North Florida Injury Lawyer Blog

John E. Medeiros, 58, of Ocala, Florida, faces his second DUI manslaughter charge in two years after the car he was driving fatally struck a motorcyclist. The man riding the motorcycle was identified as Dwayne E. Bradley, 39, of Hawthorne, Florida. Bradley was driving a red 2007 Honda motorcycle as the time of the accident. According to authorities, Medeiros was attempting to turn left onto Northeast 77th Street when the 2000 Cadillac Deville he was driving collided with the motorcycle. The impact of the collision threw Bradley, who was wearing a helmet onto the roadway. Troopers reported that Medeiros continued driving after the collision but eventually turned around and returned to the scene.

Bradley was flown to Shands at the University of Florida in Gainesville, where he was declared dead. The Cadillac that Medeiros was driving belonged to his father. Medeiros' sister, Sheila Medeiros-Sexton, stated that her father did not know that his son had taken the vehicle. Medeiros' sister also stated her brother had been released early from a drug/alcohol rehabilitation center. Medeiros' jail records reveal that he has had a colorful past. His first arrest was back in May 1996 when he was arrested for DUI. On October 1, 2003, he was arrested for driving while license was suspended or revoked. Then, on May 1, 2008, he was arrested for driving while his license was suspended of revoked, DUI manslaughter and possession of marijuana.

For his most recent incident, Medeiros has been charged with driving with a canceled license, DUI manslaughter and violation of probation on a felony charge of driving with a suspended or revoked license. After the collision he was transported to Marion County Jail. If you would like to read more on this story please see Ocala man charged with his second DUI manslaughter, fatally kills motorcyclist.

The death of Dwayne E. Bradley is a tragedy for his family and community. Medeiros should have never been behind the wheel not only because he was intoxicated but also because his license was revoked. Drivers have a duty to drive safely and be courteous to others on the road. Seriously neglecting those duties when you get behind the wheel can be deadly.

On Halloween, there are an abundance of children in the streets of Jacksonville, Orange Park, and other North Florida cities, trick-or-treating from one house to the next. Halloween also brings out the party-goer and alcohol is often handed out to adults like candy is to children. The Florida Highway Patrol is looking out for both this year and has issued driver and pedestrian safety tips. In addition, the Florida Highway Patrol is also committed to cracking down on drunk drivers.
To avoid accidents this Halloween, drivers should be alert and drive more cautiously. If you are traveling in a neighborhood, be aware that kids are around and often their costumes are not bright. Drive carefully through the streets, especially in areas that do not have sidewalks. If a road is dark, be certain to use your high beams. f you are planning on partying with alcohol, it is important to take a taxi. The fact Halloween falls on a weekend means it's more likely kids will be out later. Do not take chances with your life or the life of an innocent child.

For parents, children and other pedestrians, it is important to pay attention to traffic in your area. Be aware of the roadway at all times and know your area before taking a walk. It is also important to take flashlight and/or put something bright on your costume to attract the attention of drivers. It's important to enjoy the night, but also pay attention to the time because the later it gets the greater the chance someone will be returning from a night of drinking.
For more safety tips, visit the Florida Highway Patrol website.

What are the sovereign immunity caps or limits for personal injuries caused by a government entity and its employees? In the State of Florida as well as other states, there are laws in place that protect government entities. These laws allow a government entity to be sued only under certain circumstances and only up to certain limits. Government entity refers to any city (i.e. City of Jacksonville), county (i.e. Duval County), or state entity (i.e. Florida Department of Corrections).
Sovereign immunity laws in Florida limit recovery against a government entity to $100,000 per person and/or $200,000 per accident. What this means, is that the State recognizes that State and local government cannot be held liable for damages over that amount. There are, however, certain exemptions. For instance, if there is liability insurance over the sovereign limits, a case could be pursued to the extent of those insurance limits in certain circumstances. In addition, a claims bill could be pursued for the full value of the case. A claims bill is essentially a special law passed by the Florida legislature to allow payment or recovery of damages over and above the sovereign limits. It is quite difficult to obtain approval by the legislature and governor for a claims bill. Currently, the Florida sovereign immunity injury cap is $100,000 per individual and $200,000 per incident. These limits will be increased to #200,000 per individual and $300,000 per incident beginning in October 2011. See Governor Crist Signs Law Changing Sovereign Immunity Caps.

On Tuesday, four people died in a head-on car accident on Georgia Highway 140. It was reported that the accident occurred when the driver of a Kia Sportage (a small SUV) went over the center, double line of traffic and struck an oncoming Buick LeSabre.

Sadly, Ralph Jimmy, the driver of the Kia, died instantly. There were three people in the Buick LeSabre at the time of the accident. The 81 year-old driver, J.R. Tucker and 82 year-old Margaret Crews were pronounced dead at the accident scene. The 76 year-old passenger, Jean Tucker, died on the way to the hospital.

