Posted On: December 31, 2010

Importance of Safety At Shooting Ranges

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Shooting ranges across the nation are receiving criticisms and facing legal obstacles due to a widespread concern about the ranges' safety, noise and environmental effects of lead contamination. Many owners of shooting ranges are currently involved in legal battles with neighboring residents or local governments. Most of the lawsuits are claims by the neighboring residents calling the shooting ranges a nuisance due to the high level of noise produced by the ranges. Another reason for initiating the lawsuits against the shooting ranges is that many neighboring residents are finding stray bullets on their property, such as roof tops and front and back yards. Some neighbors of the shooting ranges have even been struck my stray bullets. For instance, Louise Neeser is believed to have been struck by a stray bullet outside her home while she was doing yard work. Doctors informed her that something had torn through the side of her face. Neeser's personal injuries consist of permanent jaw and eye damage as well as debilitating headaches. Many local governments worry that the lead remnants found in bullets and shell casings may have a severe environmental impact and could potentially seep into communities' ground water supply. If you would like to read more on this topic please see Practice safety at shooting ranges.

It is important that shooting ranges have appropriate licenses and permits that legally allow the shooting ranges to conduct it regular course of business. Proper licensing and permits imply that the range has met all safety criteria and that the facility is also safe for its patrons and neighboring residents.

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Posted On: December 30, 2010

Polk County Crash Ends Life of Elgusta James - Mother of Mike James - University of Miami Football Player

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Life is short . . . and the lives of a family can change from one automobile accident. In Polk County, Florida, it was reported that the mother (Elgusta James) of the University of Miami running back (Mike James) recently died in an automobile accident. The automobile accident also involved serious injuries to the grandson of Elgusta James. Since there was a death and serious personal injuries, the accident will be thoroughly investigated to determine the cause and preventability of this tragic automobile accident. You can read more about this Florida automobile accident at Fatal Automobile Accident in Polk County, Florida.

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Posted On: December 29, 2010

Driving Limit Change May Be Proposed for Truckers - 10 Hours versus 11 Hours

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Trucking accidents continue to take place across the Nation. Driver fatigue and driver inattention can be attributed to many of these accidents. Currently, federal laws allow truck drivers to drive for 11 hours before taking a break. Lawmakers and safety experts are considering a proposal to reduce the allowable driving time to 10 hours. While the 1 hour difference does not seem to be significant, many truck drivers and businesses will lobby against such a change because ove time - hours can add up and will effect profits and wages or income earned by truck drivers.

The safety of truck drivers and others on the Nation's roadways should be primary concern when weighing the pros and cons with the change in driving time limits. You can read more about this story at 10 Hour Driving Limit for Truckers Proposed.

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Posted On: December 28, 2010

Vehicle Runs Red Light Results in T Bone Accident and Death of Driver Curtis Amlong from Palmetto Florida

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Traffic signals, road signs, and traffic conditions are all important for safe driving in the State of Florida. The simple (but dangerous) act of running of red light or a stop sign can have drastic consequences in the form of serious personal injuries and, in some cases, death. It was recently reported that a Palmetto, Florida man died as a result of a T Bone type of automobile accident when another driver ran a red light. SInce the accident involved a death, the Florida Highway Patrol will conduct a thorough investigation into the cause / preventability of the automobile accident and will issue a report regarding the same. See Deadly Crash Ends Life of Palmetto Man.

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Posted On: December 27, 2010

Dog Bite Attack in St. Augustine - 8 Year Old Boy Bit by Family Pet Pit Bull Dog

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An 8-year-boy was attacked by his family's Pit Bull while outside of his family's home in St. Augustine, Florida. The boy was in the front yard of his home when the Pit Bull lunged at him and began to bite the child. Family members were able to restrain the dog for a brief moment, but the dog broke free and charged at the boy a second time. Neighbors and family members had to beat the Pit Bull dog with sticks to ultimately free the child. The 8-year-old sustained personal injuries and puncture wounds to his head and neck, he was transported and treated at Flagler Hospital. St. Johns County Animal Control currently has custody over the dog. If you would like to read more on this story please see Boy attacked by pit bull in own front yard in St. Augustine, Florida.

If you would like to read the dog leash laws of St. Johns County, Florida please see Florida Leash Law - St. Johns County (St. Augustine) Florida.

It is important to obey your county and city dog leash laws. The leash laws are in place for several reasons, including but not limited to: reduction of stray dogs, spread of disease, and the number of dog bites or other types of dog attacks.

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Posted On: December 26, 2010

58-year-old Jacksonville Woman Severely Injured in Motorcycle Accident

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Motorcycle accidents often result in life-threatening injuries. In Jacksonville, a 58-year-old woman, riding her motorcycle, suffered severe injuries due to a collision with a car that was turning into a gas station in the St. Nicolas area. The motorcyclist was taken to Shands Jacksonville with injuries that may be fatal. It was reported that this motorcycle accident is under investigation by the traffic homicide division. There are no reports as to whether the motorcycle rider was wearing a helmet.

Florida motorcycle helmet law, Florida Statute 316.211(3)(b), does not require anyone over the age of 21, such as the motorcyclist involved in this accident, to wear a helmet if the motorcyclist has $10,000.00 in insurance coverage for medical benefits. Since the motorcyclist involved in the Jacksonville accident is 58-years-old, she would not be required, under Florida law, to wear a helmet.

While safety precautions are necessary for motorcyclists, it is also important that drivers of other motor vehicles be aware of their surroundings. Often motorcycle accidents occur because the driver of a car does not look for smaller vehicles. Using proper driving precautions, such as checking blind spots, using rearview and side-view mirrors before changing lanes, keeping a safe distance between your vehicle and the one in front of you, regardless of the size, can be helpful in preventing such accidents.

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Posted On: December 25, 2010

Pensacola Resident, Christopher James Holland, Suffered Fatal Injuries in Hit and Run

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Florida hit-and-run accidents can lead to criminal charges, especially when fatal injuries result from the accident. Christopher James Holland, 22, died after suffering injuries in an accident that caused him to be ejected from a truck. The driver of the truck, Jacob Gaulden of Pensacola, was later arrested for leaving the scene of an accident with injuries. His charges may be increased to leaving the scene of an accident resulting in a death.

Florida law requires drivers to stop at the scene of an accident involving injuries and failure to do so is a third-degree felony. If a death results from an accident and a driver fails to stop at the scene, then the driver can be charged with a first-degree felony. Also, any person that fails to stop at the scene of accident resulting in a death and that driver is found to have been driving under the influence of drugs or alcohol, then the driver shall be sentenced to a minimum of two years imprisonment, in accordance with Florida Statute 316.027(1)(a) and 316.027(1)(b).
The Florida Highway Patrol has vowed to crackdown on them due to the increase in these types of accidents in the last few years. The push on such investigations should help protect victims and their families, such as Christopher James Holland and his surviving family. Florida does allow for wrongful death actions to be brought within two years of an incident, and they can be brought by the family of the victim.

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Posted On: December 24, 2010

Heckscher Drive Automobile Accidents Sends Three People to the Hospital for Personal Injuries

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Three people were sent to the hospital in Jacksonville, Florida after a car passed in a no-passing zone and was struck head-on by an oncoming pickup truck. The accident occurred at 5:45 a.m. on Heckscher Drive. Jason Lee Andrews, 30, of Newport News, Virginia, was identified as the driver of the Honda vehicle. Andrews was hospitalized in critical condition as his car was struck by an oncoming pickup track while he was passing other automobiles in a no-passing zone. The two people in the pickup truck were identified as Richard Greene, 45, of Gainesville, Florida and Kelly Gibson, 53, of Green Cove Springs, Florida. Both Greene and Gibson were hospitalized with non-life-threatening personal injuries. The driver of the pickup truck tried to avoid colliding with the passing Honda, but attempts were unsuccessful. The truck was flipped onto its side after attempting to swerve out of the Honda's path. All victims were transported and treated at Shands Jacksonville and all were reported to have worn their seat belts. To read more on this story please see 3 people hospitalized after head-on collision in no-passing zone.

Passing in specifically designated "no-passing zones" puts many innocent drivers at risk of sustaining serious personal injuries or death. No-passing zones are created because due to certain conditions, such as decreased visibility, sharp turns, etc., Florida officials have deemed the unsafe for passing other automobiles. In order to pass another car, drivers usually have to increase their speed and cut the other cars off when returning to their original lane. This is a style of aggressive driving that leads to many collisions.

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Posted On: December 23, 2010

In Merritt Island, Florida Sun's Glare Causes Pedestrian Accident

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In the Sunshine State of Florida, sun glare can be a factor for drivers and the cause of accidents, including accidents involving pedestrians. Taking precautions, such as wearing sunglasses, cleaning your windows, slowing down, and using your visor are simply a few ways to avoid accidents due to the sun glare in Florida.
A Merritt Island child, 10-year-old David Yassa, was hit by a car as he attempted to cross the road. The driver, Louis Martin Karg, told officers that the sun’s glare made it difficult for him to see the child, who was airlifted to Arnold Palmer Hospital. The Florida Highway Patrol is still investigating the accident.
According to National Highway Traffic Safety Administration, in 2002, 158 fatal accidents were reported to be the result of sun glare. The issue of sun glares, or even light glares in the evening are serious. Drivers and pedestrians should consider such risks while driving and take the proper precautions to ensure such accidents do not exist.

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Posted On: December 22, 2010

Serious Automobile Accident in Lakeland, