North Florida Injury Lawyer Blog

Hit and Run Accident in Atlantic Beach Critically Injures Navy Pilot - Lt. Robert Huish

In Atlantic Beach, a hit and run accident critically injured a Navy Pilot (Lt. Robert Huish). It is dangerous being in the military and women and men like Lt. Robert Huish serve our country with pride and heroism. It is such a shame that one of our heroes was struck down not by a bullet, missile or enemy fire but by a cowardly hit and run driver in the Atlantic Beach, Florida area.

The serious injuries from this Jacksonville hit and run accident included a fractured leg, a fractured skull, and swelling in the brain. The Jacksonville Sheriff's Office is investigating this hit and run accident and is asking for any help to track down the driver who caused these most unfortunate and preventable injuries. You can read more about this story at Navy Pilot Critically Injured in Atlantic Beach Hit-and-Run. Any coward can drive away from an accident but it make take one brave person to step forward to provide evidence or information to lead to the arrest of the hit and run driver.

In Inverness, Florida, a bicycle / automobile accident was reported. The accident took place just past 11:30 a.m. on a Saturday at the intersection of Eden Drive and South Florida Avenue (South U.S. Highway 41). A Toyota pick up truck driven by Shari Wayne, age 40 of Citrus County, was driving on U.S. 41. She stated that waited on a green light and then proceeded forward and soon hit a 57 year old bicycle rider who attempted to cross U.S. 41. The cyclist was later airlifted to St. Joseph's Hospital based in Tampa, Florida. The Citrus County Sheriff's Office will conduct an investigation into the accident and issue a report regarding the same. No citations were issued at the scene. It is important for drivers and bicycle riders to be careful and alert at all intersections. You can read more about this story at Bicyclist, pickup truck collide in Inverness, Florida.

A St. Johns County, Florida man died after being ejected from his truck in the World Golf Village area in St. Augustine, Florida. According to Jeremy Robshaw, St. Johns County Fire Rescue spokesman, Fire Rescue responded to the scene around 8 a.m. and found a patient in cardiac arrest. Robshaw confirmed the man was ejected from his truck as well as hinted to the belief that the man may have been ran over by his own automobile. Rescue workers attempted CPR, which were unsuccessful. The Florida Highway Patrol is still investigating the accident. If you would like to read more on this story please see Man dies after being ejected from truck.

This man's death is a tragedy for his family and community. Florida roadways can be very dangerous especially during times of heavy traffic, such as morning and afternoon commutes. In order to make Florida roadways safer, drivers should refrain from distracted driving activities. Distracted driving includes but is not limited to talking and texting on the cell phone, eating, grooming, reading and talking to other passengers while driving.

A Jacksonville, Florida man was sent to the hospital with life-threatening personal injuries after he was struck by a car at a busy Jacksonville intersection. According to eyewitnesses, two men were crossing Old Baymeadows Road from the Deerwood Village shopping center headed towards a nearby apartment complex when one of the men was hit by a green Toyota. Based on witnesses accounts and the minor amount of damage done to the truck, law enforcement officers determined that the driverwas not speeding. The injured pededstrian was taken to Shands Jacksonville with life-threatening personal injuries. The other pedestrian left the scene and was not found until by police until later the same day of the accident.

According to traffic homicide detective Brian Blaquiere, this intersection is not very pedestrian-friendly; this is Blaquiere's second car-vs.-pedestrian investigation at the site. Many people are lured to the area because of its numerous restaurants and other shops, however, drivers are failing to yield to those people on foot. If you would like to read more on this story please see Man hit at busy Jacksonville, Florida intersection, sustains life threatening personal injuries.

In Florida, it is the law that all automobiles yield the right-of-way to pedestrians. Automobiles can inflict serious personal injuries and, in some instances, death.

A 64-year-old man was killed after a Jeep struck his bicycle from behind. The accident occurred around 5:15 a.m. on Northbound U.S. 41 in Hillsborough County, Florida - this is the ninth cyclist to be killed in the area in the past three-and-a-half months. The cyclist has not been identified and authorities are still investigating the incident. Florida officials did say that they cyclist was not wearing a helmet and the bike had no lights. Since a death resulted from this accident, there will be a full investigation into the cause and preventability of this accident by law enforcement officials.

The Jeep's driver was identified as Kenneth Brown of Tampa, Florida. After Brown's Jeep came into contact with the bicycle, the cyclist was pushed onto the shoulder and thrown into a power - the cyclist was pronounced dead at the scene. According to Brown and his wife, they both did not see the cyclist in enough time to avoid the crash. If you would like to read more on this story please see Recent death of cyclist makes total of 9 deaths in less than 4 months in Hillsborough County, Florida.