The accident investigation has not shown signs that the driver of the Kia Sportage was under the influence of drugs or alcohol, at the time of the accident. However, the investigation is ongoing. Investigations are common in these types of cases because there is no one to ask, other than possible witnesses, what may have caused the Kia to enter the oncoming lane of traffic. Toxicology is generally taken in such cases and can take weeks to get results. However, when there are no signs that alcohol played a factor, the questions of how and why can some times go unanswered.

In Florida, the State of Florida has laws in place that recognize wrongful death actions, which must be brought within 2 years of the accident. In cases such as this, the survivors of the deceased could bring a wrongful death action against the at fault driver. In addition, if the passengers held uninsured motorist coverage, then recovery for damages may also be sought under that individual’s insurance. Wrongful death actions are pursued in order to compensate the family members that may have been dependent upon the deceased financially, physically, or emotionally.

In Florida, there are a number of laws / statutes in place that apply to traffic regulation and rules of the road. It is important for every driver to obey Florida traffic laws and otherwise operate his or her motor vehicle with due care and caution. Section 316.075, Florida Statutes requires all vehicular traffic to stop and remain stopped at a red light until it changes. While this law is simple and clearly written, drivers violate this Florida statute every day on Florida roads and highways. A traffic control device is in place for a purpose. Following the traffic control device is vital for the safety of drivers, passengers, bicyclists, and pedestrians. A recent automobile accident / bus accident was reported in California by California News 13 - Deadly Los Angeles School Bus Crash. As a result of this automobile accident, 19 people were injured and 1 was killed on Monday after a BMW ran a red light, hit a pedestrian, and broadsided a school bus, making it flip onto its side. The driver and all but one passenger of the BMW fled the scene and were later caught by the police with the help of a nearby construction worker.

As illustrated by this reported accident, simple compliance with traffic control devices (i.e. red lights) can save lives and avoid the horrific consequences caused by careless driving.

According to the United States Center for Disease Control and Prevention, accidental falls are the number one injury-related reason for emergency rooms visits. The American College of Emergency Physicians suggests the primary way of avoiding these types of falls is prevention.

Facts about Unintentional Falls:
- 33% of home-injury-deaths are a result of falls; the leading cause.
- More than 40% of nonfatal injuries are a result of falls.
- Children under 5-years-old and adults over 70-years-old are most at risk.
- For children, the most severe falls are associated with baby walkers and play equipment such as trampolines.
- For older adults, falls are generally associated with lower-body weaknesses, difficulty with balance and walking, sight impairment, chronic illness or a history of stroke.

Methods of Prevention:
- Remove clutter from all areas of your home - do not leave objects on stairs or in walkways.
- Use nightlights. Ensure the tops and bottoms of staircases are well lit.
- Repair loose stairway carpet or boards.
- Ensure the bottoms of bathtubs and showers have non-skid surfaces.
- Check playground equipment to ensure it is in a good and safe condition before allowing your child to play on the equipment.
- For younger children, parents should consider using locking gates near stairways.
- Windows accessible to children under 5-years-old should be sealed.
If you would like to read more on this topic please see Tips for fall prevention; the leading cause of emergency room visits.

In Arlington area of Jacksonville, Florida, a newborn baby died after suffering serious personal injuries from a Pit Bull dog bite attack at an Arlington home. Due to the death of this child due to a Pit Bull attack, the Jacksonville Sheriff's Office and the Florida Department of Children and Families will be investing the circumstances of this incident. Dogs, whether they are a Pit Bull breed or another breed, can be unpredictable especially around children. Sometimes, a dog (with no prior warning and no prior history) just snaps and attacks a child or attack. This may have been the case here. It is unknown at this time since the dog's history or lack of history of aggression was not reported.

The death of this child is certainly a tragic loss for the family and the community. The incident is a reminder to all owners of dog to maintain control of the dog when around small children especially infants. Caution and safety measures should be exercised at all times for the protection of children. You can read more about this story at New Born Child Dies After Pit Bull Dog Attack in Jacksonville, Florida. See also Florida Law as to Dog Bite Injuries.

Is there a Florida Law on passing or overtaking a vehicle? The simple answer is Yes. Pursuant to Section 316.083, Florida Statutes, the driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. The driver of a vehicle overtaking a bicycle or other nonmotorized vehicle must pass the bicycle or other nonmotorized vehicle at a safe distance of not less than 3 feet between the vehicle and the bicycle or other nonmotorized vehicle.

The statute further provides that except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle, on audible signal or upon the visible blinking of the headlamps of the overtaking vehicle if such overtaking is being attempted at nighttime, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

See Section 3416.083, Florida Statutes - Overtaking and passing a vehicle.

It is important for drivers in the State of Florida to follow these rules and other rules of the road. Safety should be put at a priority anytime that a driver is on the road. If it is safe to pass another vehicle, do so with caution and at a safe speed. If there is any question about passing another vehicle, be smart and wait for a better opportunity to pass. If you ultimately cannot safely pass the vehicle safely, you might be a few minutes late but this is a much be alternative then getting in a Florida automobile accident.

