All of these activities take the driver's focus off the road. While driving, steer clear of distracted driving behavior in order to make Florida roadways safer for all, especially children and bicyclists.

Robert J. Carrier, a 59-year-old man of Trenton, Florida was killed after his motorcycle collided with a pickup truck that had made a U-turn in front of Carrier's motorcycle. The driver of the pickup was identified as Jackie R. Barron, 60, also of Trenton, Florida.

According a news report posted in the Gainesville Sun, Barron made a U-turn in front of Carrier. Carrier tried to avoid the pickup by steering right, but Carrier was too close and the left front of his motorcycle struck the right front on the pickup. The collision caused Carrier to be thrown from his motorcycle and into a ditch. He was taken to Shands at the University of Florida where he later died.

Barron was not injured. Charges are pending the outcome on the investigation. Of course, if any citations are issued to the truck driver, he will be entitled to contest the citation in Court pro se or through the representation of a Florida traffic ticket attorney. If you would like to read more on this story please see Trenton motorcyclist killed after colliding with a pickup while pickup was making a U-turn.

The death of this man is a tragedy for his family and community. Because Florida has great weather year-round, many people enjoy riding or driving motorcycles. Therefore, drivers on Florida roadways need to take extra precautions, especially around motorcyclists and bicyclists. Drivers should avoid cutting others off, turning abruptly and speeding. By being attentive and taking extra precautions while driving, many Florida automobile accidents can be avoided.

The dangers of texting while driving has been compared the dangers of driving while intoxicated. Although many States are currently enacting legislation that reduces or prohibits cell phone use while driving, Florida has no such prohibition. Bills that would have prohibited from cell phone use while driving in Florida died in committees during the Legislature's annual session earlier this year.

Here are some statistics from the National Highway Traffic Safety Administration that show how dangerous--and deadly--cell phone use while driving, or other forms of distracted driving, can be:

- In 2008, 20% of all accidents were the result of motorists focusing their attention on something other than driving.
- 6,000 people were killed in crashed that were caused by distracted driving.
- Drivers who text are four times more likely to be involved in crash than those who focus on the road.

Other forms of distracted driving include eating, grooming, talking to passengers, and reading (including maps). The broad range of distracted driving activities is what caused the previous bills to die. Some legislators are concerned with overreaching and claim that an amount of personal responsibility comes into play. If you would like to read more on this topic please see Distracted driving, especially texting while driving, can be deadly.

Also, if you are interested in reading about recent legislation that has restricted cell phone use while driving please read Texting While Driving Now Banned in the State of Kentucky - Law Will Save Lives and Prevent Kentucky Automobile Accidents.

In Florida and other Statutes, merely obeying the posted speed limits is not enough. There are circumstances on the roadways that take place every day that require drivers to slow down, and, yes, driver under the speed limit. Section 316.185, Florida Statutes addresses this issue by stating that "the posted speed limits shall not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist or may exist with respect to pedestrians or other traffic or by reason of weather or other roadway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person, vehicle, or other conveyance on or entering the street in compliance with legal requirements and the duty of all persons to use due care. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318."

If there is a rainstorm, automobile accident, children crossing the road, a group of bicycle riders, or other situations, driver should slow down for the safety of others. If all we had to do was to follow traffic signals and speed limits, we could have robots drive our vehicles; however, there is much more to driving than obeying speed limits and traffic signals.

A Good Samaritan from Jacksonville, Florida was tragically killed by electric shock after he touched power lines that had been downed by a motorist the Good Samaritan was trying to help. The motorist was a 19-year-old woman. The accident occurred during the morning when the woman swerved to miss a deer causing her to strike a power pole, splitting the pole in half. The power pole was carrying more than 14,400 volts of electricity.

The Good Samaritan, identified as David Katterhenry, 52, stopped to help the motorist and was electrocuted as he approached the vehicle. Katterhenry's girlfriend was a passenger in his car, she was uninjured. According to Katterhenry's sister, in a discussion with police, the woman motorist was calling out to Katterhenry to help her out of the vehicle. As Katterhenry was approaching the car, he stepped over one power line but then touched another one. Katterhenry had one son and was an engineer at Vistakon. If you would like to read more on this story please see Jacksonville, Florida Good Samaritan killed by electric shock.