The death of this man is a tragedy for his family and community. Florida roadways can be extremely dangerous, especially for bicyclists. In order to protect themselves, cyclists should make themselves visible to automobile drivers. Cyclists can do so by wearing reflective clothing and putting lights and reflectors on their bicycles. Visibility is key to ensure bicyclist safety and to prevent personal injury or death.

Palm Coast residents, Rita Dejean, 69 and Marlene Lindor, 71, suffered fatal injuries after their Honda Civic collided with a Ford Econoline . The Honda Civic was driven by Rita Dejean, Marlene Lindor and Myrtha Darboux were passengers in the car. Darboux and the driver of the Econoline, Heath Sanford, suffered injuries and were taken to a Florida Hospital.

According to the Florida Times Union, the Flagler County accident occurred after Dejean (Honda Civic driver) came to a stop and then pulled left onto the intersecting road into the path of the Econoline. Though, the occupants / passengers of the van were all wearing their seatbelts, the impact caused severe and fatal injuries.

In a situation such as this, an investigation will determine if Dejean was at-fault for either careless driving or failing to yield to the right-of-way. If the investigation determines that Sanford (the driver of the Econoline) was speeding, then there may be a decision that the two drivers were comparatively at-fault.

Comparative fault is when fault is not attributed to only the actions of one driver. A rear-end collision is almost always the fault of the one that rearended the other, but in cases like this, a percentage of fault may be assessed to both drivers. One thing is certain, the passengers were not at –fault for the injuries suffered. The estate of Lindor may have a claim for Wrongful Death against both drivers and/or the applicable automobile insurance. In addition, Darboux may have a claim for her injuries against the insurance of both drivers. Sanford, if less at-fault than Darjean, would be able to bring a claim for damages against the Civic driver.

Florida has statute of limitations, meaning the timeframe in which a claim must be brought for different action before the claimant is barred from recovery. A claim for Wrongful Death must be brought within two (2) years of the date of the accident. A claim for injuries suffered, like those suffered by Darboux and Sanford, must be brought within four (4) years of the date of the accident.

In Florida this Thanksgiving, the Florida Highway Patrol has decided that the 1,600 troopers in Florida will be patrolling the roads to ensure safe driving over the holiday.

Over the last couple of years, the Florida Highway Patrol has increased its presence on the roadways and as a result they have seen a decrease in the number of fatal accidents that occur during this busy travel time. The same week in 2008, there were 52 fatalities and in 2009 there were 39 related to motor vehicle accidents. This year, they are hopeful the decline will continue. The Florida Highway Patrol is hoping the local police, such as the Jacksonville Sheriff's Office, will also be patrolling their local roadways to ensure safety off the interstates too.

In Central Florida, the entire force of 212 troopers was assigned to work from Wednesday through Sunday of the holiday week. The goal is to cover every major highway and have local police patrolling their roads as well. The concerns are mainly for those speeding, following too closely, and weaving through traffic or simply recklessly. In high traffic areas, the careless driving of one can cause injuries to many, so they want to stop the aggressive driving and keep drivers focused on obeying the traffic laws. Another main concern is the use of safety devices such as seatbelts and child restraints.

The Florida Highway Patrol recognizes that heavy traffic can lead to an increase in accidents and related injuries. The goal is to somehow manage the risks by reminding people the troppers are out there to enforce the laws for the safety of the AAA expected drivers of 4 million this holiday week.

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A Jacksonville hit-and-run accident left two seniors dead and a number of questions. A Florida couple, Nubark Nuhibian, 97, and Lillian Nuhibian, 66, were on their way home after Bingo when they were struck by a car driven by, Elizabeth Harmon. Harmon’s vehicle was rear-ended by another vehicle. The driver of the other vehicle fled the scene.

The couple was crossing 103rd Street when they were struck by Harmon’s car. According to the police, Harmon was unable to stop in time to avoid hitting them. However, when she came to a stop, she was struck from behind by another vehicle.

It is unclear if the second vehicle caused any further damage to the couple or injuries. In Florida, leaving the scene of an accident is illegal and the Florida Highway Patrol has been diligent in investigating hit-and-run accidents.

When a vehicle strikes a pedestrian, the injuries can often be life threatening. Florida law allows the family or estate to recover for damages suffered due to the negligence of another, under the Wrongful Death Act, which you have ttwo years to file. If the at-fault driver was not insured, then the claim may be against the uninsured motorist coverage held by the injury victims. Uninsured motorist insurancehttp://www.woodatter.com/ coverage applies in two scenarios:
1. The at-fault driver does not have bodily injury insurance or
2. The at-fault driver’s bodily insurance coverage is not enough to compensate the injured party.