A Sunday accident in Vilano Beach Florida caused multiple injuries. It was reported that Michelle Millero, a 49-year-old woman, made a left hand turn into the path of a 2002 Chevrolet pickup truck carrying a 59-year-old driver Roy Smith, a 13 year old and another passenger. Both passengers were taken to Flagler Hospital with injuries. The driver was not injured at the scene. The driver, Michelle Millero, was taken to Shands with non-life threatening injuries.

In a typical automobile accident case involving injuries, the passengers would first get medical treatment through their own car insurance, or the car insurance of a relative they reside with (the 13 year old boy would fall under his parents’ insurance). The insurance coverage for the initial medical treatment falls under the PIP (Personal Injury Protection) portion of the automobile insurance policy. PIP is a type of No-Fault Automobile Insurance since it does not matter who is at fault for the accident for PIP coverage to apply. The State of Florida requires every registered car owner to carry at least $10,000 in PIP coverage.

In addition, the injured parties would also have a claim for their injuries against the driver of the vehicle who was at-fault for the automobile accident. There would also be a potential claim against the owner of the vehicle driven by the at fault driver. There are various kinds of optional automobile insurance offered in the State of Florida as well as other States. When there is an automobile accident involving injuries, it is important to find out whether there is bodily injury insurance and / or uninsured / underinsured motorist insurance in place.

Continue reading " Vilano Beach Florida Automobile Accident Injures Several People " »

Bicyclist, Edith Gruhn, died from injuries suffered from being hit by a school bus Friday afternoon. The bus hit the 59-year-old woman as the bus exited the Burger King parking lot on North Main Street in Jacksonville, Florida. At the time of the accident, there were no children on the bus and there were no other witnesses to the accident.

Since this incident resulted in the death of the bicyclist, the Jacksonville Sheriff's Office and / or the Florida Highway Patrol will conduct a full investigation into the cause of the accident. According to the brief news report, it was unknown as to where the bicyclist was riding just prior to the incident.

When there is a death that results from an automobile accident or other incident, a claim can be brought for the wrongful death of the victim if it can be proved that the victim died due to the negligence or fault of another person and / or company.

With respect to a Florida Wrongful Death matter, the claim must be filed with the court within two (2) years of the date of incident. The eligible family members, dependents such as minor children and/or spouses would have a claim for damages against the at fault driver / company for whom the driver works.

Tire Kingdom on San Jose Boulevard in Jacksonville, Florida was the scene of an accident Tuesday afternoon after a woman drove through the store’s front window. The car hit a woman who was standing outside the store which caused injuries. The serious injuries required the woman to be flown to the hospital. The driver of the car told a Channel 4 reporter that she thought she was placing the car in park, but went into drive instead.

In a pedestrian accident, the injured pedestrian can still get no-fault medical coverage, known as PIP, through her car insurance carrier. If this pedestrian owns a vehicle and maintains PIP coverage, as regulated by state law, then her initial medical bills will be covered under her own automobile insurance policy.

In addition to the initial medical bills, pedestrians can file a claim for injuries against the at-fault driver. If the at-fault driver does not have insurance or has limited bodily injury insurance, then the pedestrian can file a claim under her underinsured, uninsured (UM) coverage, if she has it.

Continue reading " Accident with Serious Personal Injuries at Tire Kingdom In Jacksonville " »

Florida ranks second in the state with the most vehicular-related fatalities, second only to Texas. Sixty-nine children have died in Florida this year, this number represents 10% of all U.S. child vehicular heat stroke (otherwise known as hyperthermia) deaths since 1990.

To some it may seem irreconcilable how a parent can leave his or her child in the backseat. However, this happens very frequently, sometimes resulting in injury or death to the child. Parents can become easily distracted or experience a minor change of routine resulting in terrible and irreversible consequences. One reason why children are so susceptible to heat stroke from being left inside a vehicle is that a child's body cannot adapt to temperature changes as well as an adult's body. Also, the temperature inside a vehicle can be 20 degrees higher than the temperature outside.

Recently, child safety advocates have been pushing for alarms to sound in cars when a child is left in a back seat. These advocates correlate the child warning alarms to the same alarms that signal a drivers if they leave their keys in their car or their lights on. Florid has changed its law regarding these types of accidents as another way to attempt to prevent these types of injuries or deaths to children. In 2008, Florida law changed to charge every parent with a crime regardless of whether or not the incident was intention. However, the new law did not retract a provision that permits a parent to leave a child inside a vehicle for 15 minutes. If you would like to read more on this topic please see Too many children are dying as a result of being left in vehicles unattended, Florida ranks 2nd.

Hopefully state legislatures will implement new laws or requirements that will lower the rate of vehicular-related heat injury or death in children. In the meantime, it has been suggested that parents leave their briefcase, purse or some other item to act as a reminder to look into the back seat before leaving and locking the vehicle.