The death of this man is a tragedy for his family and his community. Drivers on Florida roadways need to take extra precautions. If you observe an accident or collision on Florida roadways, contact authorities immediately. The sooner local authorities as well as emergency and fire rescue units arrive, the better and safer for all parties involved. If the drivers in the accident or collision are responsive remind them to remain calm and that help is on the way.

Researchers find answers as to why cell phones are so distracting - Americans are addicted to their cell phones. Researchers says about 8 in 10 people who own cell phones talk on them while driving, results that are disastrous to driving conditions. In fact, about one-third of traffic accidents per year (about 1.6 million) are attributed to people talking on their cell phones. According to one study, drivers who are talking on their cell phones are more likely to swerve in and out of lanes and miss an exit.

Researchers also say that hands-free cell phones really do not make any difference either. A review of studies suggests that hands-free cell phones are just as distracting as regular cell phones. Driving while talking or texting on a cell phone has been compared to driving while intoxicated. If you would like to read more on this study please see Researchers give reasons as to why cell phones are so dangerous while driving.

Although you may think you can multi-task, research suggests that the brain tends to primarily focus on one major activity at a time. Therefore, put your cell phones away while driving. Doing so will make Florida's roadways a safer place for all drivers and especially children.

According to officials, an Orange County (Florida) deputy was attacked by two pit bulls while trying to serve a warrant. According to a report, because the deputy was in fear of his safety he shot the pit bulls - killing one and "seriously" injuring the other.

Officials say the deputy was attacked when an Orange County gang unit was sent to a home in Bithlo, Florida to serve a felony warrant. The deputy who was attacked sustained minor personal injuries to his lower legs. Deputies later arrested the man sought in their investigation. If you would like to read more on this story please see Deputy attacked by two pit bulls while trying to serve warrant.

Although domesticated, dogs are still animals with inherent animal instincts and dangerous propensities. If you are a dog owner it is important to know the dog provisions of your county and city. Local county ordinances will inform you on how to properly and lawfully secure your dog in order to avoid an event like this from occurring. If you would like to read summaries of the Dog Leash Laws in the various counties of Florida please see our Florida Child Injury Lawyer Blog.

A three-car collision that shut down westbound Interstate 4 in Osceola County, Florida sent four people, including an infant, to the hospital. According to Florida Highway Patrol (FHP) troopers, Carolyn Alecia, 21-year-old, was driving with her infant on westbound I-4 when a tire on her Ford van separated, which caused Alecia to loose control of the car. After losing control, the van crashed into a Nissan driven by 30-year-old Fabiola Munoz. According to investigators, after the collision between the van and the Nissan, a Toyota, whose driver has not yet been identified, crashed into the van, which caught fire.

Munoz sustain minor personal injuries and was taken to Arnold Palmer hospital. Alecia's infant along with the other unidentified driver of the Toyota also sustained minor personal injuries and were hospitalized. However, troopers says Alecia was hospitalized with serious injuries. The crash still remains under investigation. If you would like to read more about this story please see 3-car collision sends four people, including an infant to the hospital.

Interstate travel can be very dangerous; cars are traveling at higher speeds and there can be a great amount of traffic on interstate highways. Drivers need to stay attentive while driving, not just on interstate highways, but all Florida roadways. Doing so will keep Florida's roads a safer place for all people, especially children.

Written By: Lenorae C. Atter
Attorney at Law

Florida ranks as the worst and most lenient for child safety laws according to the National Transportation Safety Board. The NTSB report recently released finds that Florida's laws are not stringent enough on providing for children to be in a safety regulated seat. According to the NTSB, since 1996, children eight (8) years old and younger should be protected by state child restraint laws. Florida's law only requires that a child, three (3) years or younger is required to be a child restraint seat, children ages four (4) to five (5) must either be in a child seat or seat belted and children under the age of 18 are required to wear a seatbelt regardless of their seat location in a vehicle.

According to the NTSB report, Florida fails to maintain laws that properly and effectively protect children. While Florida has failed to upgrade the child safety laws to meet the NTSB recommendations, Florida has made strides in getting adults to wear seat belts. In 2009, Florida passed a law allowing drivers to be cited for failing to wear a seatbelt while driving. Prior to the change, officers could only issue the citation if a driver was pulled over for a separate driving infraction. The recent "click it or ticket" campaign did show that there is an increase in safety belt usage in Florida. The report, recently released on the matter, showed that there has been a 2% increase in seat belt usage in the last year.