Continue reading " Elderly Pedestrians, Nubark Nuhibian and Lillian Nuhibian, Die as a Result of Personal Injuries in Jacksonville Florida " »

A Baker County automobile accident recently took the life of a local Sanderson hero, 20-year-old Christopher Jefferson. He was an Army reservist scheduled to deploy for duty to Afghanistan, according to Channel 4 News. He, along with Ardis Page, father of two, was killed after a Jeep Cherokee failed to stop at a stop sign at US Highway 90 and crashed, head-on, into the car carrying Christopher Jefferson, Ardis Page and Page's two children (the two children suffered injuries and were transported to Shands).

In a sad twist, Jefferson is the brother of Milton "Oshay" Johnson, who suffered paralyzing injuries in a Baker County high school football game two years ago.

The traffic investigation report indicates that the driver of the Jeep Cherokee had a strong odor of alcohol on him at the scene. The Florida Highway Patrol is waiting on the toxicology reports to conclude the investigation. Unfortunately, due to the number of drunk driving expected accidents, the results may take more than a month.
Florida drunk driving laws and charges are dependent on results of .08 or greater for people 21 years of age or older. For those less than 21, the results need only be .02 or greater. The driver of the Jeep was 36 year-old Christopher Wayne Wheeler, according the Channel 4 News report. Charges can increase based on the facts surrounding the DUI charge, so if there was property damage, accident with injuries, accident causing death, then the charges are determined accordingly. Each charge holds different consequences.

In addition, Florida recognizes Wrongful Death actions. If the death is the result of a homicide or intentional action, then there is no bar on how long the family or estate has to bring the civil action for damages. Wheeler, the driver of the Jeep, could be held liable not only criminally, but civilly as well.

Of course, any actions taken, whether civil or criminal, will be subject to Florida laws and evidentiary proof of the allegations. In the criminal cases, a Defendant is entitled to legal representation by a Florida criminal defense attorney or the services of the Florida public defender's office. Since there was a death and serious personal injuries, there will be detailed investigation and report of this accident that will be reviewed by the respective parties to determine the appropriate course of action regarding this Florida automobile accident.

Three fishermen were recently rescued after their boat capsized and left them at sea for approximately 18 hours. The owner of the boat, Schools Out, was identified as 69-year-old Gilbert Gastineau of St. Petersburg, Florida. Gastineau's wife, Dawn, said she hopes to get Gastineau home soon as he is in "good spirits" and merely being supervised for high energy he exerted due to the 18-hour ordeal.

Gastineau's boat capsized at about 6 p.m. on a Friday afternoon; he and his two other mates, both from Colorado, were not found by rescuers until 11:30 a.m. the next day. Luckily, the men were experienced fishermen and knew what safety precautions to take once they realized the boat was going to flip over. The men put their life jackets on, tied themselves together and tethered the line to the boat. This allowed them to be seen by rescue air crafts. The men were spotted by HC-130 Hercules helicopter after a lengthy search and were finally rescued hours after being spotted. Gastineau credited his survival to the group effort, saying all the men encourage each other throughout the ordeal. The other passengers are back in Colorado and Gastineau is expected to return home in the very near future. If you would like to read more on this story please see 3 men rescued after boat capsizes, the men were at see for 18 hours.

These men were experienced fishermen and knew what to do in a dangerous and unpredictable situation. This situation is a good example for illustrating how important it is to know the safety precautions to take while out at sea.

The Florida Highway Patrol was called to an accident Tuesday night on I-95 near Ft. Lauderdale after the driver of a Toyota Camry lost control of the vehicle and ran off the road, hitting five (5) people changing the tire of SUV. The accident caused the death of two and injured three of the pedestrians.

The occupants of the SUV had left the vehicle to change the tire, after pulling into the grass off the Interstate. As they stood outside of the car, the driver of the Camry lost control, went through the grass, hit a fence, and came to a stop near railroad tracks.
The accident left two dead at the scene of the accident, the other three pedestrians were taken to the hospital with non-life threatening injuries and the driver of the Camry was transported to the hospital with serious injuries.

In Florida, drivers are required to maintain insurance coverage of $10,000 in personal injury or no-fault coverage. This insurance pays 80% of medical bills up to $10,000 for the insured driver, regardless of fault. When a pedestrian is injured, the no-fault coverage extends to the pedestrian if s/he owns a vehicle. If the injured person does not, then they fall first under the insurance of a family member with whom they reside.