Having a firearm in your home can be extremely dangerous, especially if you have children. Firearm-related injuries are a significant cause of death in children. Although the majority of children are injured by a firearm during adolescence, younger child and infants can sustain firearm-related injuries or death. Younger children are most likely to be injured while playing with a gun they found and not realizing the gun is real or loaded. It is common for younger children to shoot themselves or their playmates. It is estimate that almost 50% of the households in the nation possess firearms for safety reasons. However, a firearm at home is more likely to cause injury to or kill the family rather than an intruder.

One key factor in protecting your children from firearm-related injury is proper storage. Restricting a child's access to a firearm within the home can be the difference between life and death. Proper storage of a firearm means keeping the firearm locked in a cabinet or drawer. Also, the gun should be unloaded and the bullets should be locked separately.

Below are other measures that parents, guardians, and gun owners can take to ensure gun safety within the home:

- Use the trigger lock on your gun.

- Do not let children have access to the keys that unlock the drawer or cabinet where the firearm is located.

- Teach your children not to handle guns without adult supervision.

- Try to avoid permitting children to play with realistic toy guns.

If you do not have a gun in your home, your child(ren) should be taught what to do if he or she were to ever come across a firearm. Below are the simple steps a child should be taught if he or she happens to find a firearm:

- Stop!

- Do not touch.

- Leave the area.

- Tell an adult.

If you would like to read more on this topic please see >What to do if you possess a firearm in your home.

Gun safety is very important. Parents and guardians have a duty to teach their children about the dangers regarding guns. Children should know of what to do if they come across a firearm as well as NEVER to play with guns or other weapons.

Retention ponds and detention ponds are raising safety concerns for those who live near them. Retention ponds, also known as wet ponds, are facilities that maintain a permanent pool of water. Detention ponds, also known as dry ponds, store water only in the aftermath of runoff events. These ponds are significantly helpful in the area of stormwater management and flood control. However, these ponds can also pose a significant risk to public health, safety and welfare.

A main safety concern regarding these ponds is that children are extremely attracted to them and can risk drowning or other water-related personal injures. For example, a dry pond near an office park experienced a rapid rise. A child was apparently playing in the pond and was knocked down by jet flows from an inlet pipe, tumbled by vortex flows and ultimately dragged into an unprotected outlet pipe by suction forces. Safety experts are blaming injuries similar to this one on the designed of these ponds. Expert urge officials who are responsible for constructing these ponds to not build these ponds next to areas where children are largely present (parks, playgrounds, etc.). Failure to address the safety risks caused by these ponds could and, more than likely, will lead to more water-related child personal injuries or death. If you would like to read more of the safety concerns regarding retention and detention ponds please see Retention and detention ponds pose risks of drowning and other water-related injuries to children.

Until officials and property owners take a more proactive role in setting up safety precautions for children in and around retention and detention ponds, parents and guardians should inform children of the inherent dangers in water. Water is highly attractive to children. Therefore, children should be taught not to get too close or go into water without the supervision of an adult or other responsible adult.

Interstate 4 is a major highway that runs from Tampa (West Coast) to Daytona Beach (East Coast) of Florida. At times, there are major trucking accidents and automobile accidents that disrupt traffic and more importantly disrupt the lives of many. In some instances, a crash on Interstate 4 results in serious personal injuries.

It was reported in the Orlando Sentinel and by the Florida Highway Patrol that a trucking accident / automobile accident was caused by a semi tractor truck driver who fell asleep at the wheel. Following the accident, the truck driver stated that he remembered that he was tired and recalls waking up up after the accident. Other drivers / passengers traveling on Interstate 4 prior to the accident reported that the truck driver had been weaving in and out of I 4 traffic prior to the crash. You can read more about this story at Interstate 4 Trucking Accident Reportedly Caused by Truck Driver Who Fell Asleep at the Wheel.

The drowsiness and limits of truck drivers is a known danger to the point that there are commercial truck driving regulations in place that limit the number of hours of driving in a day and mandate rest / sleep time periods. In addition, a log book is required to document these activities to insure compliance with these regulations. In particular, the following regulations apply:

*Commercial truck drivers cannot drive more than 10 consecutive hours;

*Commercial truck drivers cannot drive more than 11 total hours in one day;

*Commercial truck drivers is required to take a break of at least 10 hours after logging in 11 hours of driving in one day;

Commercial truck drivers are prohibited from driving in excess of 60 hours in one week; and

Commercial truck drivers are prohibited from driving in excess of 70 hours in a time period of 8 consecutive days.

In addition to the above, there may be additional requirements for a particular State. The public policy of these regulations and others is to make the roads safer. The dangers of a drowsy driver are well known and unfortunately result in serious personal injuries and deaths of Florida roadways and throughout the nation.

Cyndle Cherie Ireland, a 21-year-old woman of Sanderson, Florida, died after being ejected from a truck she was riding in. According to the Florida Highway Patrol, the truck, for unknown reasons, spun out and struck a culvert, causing the truck to flip into a ditch. All occupants of the truck were ejected, including a second passenger.