While Florida has failed to get behind the NTSB's recommendations, there are indications, based on the 2009 law change, that indicates Florida is taking this matter seriously.

A 3-car collision in Lakeland, Florida caused the death of one woman and left three others with personal injuries. According to Lakeland Police Sergeant Terri Smith, Jearlene Meeks Daughtry, 70, of Plant City, Florida, died at the scene. Daughtry was a passenger in a gray Chevrolet Lumina that was driven by 76-year-old, Laverne Charles Schaub of Haines City, Florida. Schaub was taken to Lakeland Regional Medical Center with serious personal injuries. The collision also involved 2 pickup trucks.

According to Smith, the Lumina collided with a Dodge pickup truck hauling equipment. The driver of the Dodge pickup, Manrique Martinez, 40, and his passenger, Edvin Mendez, 41, were treated at the scene.

The second pickup involved in the collision was driven by Kathy Bishop, 52; David Swope, 53, was a passenger. Bishop and Swope were taken to Lakeland Regional with non-life-threatening injuries. If you would like to read more on this story please see >3-car collision in Lakeland, Florida leaves one dead and 3 with personal injuries.

The death of this woman is a tragedy for her family and community. There is a tremendous amount of traffic of Florida's roadways and drivers need to exercise the utmost care while driving. Avoid distractions and be aware of other drivers on the road, doing so will not only make you a better driver, but will keep Florida's roadways safer.

An 8-year-old boy, who has not yet been identified, was killed after being hit by a delivery truck while he was riding home from school. The boy was riding his bicycle with his father in Palm Beach County, Florida when the accident occurred. South Florida authorities are conducting an investigation. If you would like to read more on this story please see 8-year-old boy killed while riding bike home from school in Palm Beach County, Florida.

The death of this young boy is a tragedy for his family and his community. Due to the great weather in Florida, many people enjoy riding their bicycles. Florida drivers need to pay great attention while driving and watch out for bicyclists especially children. The current Florida law concerning bicyclists is governed by Florida Statute Section 316.083 - Overtaking and Passing a Vehicle. Pursuant to this statute, drivers must bicycles or other non-motorized vehicles at a safe distance of at 3 feet between the bicycle/non-motorized vehicle and the vehicle itself. If you would like to read more on this statute please see What Is the Florida Law for Overtaking or Passing Bicycles? Rights of Bicyclists.

Another problem Florida drivers face is distracted driving. While driving, please pay attention to your surroundings and do not text or talk on your cell phone / mobile phone.

Michael Dennis Floyd, 17, has been arrested and accused of injuring four people in a hit-and-run accident with an all-terrain vehicle (ATV). According the Florida Highway Patrol, Floyd, who was driving a pickup truck, collided with the ATV. FHP also said the ATV ran through a stop sign.

The kids on the ATV ranged in ages from 12- to 16-years-old; they were all thrown from the ATV and were taken to the hospital after sustaining personal injuries.

Floyd, who reportedly turned himself in, told authorities he initially fled the scene because he did not have a driver's license and had a warrant out for his arrest. He now faces charges of leaving the scene of an accident with serious bodily injury and driving without a valid license. He is entitled to a criminal defense attorney to defend any charges pressed against him. If you would like to read more on this story please see Teen arrested in hit-and-run with ATV.

Luckily, this accident did not result in the death of any involved. Hopefully, the kids who did sustain personal injuries have a full and quick recovery. You should never leave the scene of an accident or drive without a valid driver's license, it is illegal. Drivers need to accept and appreciate the responsibilities they take on when getting behind the wheel of an automobile.

Two motorcyclists were hospitalized after they collided with a tractor trailer on Krome Avenue in Miami Dade, Florida. The two men, both in their 50s, were transported by air to Jackson Memorial Hospital. Officials say both men sustained serious personal injuries.

Florida Highway Patrol is investigating the motorcycle accident. Apparently, according to the FHP, one of the motorcyclists, who was driving southbound on Krome Avenue, crashed head-on with a northbound tractor trailer. The driver of the trailer tried to stop, forcing the trailer to jack-knife and hit the other motorcyclist. If you would like to read more on this story please see Two men sustain serious personal injuries and were hospitalized after colliding with a tractor trailer.