Florida also recognizes injury claims against the at-fault driver for wrongful death actions or claims of injuries. If the at-fault driver does not have bodily injury coverage, meaning a policy that covers injuries caused by the at-fault driver, then the injured party may have a claim against their own insurance, if s/he has uninsured/underinsured motorist coverage.

In Florida, a claim for injuries from a car accident must be brought within four (4) years of the date of the accident. If the claim is for wrongful death, then it must be brought within two (2) years of the accident unless the death was caused by an intentional act, like homicide, then there is no bar on how long the family or estate has to bring the action. However, that does not appear to be the case in this accident.

PIP coverage of $10,000, which is designed to cover medical expenses and lost wages related to injuries resulting from an accident. The PIP coverage applies even to pedestrians, which should be helpful to a young lady and her family after, Kaitlyn Beckham, a Panama City high school senior, suffered injuries after she was struck by a tire as she walked across the Hathaway Bridge.

The driver of the vehicle is unknown because the driver did not stop at the scene. Also, no witnesses stopped to report the incidents, so the vehicle and its owner remain unknown. Due to the tire not rendering the vehicle inoperable, authorities believe that the vehicle in question was a multi-axle vehicle, like a semi-truck.

The tire not only led to the injuries of Kaitlyn Beckham, but also caused other automobile accidents who were distracted by the incident. The driver of the vehicle could face charges for leaving the scene and not properly maintaining the vehicle.

Kaitlyn’s medical bills, at least up to $10,000, will most likely be covered by PIP coverage held under either her or her parents’ insurance. In addition, if they have Uninisured/Underinsured Motorist (UM) coverage, then she may be able to recover for her injuries and any related out-of-pocket expenses. UM coverage comes into play because the at-fault vehicle is unknown.

A collision on Interstate 95 involving a semi-truck and two passenger cars sent 4 people to the hospital. According to the Florida Highway Patrol, one passenger was sent to the hospital in critical condition, two were in serious condition and another passenger, in a separate vehicle, sustained minor personal injuries. The driver of the semi-truck had suffered no personal injuries. The FHP reports reveal that the collision occurred when one of the passenger vehicles, driving in the center lane of I-95, swerved left to avoid slow traffic. The driver lost control of the vehicle by overcorrecting and jerking the wheel to the right. The right side of the car collided with the left side of another vehicle. As the first car lost control, it collided with the semi and then struck the concrete median. If you would like to read more on this story please see 4 sent to the hospital after collision on I-95.

Inattentive driving causing too many collisions on Florida roadways. Driver distraction has become a huge problem within the state of Florida. Distracted driving includes talking and texting on the cellphone, driving, eating, talking to passengers and listening to music loudly while driving. These behaviors take the drivers attention off the road and places their focus elsewhere. By keeping these behaviors to a minimum, Florida roadways will become safer for all.

In the State of Florida, government employees are not immune from liability when a negligence or careless act causes personal injuries or death to another person. This general statement of the law is applicable to police officers as well. In Jacksonville, Florida. Virgil Clair Miller, a 69 year old motorcyclist, was the unfortunate and tragic victim of a motorcycle / automobile accident that took place on Normandy Boulevard. A police officer with the Jacksonville Sheriff's Office was driving an unmarked car and was pulling out of a parking lot (Wal Mart) to turn left. According to the story posted in the Florida Times Union, the police officer did not see the motorcyclist prior to impact. Another general maxim of the law is that a driver attempting a left hand turn must yield to traffic unless the driver is turning left on a green arrow. It appears from the brief fact presented that Virgil Clair Miller had the right of way and the police officer was negligent or careless in his or her driving. Since there was a death, a homicide investigation will be conducted. Since the accident involved a JSO officer, the Florida Highway Patrol (FHP) will probably lead the investigation. You can read more about this story at Motorcyclist Dies Following Collision with Police Vehicle in Jacksonville, Florida.

Local authorities are investigating the hit-and-run death of a 28-year-old man of Fort Myers, Florida. The incident occurred on Interstate 75. The man was identified as Jason D. Fox and, according to the Florida Highway Patrol, Fox was attempting to cross I-75 to search for his missing dog when he was struck by a passing motorist. Fox and another passenger were driving along I-75 when they stopped near mile marker 193 just before 2 a.m. to switch drivers. As Fox and the other passenger were attempting to make the switch the dog jumped out of the vehicle, Fox went to look for him in the median. The vehicle that struck Fox is believed to be a Ford, Mercury or Lincoln truck. The unknown driver left the scene after striking Fox. Fox was flown to Bayfront Medical Center in St. Petersburg, Florida, where he was pronounced dead. The suspect vehicle is said to missing its driver's side mirror. To read more on this story please see Hit-and-run accident on I-75 leaves on man dead.