According to the police report, Ireland was dead at the scene. The second passenger, Sierra Desiree Williams, a 22-year-old woman of Jacksonville, Florida suffered serious personal injuries and was taken to Shands at the University of Florida. The driver of the truck, David K. Starling, a 21-year-old man of Macclenny, Florida, suffered limited injuries. The FHP said none of the occupants of the truck were wearing their seat belts. If you would like to read more on this story please see 21-year old woman killed after being ejected from truck.

The death of this young woman is a tragedy for her family and community. Florida roadways can be extremely dangerous. Therefore, drivers need to always pay attention to their surroundings and keep their focus on the road. Some accidents cannot be predicted or avoided even with the best defensive driving. Other accident, however, are caused due to distracted driving or just plain carelessness. Distracted driving has become a major problem in the state of Florida. Forms of distracted driving include but are not limited to talking or texting on a cell phone, reading, grooming, eating, listening to loud music and talking to passengers in the vehicle. Drivers should keep these activities to a minimum and, therefore, decrease their chances of being involved in a collision or other automobile accident.

Two people died in an early afternoon, head-on collision in Winter Park, Florida. It was reported that the collision occurred when a speeding Ford Mustang coupe lost control, struck two trees in the median and flipped into the path of an oncoming Kia van. Both drivers died. The wife of the van's driver suffered serious personal injuries.

According to the Florida Highway Patrol, the driver of the 1989 Mustang, 28-year-old Ryan Daniel Burns of Winter Park Florida, caused the crash by speeding and making aggressive lane changes. State records revealed that Burns' driver's license was canceled last when he failed to complete a substance abuse treatment program. Burns' license was also suspended last year after he caused a two-car collision on Interstate-4 in Lake Mary, Florida. In the Lake Mary collision, Burns was charged with driving under the influence when his blood alcohol level was 0.112; the limit in Florida is 0.08.

The victims in the Kia van were 40-year-old Loren Scott Bezoff and his wife Tami Bezoff. Loren died and Tami was sent to Winter Park Memorial Hospital. A third vehicle, a 2010 Toyota SUV, was also involved in the collision when the SUV was struck by debris from the initial crash. No one in the Toyota was injured. If you would like to read more on this story please see Two die in head-on collision.

The deaths of these two mean are a tragedy for their families and communities. Aggressive driving such as speeding, cutting drivers off, hostile lane changes, etc. can have life changing or even deadly consequences. Drivers need to be courteous of other drivers and passengers on the road. Also, drivers need to obey speed limits. Speeding decreases a driver's reaction time and brake time, thus, increasing his or her chances for being involved in a collision.

An Ormond Beach attorney, Michael Crotty, died Friday after suffering fatal injuries when his car collided with a delivery truck that reportedly made a U-Turn into his lane of traffic. Crotty was driving northbound on Moreland Boulevard when the delivery truck pulled into his path of travel. Sadly, Michael Crotty was pronounced dead at the scene.
It is unknown whether any citations were given for this Florida automobile accident.

In Florida, both the driver and driver's owner can be held liable for damages resulting from a vehicle accident. In this case, Vera Yela was working at the time of the accident and was driving a delivery truck. Most likely, if the estate and/or family of Michael Crotty were to seek damages from the wrongful death, then both the diver and his employer could be held liable if it is proven that there was negligence on part of the driver for this automobile accident.

Since this automobile accident involved a death, a full homicide investigation report will be completed by the local police department and / or Florida Highway Patrol. The investigation will evaluate the speed, direction, lighting, property damage, witness statements, and other evidence from this accident to determine the cause of the automobile accident.

A pregnant woman was the victim of a dog attack in Orange County, Florida. Two dogs were unleashed and running around a neighborhood, when they approached the pregnant lady as she was walking. The woman suffered deep puncture wounds in her leg where the dogs bit her. The two dogs were reported to be a Pit Bull and a Labrador mix. After the attack, she was taken to the Winnie Palmer Hospital for her injuries. She and the baby were reported to be stable after the incident.
In Orange County, Florida, there is a local ordinance that requires dogs to be on leashes when they are off the owner’s property. In addition, Florida recognizes a strict liability policy regarding dog bites and/or attacks. Strict liability means that the dog owner is liable for any damages caused by the dog, regardless of the dog being provoked by the victim. Strict liability means there is really no defense to the dog owner being responsible for the dog’s actions.
In this case, Animal Services took the two dogs and has them quarantined. The owners of the dogs have not come forward. Typically, a victim will be able to seek damages from the dog owner, including medical expenses. Such a claim would normally be handled under the homeowner’s insurance policy. However, some policies exclude dog bite injuries and / or certain breeds of dogs from coverage under the policy.