Hopefully, both men have a full recovery. Florida roads, streets and highways are dangerous. People are traveling at high speeds and are not always the most attentive - drivers now face many more distractions because of cell phones. Drivers of automobiles and motorcycles need to stay attentive to their surroundings while driving. Also, although it is not a Florida Law to wear a helmet while driving or riding a motorcycle, helmets decrease the likelihood of death and serious personal injury by a dramatic percentage. The report did not say whether or not these men were wearing helmets.

Written By: Lenorae C. Atter
Attorney at Law

Accidents with resulting injuries seem to happen on a daily basis in Northeast Florida which includes Jacksonville, Orange Park, and Amelia Island. Jacksonville sees its fair share of accidents, but who really suffers the injuries? Often we look at the victim of the car accident as the one that took on the bruises or physical injuries, but what about their children and/or the spouse of the injury victim?
In Florida, Statute 768.0415 recognizes liability for an injury to a person that is the biological or adoptive parent of a minor or dependent child should not solely rest with the damages suffered by the injured victim, but with the minor child of the victim as well.
The idea is that the injury to a parent has a negative result on the dependent child as well. If the physical injuries result in permanent injury or permanent disability, then the child is left with damages for the loss of services, such as cooking dinner; comfort, knowing that their parent is healthy; companionship, especially if the parent is rendered nonvocal or unresponsive; and loss of society, since so much of youth is spent with family friends.

These items can be difficult to value or put a monetary figure to because these damages are not based on a formula, calculation or any type of blue book estimation or analysis. Injuries and their results are real to everyone in the victim's life and a child should be compensated for such losses.

Continue reading " Florida Damages Compensable to a Child for Injury to a Parent " »

Written By: Lenorae C. Atter
Attorney at Law

A pedestrian died after being struck by a car on U.S. 1 near Lewis Speedway in St. Johns County, Florida on Tuesday night. According to Channel 4 News, the victim was 22 year-old Dominic Amodeo, of Huntington Station, NY.

His body was found approximately 4 miles away from where the owner of the vehicle told police she hit a deer, after the car was placed at the scene by a witness. The Florida Highway Patrol's investigation led FHP to believe that Dominic Amodeo was walking south on the shoulder of U.S. 1 a little south of Lewis Speedway when he was struck by the vehicle. It was first believed that the driver's owner, Nicole Jonas, 21 of Palm Coast, was driving the car as it struck the victim. However, a few hours after the accident, the police received a phone call from a man stating that he had hit and killed the pedestrian. The man was later identified as Jonas's boyfriend.

When walking at night, it is always a good idea to wear light colored clothing and walk against traffic, according to Florida safety tips. This helps them see you and for you to see what may be coming towards you.

If you are wondering who would be liable for this type of accident, the owner of the car and the driver can be held liable. Typically, unless a vehicle is stolen, the owner has given permission to the driver to use the car or truck. Once that permission is given, the owner of the car is liable for the negligent actions of the driver and the driver is liable for his/her own negligent driving in Florida.

Continue reading " Pedestrian Accident in St. Johns County " »

Written By: Lenorae C. Atter
Attorney at Law

Florida recognizes comparative fault in damages for negligence arising from incidents including but not limited to automobile accidents, slip and fall incidents, and premise liability and negligent security matters. Florida Statute 768.81 provides that a person cannot be barred or stopped from seeking damages for injuries if that person is somewhat at fault for the negligence. What does this mean?
If you are involved in a car accident because you were texting while driving, but the other party ran a yellow or red light, then you could be found partly at fault for the accident. Not paying attention is negligence, however, the other person's failure to obey a traffic signal is also amounts to negligence. In Florida, you can still recover damages if a judge or jury determines that you were partially at fault for the automobile accident. A judge or jury can assign a certain percentage of fault to each driver. If the liability is clear (i.e. you were going the speed limit, paying attention to the roadway and someone hits you while you're stopped at a red light), then fault is most likely 100% to the other driver.

Florida recognizes that injuries can occur because of more than one reason, however, the party at most fault for the injuries should be responsible for his/her portion of the injuries. Florida has a better set of laws in place as compared to other States. For instance in North Carolina, a person may be barred from recovery any money for injuries if it is determined that the injured person is even 1 % at fault for the automobile accident.

Continue reading " Florida Comparative Fault for Injuries " »

In Miami Gardens, Florida, a man was pinned between an ice cream truck and an SUV sometime around midnight. The man was transported to a hospital for medical evaluation and treatment. Apparently, the accident was a hit-and-run and the victim is asking the person who ran to come forward.