The death of this man is a tragedy for his family and community. Unfortunately, many hit-and-run accidents occur when the driver is under the influence or has no insurance. The driver decides to flee the scene instead of accepting responsibility and taking legal action for the resulting personal injuries and damages.

One person was killed and one child was critically injured after they were struck by a Florida East Coast freight train in Daytona Beach, Florida. Daytona Beach Police Department units and firemen arrived on the scene after a train accident involving two pedestrians was reported. The firefighters found the woman and child about 30 yards north of the railroad crossing arms. The woman was reported dead at the scene. The child was transported to Halifax Medical Center in critical conditions with fractures to the infant's left side. The accident is still being investigated. If you would like to read more on this story please see Woman dies and child critically injured after struck by train.

The death of this woman is a tragedy for her family and community. Train-and-automobile accidents can be extremely fatal. It is important for drivers to stop at the crossing arms as opposed to trying to rush through them. In Florida, personal injuries and wrongful deaths continue to take place in or near railroad crossings or railroad tracks. These types of collisions are much more complicated than general automobile accidents and most of the time require expert witnesses to testify. If you would like to read more on railroad accidents in Florida please see Florida Railroad Injuries and Wrongful Death - What Are My Rights? What Are the Duties of the Railroad Company?

Teagan Marti, of South Florida, finally returns home after she sustained severe personal injuries from riding on a Wisconsin amusement park ride. Teagan, 13, fell about 100 feet to the ground when she fell from the park's Terminal Velocity ride on July 30, 2010. The 13-year-old girl hit the ground after the safety nets and air bags that were supposed to catch the riders were not raised. Teagan sustained injuries to her brain, spine, liver, other organs and may be paralyzed. The young girl spend a month in American Family Children's Hospital in Madison, after which she was transferred to Jackson where she spent two months.

The ride operator, identified as Charles Carnell, has been charged with felony reckless injury. It was Carnell's responsibility to activate the safety harnesses. Carnell revealed to police he had smoked marijuana days before the incident. If convicted he could face up to 25 years in prison. He is entitled to an attorney. If you would like to read more on this story please see South Florida girl finally returns homes after sustaining severe personal injuries in Wisconsin amusement park.

Although amusement park rides are fun and exciting, they can be extremely dangerous. Ride operators need to be attentive and keep their focus on the ride. Operators should also maintain the park ride by doing routine maintenance to ensure the ride's safety.

A Tampa-Bay area child has died after being hit by a jeep driving down the child's road. Delany Rossman, 5, was part of a set of triplets. Delany was playing with her sisters and another child when the Jeep drove onto the road's shoulder, hitting a pickup truck then hitting the girls. after the Jeep hit the little girls, Betty-Jo Tagerson, the driver of the Jeep, was thrown from the vehicle. The Jeep was still in motion after Tagerson was thrown and hit a parked vehicle before coming to a stop.

Delany was pronounced dead the day after the accident occurred. One of Delany's sisters was hospitalized in critical condition. Tagerson sustained serious personal injuries - police are waiting on the toxicology reports, charges are pending. If you would like to read more on this story please see Child dies after being hit by a Jeep while playing in her front yard.

The death of this little girl is a tragedy for her family and community. Car accidents involving other vehicles or pedestrians happen too often in Florida. If you would like to see statistics involving Florida's rate of car crashes please see Florida's Drivers among the Worst – New York Stinks, While Idaho is Tops. Drivers need to stay attentive and keep their focus on the road while driving.

Earlier this year, the Jacksonville area was hit with the news that a suspected impaired driver ran a wife and mother, Luma Kajy, off the Buckman Bridge. The reports indicated that the alleged impaired driver, Sasha Pringle, was swerving in traffic before Kajy’s vehicle went over the bridge.

The investigation led to a toxicology finding that Pringle had marijuana, painkillers and anti-anxiety medication, which helped lead to Pringle’s conviction of DUI manslaughter, vehicular homicide and leaving the scene of an accident. As a result of her actions, Pringle was sentenced to a 30-year prison sentence.

The family of the victim, while relieved by the outcome, still suffers the loss of a wife and mother. In Florida, the family typically has two (2) years to file a civil action for wrongful death, however, a new law extends the time for filing indefinitely if the wrongful death was due to an intentional act, including homicide. Wrongful death suits allow families to seek damages for the loss of a parent / spouse and for the loss of companionship and support she provided her husband and children.

Mediation is a tool used in Florida to assist parties in settling a claim for damages resulting from slip and falls, auto accidents or medical malpractice issues. A claim for damages has different stages: filing a claim, sending a demand for damages, filing a lawsuit, mediation, post mediation, and trial. If a claim for injuries and resulting damages is not settled in the first stages, then the injured party may file a lawsuit. Once a lawsuit is filed, the court requires that the parties attend mediation.