Pedestrian versus vehicle accidents often result in severe injuries, the same was true in Silver Spring, Maryland when two pedestrians suffered fatal injuries after being struck by a car. The two men, both 26 years old, were walking in the cross walk around 3:30 a.m. Sunday morning. It was reported that the pedestrians were hit by a driver in a black 2010 Acura who later fled the scene after getting out of the vehicle to see what the driver had it. A witness chased the car down and made the driver and passenger return to the scene until police responded. The driver was later located and given a field sobriety test. If criminal charges are pursued, the alleged driver of the vehicle at issue in this accident will be entitled to representation by a criminal defense attorney or the public defender's office.
Florida and Maryland consider a .08 alcohol level to be intoxicated and reason to charge a driver with a DUI. A DUI manslaughter, which would define this scenario, is a higher criminal offense. In addition, the driver could be held liable in civil court for the wrongful death of both pedestrians. In Florida, a wrongful death claim has to be filed with the court within 2 years of the offense. A civil component would allow the family or estates of the two men to seek damages from the at-fault driver, such damages would be payable from the car insurance of the at-fault driver if there is bodily injury insurance in place. If not, or if the damages are higher than his coverage, then the at-fault driver could be held personally responsible for any money damages as well.

Urgent care centers are on the rise in North Florida and across the nation. These centers promise convenience and consumer-friendly pricing and are popping up everywhere along highways and stripmalls. According to the Urgent Care Association of America, the number of urgent care centers is estimated to have increased by 8% since 2008 despite the recession. However the UCAA predicts its estimation may be low because what defines "urgent care" across the nation is not so clear.

In Jacksonville, Florida, these urgent care centers are very popular. For example, within a 50-mile radius of downtown Jacksonville, at least 32 clinics provide walk-ins with timely care. A dozen of these North Florida clinics belong to the chain Solantic. These clinics offer care during regular doctors' hours as well as nights and weekends. Michael Critzer, director of operations of Physians Medical, another upcoming urgent care center in North Florida, accredits the popularity of these new facilities to the fact that nowadays people need instant gratification, nobody likes to wait.

Emergency rooms are the main competitors of urgent care centers. However, the urgent care centers charge far less than the ERs. Some worry about the quality of care given by the centers. However, urgent care centers are so new that there has not been enough time to adequately study and compare the quality of care given to that provided at an emergency room. If you would like to read more on this topic please see Urgent Care Centers on the rise in North Florida.

A Sunday afternoon drive resulted in a fatal accident on Blanding Boulevard in Jacksonville Florida. A 30 year-old motorcyclist, Shawn Nolan, suffered fatal injuries when he crashed his 2008 Honda motorcycle as a result of a 2007 pulling in front of him.

Blanding Boulevard traffic was stopped for over 3 hours as the police investigated the accident scene. The driver of the motorcycle was not wearing a helmet at the time of the accident. The accident did not cause any injuries to the driver of the Saturn.

Florida motorcycle helmet laws do not require a motorcyclist to wear a helmet, if the motorcyclist is over the age of 21. Here, the driver of the Honda motorcycle was over the required age, so there was no legal requirement for him to wear a helmet. However, if the driver of the Saturn, Summer Stevens, is found liable for the accident, then she could be responsible for the wrongful death of Nolan.

In Florida, the statute of limitations for a negligence claims is four years. However, a wrongful death claim must be pursued within 2 years. Due to the fatal circumstance, a claim for wrongful death is often led by the estate and/or family of the victim.

Russell Hurd has been an advocate for anti-texting laws in the State of Florida after his daughter was killed in Polk County, Florida by a truck driver. Hurd's daughter, Heather, and her fiancé were on the way to discuss the details of their wedding at Walt Disney World when a the driver of a tractor trailer, intent on texting, ran a red light and slammed into the back of eight cars, including Heather's.

Bills have been proposed to the Florida Legislature to stop texting while driving, but all of those bills died in committees during the Legislature's session earlier this year.

Although there is no law prohibiting cell phone use while driving, there are alternatives for worried parents. Below are a list of some of the alternatives:
1. Text Blockers - when a cell phone is in a moving vehicle the service uses a GPS to lock up the phone's buttons prohibiting its use, except for 9-1-1 and other emergency numbers. You can also create a special map that includes "No Cell Zones" designating geographical areas that you want to prohibit phone use.
2. CellSafety - Blocks text messaging when around certain geographical areas, such as schools.
3. Text Arrest - This program allows parents to disable their child's ability to make calls, send or receive texts and browse the web while driving.
4. Key 2 Safe Driving - This program disables the owner's phone while driving.

To see a link to these alternatives click here.

The level of danger presented by texting while driving has been compared to driving while intoxicated. This form of distracted driving is very serious and has proved to be deadly, it has also been called an "epidemic" by federal officials. Parents need to stress the dangers of cell phone use while driving to their children, or use one of the alternative listed above.

Written By: Lenorae Atter, Attorney

Everyone knows that alcohol and drugs and driving don't mix. Every year, there are too many deaths caused by drivers who are drunk or otherwise under the influence of drugs. Many vehicular deaths are also caused by drowsy drivers who fall asleep at the wheel. This may be caused by drugs and alcohol. It may be caused because the driver was merely tired or sleepy. It may be caused when the driver has driven too long or was bored and then fell asleep. Regardless of the cause, it is vital for drivers to be alert and fully awake when driving a motor vehicle.