The victim was identified as Pastor Luis Gordon. He is a Reverend at Union Grove Missionary Baptist Church. Pastor Gordon remembers the brief encounter he had with the driver who hit him. Pastor Gordon said he begged the man to help him, specifically, "Help me. I can't breathe ... I am dying help me." And, although the driver heard the Pastor's plea, he fled the scene.

Pastor Gordon was pulling his ice cream truck with his SUV after the truck had broke down. When he pulled over to reattach the rope that was pulling the ice cream truck another driver slammed into the back of the truck. Cynthia, Gordon's wife, said the driver hit the truck, reversed and sped off. Cynthia tried to chase after the driver, but she was unsuccessful. However, she did police a description of the car, despite the fact it was extremely dark outside: a small tan or silver car with damage in the front because of the collision.

Anyone with tips on this accident is urged to call Miami-Dade Crimestoppers at (305) 471-TIPS. If you would like to read more on this story please see Pastor pinned between ice cream trick and SUV after a hit-and-run accident.

Two people were hospitalized after two separate near-drowning incidences. A woman, who frequents the beaches in Jacksonville, Florida, apparently got caught in a rip current and had to be pulled out of the water by her friends and nearby surfers. Jacksonville Fire and Rescue was also contacted and responded to the near-drowning call at around 8:30 a.m. The woman, who was in critical condition, was taken by medics to Baptist Medical Center Beaches. Fortunately, by the time the woman arrived at the hospital her condition had improved significantly, according to Tom Francis, spokesman of Jacksonville Fire and Rescue.

On the same day, but around noon, Jacksonville Fire and Rescue responded to another call about a possible drowning at a retention pond off St. Augustine Road. The pond was located behind a group of new homes in Kingswood Terrace. According to police, two boys, ages 13 and 14 were in the water, but the 13-year-old could not swim. Rescue workers pulled the teen from the pond and took him to Baptist Hospital, where he was in critical condition. If you would like to read more on this story please see 2 separate near-drowning incidents occur in Jacksonville, Florida.

Hopefully both these near-drowning victims will make a quick and full recovery. During these warm, sunny days in Florida both children and adults need to be careful if either intend to be around the water. Although the water is fun and can be a great means for exercise, it is a strong natural force. If you plan on being around the water make sure highly aware of your surroundings: What is the weather like? Windy? Does the water look rough? How good of a swimmer are you? Ask yourselves these questions to better assess your situation and your safety.

Also if you would like to read more on Water Safety please read Importance of Water Safety for Children - Tips for Parents, Camp Counselors, Teachers, Day Care Providers and Others.

William Krabacherr, a 59-year-old Melbourne, Florida motorcyclist, died from personal injuries he sustained after he was hit by a Dodge SUV in Mims, Florida. The driver of the SUV has been identified as 26-year-old Natasha Elkins of Satellite Beach, Florida. According to Kim Montes, a spokeswoman for the Florida Highway Patrol, Elkins allegedly made an improper left turn leading her into Krabacherr's path. The FHP reported that Krabacherr was not wearing a helmet, but Elkins was wearing her safety belt. The crash remains under investigation and charges are pending. If you would like to read more on this story see Melbourne, Florida motorcyclist died from personal injuries after being struck by an SUV.

This man's death is a tragedy for his family and his community. Drivers on Florida state roads should exercise the utmost caution when driving. Automobile accidents can inflict serious person injuries and sometimes cause death. Drivers should always pay attention to their surroundings, keep distractions to a minimum (e.g., by not talking or texting on the cell phont), look both ways to ensure you are not turning into oncoming traffic, etc. If drivers exhibit these behaviors while driving Florida's state roads will become safer for children, pedestrians and motorcyclists.

A 47-year-old woman was killed on S.R. 417 in Orlando, Florida. According to the Florida Highway Patrol, the truck in which the woman was traveling hit and rolled over a guardrail. The woman was identified as Renee Domaingue and she was a passenger in a 2008 Dodge Ram at about 12:30 a.m. when the accident occurred. When the truck hit the guardrail the impact sent the truck spinning and rolling over the guardrail and down into the embankment. The collision killed Domaingue.

There were two other people in the vehicle, the driver, Douglas Leighton, 42, and another passenger, Kevin Wheeler. Both were taken to Florida Hospital East with minor injuries. All parties were wearing their seat belts. The accident is being investigated and charges are pending. If you would like to read more about this story see Truck rolls over guardrail on S.R. 417, kills woman.