Mediation is often the best opportunity to settle your case before a jury is selected and more costs are spent on preparing for trial. Mediation is required because it has been a proven tool for cases to settle out of court, in fact, approximately 90% of injury cases are settled at mediation.

So, what is mediation? Mediation is the term to describe a meeting between the parties and a neutral, unbiased individual (a mediator). You and your attorney meet with the other side’s lawyer and insurance adjuster along with the mediator. The mediator’s job is to listen to both sides and help you reach a settlement agreement. All communication and offers are kept confidential and cannot be used in court if the case does not settle. The parties originally meet in one room to hear opening statements and are then separated into different rooms and the mediator goes between both rooms to help negotiate a settlement.

If you are able to reach an agreement, then the mediator drafts a mediated agreement and both sides sign the agreement. While mediation is a good tool for settlement, it is also helpful in showing the strengths and weaknesses of a case so your attorney can best prepare your case to be presented to a jury. In addition, it opens communication for the parties to reach a settlement before, or sometimes during trial.

If a case is not settled at mediation, there are still opportunities for settlement after mediation. Ultimately, if there is not settlement or meeting of the minds, the case will proceed to trial. The case will then depend on the verdict of the jury.

Florida slip and fall law requires proof be provided that the fall was due to the action or inaction of facility where the injured party fell. For instance, if you are shopping in a Jacksonville store and you slip on water and fall to the ground, the simple fact that the water was there does not mean that the store is responsible for your injuries.

Then how can a facility be responsible for your injuries? First, if an employee carried water bottles that had a leak in them, therefore putting the water on the floor, then the store would most likely be responsible because its employee created the condition. Second, if the injured party can prove or show that the water had been on the floor long enough that a normal inspection of the facility would have given notice to the store. For instance, if the water had footprints, dirt, debris, etc., then it shows that the water had been on the floor longer than a few seconds and possibly minutes.

Florida slip and fall cases are challenging for an injured party because the injured party has to prove that the store or facility was negligent. If you are the victim slip and fall incident and suffer personal injuries, try to have someone take pictures of the area where you fell so it better documents the scene at the time. Also, get legal advice regarding your rights and the responsibilities of the store or business from a Florida personal injury attorney to better understand the legal and practical issues involved with the slip and fall incident.

In Citra, Florida, it was reported that five children recently died in a house fire of a small wooden home. The incident is being investigated by the Florida State Fire Marshall's Office. The cause of the fire is unknown at this time but possible causes of the fire may include cigarettes, a space heater and other items. Now that the cold or cooler weather has returned to many parts of Florida - the risk or dangers of fire increase with the use of space heaters and fire places. It was reported that there was a smoke alarm in place but it was not working. Stories like these show the importance of fire safety. Check smoke alarms on a periodic basis and replace batteries as needed.

Of course, some fires are unpredictable and unpreventable. Others are preventable with good safety measures and maintenance of the home. You can read more about this story at Fire in Citra Leads to Death of 5 Children.

In Florida and other States, red lights and stop signs serve an important purpose in controlling and regulating traffic. Ignoring or running a red light or stop sign can have deadly consequences. This is especially true when there is a semi tractor trailer or commercial vehicle involved in the automobile accident. The Florida Highway Patrol recently reported an accident that took place in Clay County, Florida. James Neary was the driver and Carl Hudnall was the passenger in vehicle that may have failed to stop at a red light. Tragically, Mr. Hudnall died as a result of the crash with the semi tractor trailer and Mr. Hudnall suffered serious personal injuries. See Fatal Crash Ends Life of West Virginia Man and Causes Serious Personal Injuries to Another.

The Orlando Magic and the Charlotte Bobcats recently played a basketball game in Charlotte. Vince Carter, a veteran NBA player, slipped on a part of the playing court that was wet from mopping. Coach Stan Van Gundy was quite upset over the condition of the floor and the failure of the maintenance crew to make sure that the floor was dry and properly maintained for safe play. You can read about this story at Orlando Magic Hold Off Charlotte Bobcats - Vince Carter Injured in Wet Floor Mishap.

This story made news because it involved a NBA game and an important player to the Orlando Magic. In Florida, incidents involving wet floors and the failure to maintain a store, business, restaurant, or other common area are quite common. While most slip and fall incidents do not involve professional athletes, the facts can be similar to the one reported in the professional basketball game. In Florida, a property or business owner can be held liable for injuries caused by a wet floor if the property or business owner knew or should have known about the dangerous area and failed to properly maintain the area or failed to otherwise post warning signs and barriers in or around the area. Consistent attention to details and safety can help prevent many Florida slip and fall incidents from taking place.