Recently, a college student was driving back to school, fell asleep at the wheel and crashed into a guardrail, which went through the engine block to the passenger seat. Luckily, there was no one in the passenger seat at the time and the driver walked away from the scene uninjured. According to the Florida Highway Safety and Motor Vehicle's accident statistics for 2009, it is unknown how many of Duval County’s 14,102 accidents in 2009 were caused by drowsy drivers or drivers who feel asleep at the wheel, but of the number of crashes, 114 resulted in deaths. Out of that, how many could have been avoided by people being fully awake and alert while driving on Duval County (Jacksonville) Florida highways and roads?

In a recent article regarding the NTSB, the severity of a car accident involving a drowsy driver was likened to a drunk driver. Even if the driver closes his eyes for a moment, in that moment a serious accident could occur if the car drifts into oncoming traffic. Often these injuries can be life altering because the speed of the vehicle driven by the sleeping party does not decrease before impact.

We often associate such fatigue or sleeping issues with truck drivers, pilots or train engineers, but the average person often drives while tired. Whether you take the wheel after a long day of work or you have to beat your record trip time from Jacksonville to Rhode Island, sleepiness can play a factor. It is important to recognize the signs: yawning, heavy eyes, loss of concentration, and nodding of the head. Once you have the warning signs, take the right precautions: roll down the window and turn up the music until you can pull over, walk around or switch drivers. It may also be prudent to pull over and get some sleep or make arrangements for lodging and then continue the trip the next day.

Continue reading " Deadly Automobile Accidents Caused by Drowsy Drivers Who Fall Alseep at the Wheel " »

In Florida and Other States, motorcycle accidents are reported on a daily basis. While the sport, hobby, and transportation by motorcycle can be quite fun and liberating, it also carries with it dangers and risks of serious personal injury and, even, death. The Jacksonville Times Union newspaper reported that two people suffered personal injuries that were life threatening in nature. The accident involved a motorcycle with a rider and passenger. The motorcycle crashed into a residential yard in the Westside area of Jacksonville (Duval County). In particular, the motorcycle crossed through a parking lot, a street, hit a mailbox, and landed in a yard. Both the operator and passenger of the were transported to Shands Jacksonville Hospital with serious personal injuries. You can read more about this motorcycle accident at Two People Suffer Life Threatening Personal Injuries in Jacksonville Florida Motorcycle Accident.

This accident is just one of many that take place on and off of Florida roads and highways that involve motorcycles. The reason that motorcycle injuries can result in such serious injuries is that the only thing that stands between the rider and concrete is usually a helmet. While a helmet is a good safety measure, it cannot and does not protect a rider or occupant from all injuries and can only prevent or reduce head injuries in some motorcycle accidents but certainly not all accidents.

A 14-year-old girl of West Palm Beach, Florida is being treated for facial injuries after being attacked by two Pit Bull dogs. According to Teri Barbera, Palm Beach County Sheriff's Office spokeswoman, the teenage girl was walking to school when the Pit Bulls attacked the girl, inflicting personal injuries. Bystanders tried to pull the dogs off the girl but attempts were unsuccessful. It was not until a deputy arrived and shot the dogs when the attacked stopped. One dog fled and is still missing, the other pit bull is with animal control.

The victim was transported to St. Mary's Medical Center; her injuries are not believed to be life-threatening. According to Barbera, the pit bulls were kept in a fenced property and it is not known how the dogs escaped. If you would like to read more on this story please see Two pit bulls shot after attacking a 14-year-old girl.

Florida does not have a "one free bite" law, permitting dogs to attack a person or other animal once before its owner is put on notice of the dog's dangerous propensities. Instead, Florida presumes that dog owners are already on notice on that a dog can be dangerous without notice or history of aggression are therefore liable for injuries inflicted onto other by their animal. This may include medical bills (past, present and future), pain and suffering and loss of life damages. If you were the victim of a dog bite or other dog attack contract a Florida Personal Injury Lawyer for counsel on these issues.

Kenneth Ray McKee, a 25-year-old man from West Virginia, was killed after he was thrown from his motorcycle and then run over in Jacksonville, Florida. The collision occurred at the intersection of Northbound Main Street and the Southbound entrance ramp to Florida 9A. It was reported that Anthony Ball, 20, turned into McKee's path causing McKee's motorcycle to fall on its right side and slide into the front, right side tire of Ball's car. McKee was then thrown from his motorcycle. After being thrown from his motorcycle, McKee was run over by Teresa E. Denmark, 47, of Jacksonville, Florida. A witness of the incident followed Denmark to her residence where Denmark was later brought back to the scene by an officer with the Jacksonville Sheriff's Office. McKee was transported to Shands Jacksonville where he was pronounced dead; he was wearing a helmet. The report also indicated a fourth driver, 33-year-old Kimberly G. Munday of Yulee, Florida who, according to the Florida Highway Patrol, hit her brakes but still struck the motorcycle after Denmark ran over McKee.

The report did not indicate whether or not any charges had been filed. If you would like to read more on this incident please see Motorcyclist dies after being thrown and ran over in Jacksonville, Florida.