The death of this woman is a tragedy for her family and community.

It is imperative that drivers stay attentive while driving. Florida highways present many unsafe scenarios: there are drivers in a hurry, some drivers are intoxicated and others are talking and texting on their cellphones. When driving, pay attention to the road and your surroundings.

A 23-year-old Jacksonville, Florida man was killed after the car he was driving veered of the road and struck a light pole. The 23-year-old was identified as Jeremy S. Modeste. There was also another passenger in the car with Modeste. The passenger's name was not released but the passenger did sustain serious injuries. However, both were wearing their seat belts.

What was the cause of this Jacksonville, Florida automobile accident? Perhaps because it was pouring rain the night before, leaving roads slick and making conditions optimal for car crashes.

These weather conditions were also a factor in another accident that occurred on Interstate 95. These slick roads caused a semi-truck to jackknife on I-95 at just north of the University Boulevard intersection - the semi's trailer dangled over the ramp entrance but no one was injured, said police. The accident caused I-95 to be closed for several hours, according to the Jacksonville Sheriff's Office. If you would like to read more on these accidents please see Weather conditions make Jacksonville, Florida roads dangerous.

The death of the 23-year-old man was a tragedy for his family and his community. Hopefully, the passenger makes a quick and full recovery. Slick and wet roads make roads dangerous for driving even at the posted speed limits, because it is more difficult for drivers to stop and a lot easier for drivers to hydroplane and lose control of their vehicle. Weather conditions are common in the State of Florida and will not lightening up anytime soon with it being hurricane season. When weather conditions are bad but find yourself in a car, take extra precautions: wear you seat belt, do not speed, give yourself more space between vehicles and more time when making turns and changing lanes. Drive with caution at all times especially when the roads are wet.

The Florida Highway Patrol reported the death of a Melbourne motorcyclist after his motorcycle was hit by a sports utility vehicle (SUV) in Mims, Florida. The victim was identified as 59-year-old William Krabacherr. According to FHP (Florida Highway Patrol) spokeswoman Kim Montes, Krabacherr was traveling east of S.R. 46 on his Harley-Davidson motorcycle when he was hit by a Dodge SUV. The driver of the SUV was identified as 26-year-old Natasha Elkins of Satellite Beach. Montes said that Elkins made an improper left turn leading her into Krabacherr's path.

Krabacherr was taken to Parrish Medical Center in Titusville, Florida. He was pronounced dead at 12:56 p.m., almost 45 minutes after the collision occurred. The motorcyclist was not wearing a helmet, reported the FHP and Elkins, who was not injured, was wearing a seat belt. The crash remains under investigation and charges are pending. If you would like to read more about this story please see Motorcyclist dies after improper left turn.

The death of this man is a tragedy for his family and his community. Typically, a person making a left hand turn must yield to oncoming traffic. It is important to obey the traffic laws of your city and make roads a safer place for both children and adults. On Mims and other city roadways, drivers should exercise the utmost caution when driving. This especially applies to drivers when driving around children, pedestrians, bicyclists and motorcyclists.

Written By: Lenorae Atter
Attorney at Law

In Duval County (Jacksonville), Florida, according to Florida Department of Highway Safety and Motor Vehicles, the traffic fatality rate in 2009 was 114 people, 49 of the fatalities were related to alcohol. Traffic accidents are often linked to someone involved being responsible for the accident. In Florida, when death occurs because of the negligence of another person, then damages can be recovered under the Wrongful Death Act.

In Florida, the personal representative for the estate may bring the action on behalf of the decedent's survivors and estate. When there an individual passes from natural causes, the expenses of such fall to the estate and the survivors. The State's intent was to not place the burden on the family if someone else acted negligently and that negligence caused the death. (Florida Statute 768.20)

Damages for such an action are outlined in Florida Statute 768.21, and includes but is not limited to: each survivor being entitled to the value of the loss of support from the date of injury to death; future loss of support; loss of companionship (spouse/children); pain and suffering.

Due to complexities involved in this type of legal matter, it is a good idea to seek legal advice from a qualified and experienced attorney. If you have questions, please contact Wood, Atter & Wolf, P.A.