Florida car insurance purchases can be challenging if you do not know what is required and what is optional. Florida residents, with a Florida registered vehicle, must carry $10,000 in personal injury protection (PIP) and $10,000 in property damage coverage.

PIP is insurance used for medical treatment, lost wages and/or milage reimbursement for getting to and from the doctor. Personal injury protection is for your benefit because it provides insurance for injuries related to an accident, regardless of fault. If you are injured in an accident, then you have $10,000 available in medical insurance, which is paid at 80% so you are responsible for 20%.

Supplemental insurance is available to the PIP component and is called Med Pay. What this does is provide coverage, up to an elected amount, for the 20% that is not covered by PIP. Therefore, you would not be out-of-pocket for your injuries until you
have reached your elected amount of coverage.

Property damage coverage of $10,000 is required to pay for the damage you may cause another as a result of your own actions.

Collision insurance is available to pay for damage to your own vehicle if you are involved in an accident. This is an elected insurance coverage.

Other options available are bodily injury coverage and uninsured motorist coverage. Bodily injury protection is available to help protect your assets (money, home, etc.) from a personal judgment if you cause bodily injuries to another because of your negligence. Generally, if you elect for a certain amount of coverage, then your insurance company will represent you and the insurance company will be on the hook for liability up to your elected amount. If someone sues you and your insurance company pays them injuries related to the Florida automobile accident, the autmobile insurance company will require the injured party to sign a release of liability in exchange for payment from your insurance coverage.

Uninsured motorist coverage protects you if you are injured by another party and the responsible party does not have bodily injury coverage, or it is not enough to compensate you for your injuries. This acts as a way to protect you from out-of-pocket expenses and to compensate you for loss of enjoyment of life due to the injuries you have suffered. You can elect a certain amount of insurance and if you are injured by an uninsured person, then you still have an ability to be compensated by your own insurance company.

Florida hit and run accidents have increased in the last few years, according to the Florida Highway Patrol. In Central Florida, the highway patrol investigates an average of 10 hit and run accidents per day. Of these, there remain a number of unsolved fatal hit and run accidents from 2009 to the present.

The family of a hit and run victim, Justin McWilliams, lobbied the Florida legislature for the passing of the Justin McWilliams Act. The law, also known as Florida Statute 316.024, mandates that the driver of a car involved in an accident with injuries to any person stop the car and remain at the scene of the accident a person involved in an accident bring their car to a stop and waits until all information has been given to the police on that arrive.

Those that leave the scene of an accident are often located through an investigation and charges are generally brought against them. Leaving the scene of an accident does not help you because the punishment for leaving is far greater than not having proof of insurance at the time.

Due to the increase in hit and run accidents, the Florida Highway Patrol has actually implemented more aggressive tactics for locating these drivers. Investigations are remaining open and the Florida Highway Patrol is working with individuals and media to locate the drivers. Fleeing and hiding are often unsuccessful.

Due to the dramatic increase of illegal prescription drug use, authorities says the number of cases of driving under the influence in which the substance is a prescription drug rather than alcohol is also dramatically increasing. However, prosecutors are facing challenges when it comes to charging these individuals. For example, Florida does not require a test to quanitify the amount of drugs in a person's body in a DUI case. Prosecutors say these impairments are hard to prove.

Historically, in many states including Florida, there is a well-developed system to quantify the amount of alcohol in a person's body so that jury can than compare that value to a standard established as an unlawful amount when operating a vehicle. However, when an individual has ingested oxycodone or opiates, no well-developed system of comparison has been created, thus, making it troublesome to prosecute these individuals.

In Florida, a DUI charge is the same whether the driver is influenced by alcohol or drugs and Florida law enforcement officers have limited means to prove impairment. Officers can use field sobriety tests and sometimes rely on drug recognition experts (DREs). DREs are police officers who have completed a specialized training program in detecting impairment due to drugs. To help the state's case, it is important to get an DRE to the scene as soon as possible. Law enforcement agencies can also seek testing done by private labs "if the drug is not on the the FDLE does not currently quantify." However, this process receives massive criticisms from defense attorneys who say that some of these drugs can remain in a persons system for up to a month. Therefore, the debate continues in Florida. If you would like read more on this topic please see Florida law enforcement agencies face challenges in DUI convictions influenced by prescription drugs.

One method to prevent these issues remains solely in the driver's responsibility. If you have consumed any alcohol or ingested prescription drugs that affect your ability to drive the solution is simple - do not drive. Calling a cab or having a designated driver is cheaper and way less burdensome than lawyer and fees, as well as having to defend yourself against the charges.

A Brooksville, Florida motorcyclist is pronounced dead after sustaining fatal personal injuries from a two-car collision that occurred along County Road 476. Robert M. Reihsmann, 56, was driving his 1998 Harley Davidson which collided with a 1984 Ford F-250 pickup truck while the truck was pulling into a gas station parking lot. The driver of the pickup was identified as David J. Hicks, 20, of Bushnell, Florida. Bushnell was driving along the same road as Reihsmann and was making a left turn into a Circle K foodstore when Reihsmann's Harley rammed into the pickup's front end. Reihsmann was ejected from his motorcycle. He was transported to Tampa General Hospital where he was pronounced dead about 90 minutes after the initial collision occurred. If you would like to read more on this incident please see Motorcyclist dead after collision with pickup truck in Hernando County, Florida.

The article did not state whether the driver of the pickup was charged or whether or not Reihsmann was wearing a helmet. To read an article are the benefits of wearing a helmet please read Motorcycle Accidents Prompt Lawmakers in Iowa to Propose Helmet Laws for Adults and Children. Drivers need to stay attentive and keep their focus on the road, as well as be courtesy to other drivers or motorcyclists on the road. Obeying the speed limit, not driving aggressively or making aggressive lane changes, using turn signals and keeping distractions down to a minimum are just some ways drivers can make roadways safer for themselves and others.

Jacksonville woman, Dianna Poturich, was struck and killed in a car accident early Sunday morning on Interstate 295. Due to road debris, there was a chain of crashes that occurred at approximately 2:15 a.m. The first car was traveling northbound when it came to a stop after hitting roadside debris. The next car hit the disabled vehicle and then the third car, driven by Dianna Poturich came to a stop and she exited her vehicle. As Poturich walked by her vehicle, a fourth car struck her car on the left side, pushing Poturich’s own vehicle into her.

The road debris was not identified in the article, but often road debris is left from other vehicles not securing items on their car or truck correctly. Florida Statute 316.520 requires that all items be properly secured down on a vehicle so as not to be blown or dropped onto the roadway. In this case, had the debris been determined to be from a specific vehicle, then that vehicle owner could be liable for all accidents that occurred as a result. There may also be Uninsured or Underinsured Motorist issues applicable to a case of this nature if origin or debris cannot be linked to a particular vehicle or driver.
Florida also recognizes comparative fault, meaning that a percentage of fault can be placed on each vehicle. If one were to recover for damages, then the recovery will be reduced by that person’s percentage of fault.

In a situation like this, with multiple rear-end collisions, the assessment of fault could be distributed among the drivers. The percentages would be based on more detailed information that has been reported in the newspaper and Internet.

Although there are not as many stop lights or traffic on rural Florida roadways, these rural roads can be just as deadly as Florida's heavily populated highways and interstates. For example, Theodore Julius "T.J." Radacky recently died while driving on a rural road on drizzly afternoon in Florida. Thera Nowacki, T.J.'s mother, believes he was texting or attempting to reach for his cell phone because there were no skids marks on the road where the incident occurred. Nowacki received a phone call minutes after the accident notifying her that T.J. had died beside S.R. 121 near the Williston Municipal Airport.

A recent report conducted by the U.S. Centers for Disease and Prevention Control revealed that teen drivers in rural areas die at a higher rate than those teen drivers in cities. For example, Alachua County, with a population of 22,345 residents between the ages of 15 to 19-years-old, had 27 fatalities in the past 5 years. Marion County has seen 40 deaths in its population of just 15,419 teenage drivers.

Below are some statistics from the Florida Department of Highway Safety and Motor Vehicles:
- There are 772,910 teenage drivers within the state of Florida.
- In 2009, 242 of those teenage drivers were involved in fatal car crashes.
- 35 of the 242 fatal accidents involved alcohol.
- 18-year-old drivers have the highest crash rate involvement (490 per 10,000 drivers)
- 17-year-old drivers have the highest right of fatal crash involvement (4 per every 10,000 drivers)
- Careless driving was the greatest cause of fatal accidents in 2009.

If you would like to read more on this story please see Rural areas in Florida prove to be more deadly to teen drivers than city highways.

Whether you live in the city or in a rural part of the state of Florida, parents need to educate their children on the basic dangers of driving. Teach your children to never speed or drive aggressively. Also, children should be taught to keep distractions to a minimum: do not talk or text on the cell phone while driving, do not have the music up to loud, and try to keep conversations with other passengers limited. Following these basic rules will keep your child's attention and focus on the road, as well as make rural roadways safer for all.