This man's death is a tragedy for his family and community. Florida roadways can be extremely dangerous. Therefore, it is important for all drivers to be attentive and keep their focus on the road and their surroundings.

Written By: Lenorae C. Atter, Esq.

In Florida, time plays a role in all legal matters, including claims for injuries that have resulted from a car accident. If you have you been the victim of injuries suffered as a result from a car accident, then there are certain rules you should be aware of before too much time passes.
In Florida, injuries that result from a car accident are covered as a personal injury claim or tort. The Florida law requires that actions for negligence (someone failing to obey traffic signals, not paying attention, texting while driving, etc.) should be filed as a lawsuit within 4 years from the date of the accident. (Florida Statute 95.11(3)(o)).
If you are in an accident on May 1, 2010 and you suffer injuries, then Florida says that if you have not been compensated for those injuries within 4 years from the date of the accident, the a lawsuit MUST be filed to preserve your legal rights. There is an exception to this general rule if the lawsuit is against an insurance company for uninsured or underinsured motorist claim. For UM claims which are governed by the insurance contract in Florida, a lawsuit generally must be filed with 5 years from the date of the accident in order to preserve the legal rights.

When you are in an accident, accident victims should file a claim with his or her own own automobile insurance company and the at-fault party’s insurance carrier. If a person suffers an injury in an automobile accident, medical treatment should be sought immediately. The extent and impact of the injuries may not be truly known for months following the accident; nevertheless, timely medical care is important so that all medical options can be considered and taken in dealing with the injuries.

Continue reading " Statute of Limitations in Florida - Timing for Injury Claims in Florida -Florida Auto Accidents " »

Pursuant to Section 316.130, Florida Statutes, the driver of a vehicle at an intersection
that has a traffic control signal in place shall stop before entering the crosswalk and remain stopped to allow a pedestrian, with a permitted signal, to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

Furthermore, this same statutes provides that the driver of a vehicle at any crosswalk where signage so indicates shall stop and remain stopped to allow a pedestrian to cross a roadway when the pedestrian is in the crosswalk or steps into the crosswalk and is upon the half of the roadway upon which the vehicle is traveling or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

There are other statutes in place in Florida that pertain to pedestrians. The most simple way to put it is that vehicles should yield to pedestrians. The weight and force of a vehicle is no match for a person. When driving, take the extra time to slow down and give every deference to a pedestrian especially child pedestrians. You can read more about Section 316.130, Florida Statutes and other laws at the Official Site for the Florida Statutes.

Any driver within the state of Florida who is involved in a crash that results in the injury of any person must immediately stop their vehicle at the scene of the crash, or as close to the crash as possible, and must remain at the scene of the accident until he or she has fulfilled the requirements set out in Florida Statute Sec. 316.062. Any driver who violates this law will be deemed to commit a third-degree felony.

Any driver withing the state of Florida who is involved in a crash that results in the death of any person must do all the requirements above. However, if a person violates this section of the statute he or she will be deemed to have committed a first-degree felony.

If you would like to read more of the Traffic Provisions under Florida Law please see Florida Statutes, Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control.

Leaving the scene of an accident is not only illegal but immoral. If you are involved in an automobile accident you must stop and wait for authorities to arrive. Also, if you are the witness to someone leaving the scene of an accident try and observe every detail possible or the driver and vehicle so you can give authorities an accurate description of the driver who fled.

Texting and driving is a form of distracted driving and has been said to be as dangerous as driving while intoxicated. Ray Lahood, U.S. Secretary of Transportation, described the cell phones in drivers' hands as "unguided missiles."

Although 30 U.S. states have enacted laws that ban texting and driving, or talking and driving, a problem with enforcement of these laws still exists. Lahood says there are just not enough police issuing tickets.

Below are some fatal incidents of texting and driving:

Ashley Amos, 16, of North Carolina was killed in a head-on collision with a truck. Police records revealed that two minutes before the fatal crash, Ashley received a text message on her phone. After retrieving the text message, Ashley's car swerved and slammed head-on into a truck. Ashley tragically died from the collision.

26-year-old Heather Hurd was killed on a Florida highway when a tractor trailer going 65 mph slammed into 9 cars stopped at an intersection. The collision killed Heather and a young nurse in another vehicle. The driver of the tractor trailer never even applied his breaks. The driver was texting while driving.

Laurie Hevier's 58-year-old mother was killed while hiking alongside a highway in Minnesota. The driver the automobile was a 19-year-old woman. Hevier said that there was neither an attempt to break nor skid marks. Police estimated the driver to be distracted for more than 8 seconds. The young woman was given a ticket for "inattentive driving" and fined $175. Hevier is still devastated by her mother's death, calling the accident a "preventable one". If you would like to read more on this story please see Texting while driving becomes an epidemic in the U.S.

Distracted driving is the cause of too many fatal collisions and personal injuries. Using your cell phone while driving takes your focus off of the road and can be as deadly as driving while intoxicated. While driving, use your phone for emergency purposes only. Text messages and phones calls can wait until your vehicle is parked or otherwise stopped.