Written By: Lenorae Atter
Attorney at Law
Injuries resulting from a drunk driving accident can be disabling, if not fatal. Florida law recognizes what is commonly referred to as "Dram Shop Law," which allows for liability for such accidents to be place on not only the responsible individual, but the restaurant, bar or individual that served the drunk driver.

In accordance with Florida Statute 768.125, simply providing alcohol to someone of legal age does not place liability on the serving individual. However, serving alcohol to a minor does establish liability. In addition, serving alcohol to a known drunk (i.e. the regular at a bar that always drinks until unable to stand) also places liability on the individual, bar or restaurant that served the person known to have such a reputation or propensity for drinking and driving.

Continue reading " Florida Drunk Driving Accidents - Who Can Be Held Liable? " »

Written By: Lenorae Atter
Attorney at Law

In Florida, a dog owner is responsible for the damages caused by their dog. Florida Statutes provide that dog owners are strictly liable, meaning there is no defense, if the owner's dog attacks or causes damage to another person or property. (Florida Statute 767.01)

If a dog bites someone that is on public grounds, invited onto the owner's property, has a legal right to be on the property, or is under the age of 6, then the dog's owner can be held liable for any and all damages. Such damages can be medical, wage loss, pain and suffering, etc. The claim is treated as any personal injury claim, and even though the dog owner is liable, the damages can be lessened if the owner can show that the injured person caused the attack (i.e. violently pulled the dog's tails and ears), as long as the victim is of a reasonable age to understand his/her actions. The prior behavior of the dog cannot be used as a basis or argument to decrease the damages for which the dog owner is responsible. (Florida Statute 767.04)

If you have been the victim of a dog bite or attack, it is important to seek medical attention because dog bites often become infected. Also, you should document the injuries with photographs because it helps preserve your right to recover for any damages or out-of-pocket expenses you may have occurred.

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Local schools start soon in Gainesville, Florida, however, you might not be seeing much traffic directing going as you would in the past. The Alachua County Sheriff's Office and Gainesville Police Department has told its school crossing guards that they are not longer permitted to direct traffic. A crossing guards' sole job is to create big enough gaps in traffic for students to cross the street.

In previous years, crossing guards helped drivers make left turns and other maneuvers to reduce the traffic build-up outside of schools. However, these gestures are no longer allowed under state law.

Art Forgey, a sheriff's spokesman, gives a summary of the basic, expected fines. Forgey states citations can vary in amount from $104 for a non-moving violation to a $154 for a moving violation. For speeding through a school zone, fines range from $119 and can exceed the amount of $594! If you pass a stopped school bus, expect a $259 fine and running a red light will cost you $252.

Therefore, while making that morning commute give yourself some extra time, especially since you no longer have help of the crossing guards. Also, be extra cautious as you pass through school zones because the fines for speeding through a school zone has gone up. If you would like to read more on this story please see New state laws affect crossing guards in Gainesville, Florida.

Pursuant to Sec. 462.402 in the Jacksonville, Florida Code of Ordinances, a "dangerous dog" is defined as a dog as any dog whose actions, according to records and after investigation, meet at least one of the following:

1. A dog who bites, endangers or otherwise aggressively attacks a human or inflicts severe injury on a human either on public or private property, including the owner's property;

2. A dog who attacks or bites another dog or domesticated animal and cuases severe injury or death to the other dog or domesticated animal upon public or private property, including the owner's property;

3. Is a dog trained for dog fighting or is being used for the purposes of dog fighting; or

4. A dog who chases or approaches a human in a menacing or threatening manner and in an apparent attitude of attack while the human is conducting himself/herself in a peaceful and lawful manner.

These dogs are exempt from the above described definitions of "dangerous dog":

1. A dog who is engaged in the performance of duties while under the supervision of law enforcement officials.

2. A dog who attacks or bites a human while the human in engaged in or attempting to engage in criminal activity at the time of the attack.

3. A dog who attacks a human while the human is willfully trespassing upon the property of its owner or, is tormenting, abusing or assaulting, the dog or its owner or a family member.

4. The dog is protecting or defending a human within its immediate vicinity from an unjustified assault or attack.

5. A dog attacks another dog or other domesticated animal on its owner's property while the dog or other domesticated animal is there without consent.

6. The dog is engaged in any legal hunt or training procedure.

If you would like to read more of the dog provisions in Jacksonville, Florida see Dangerous Dogs in Jacksonville, Florida.

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.

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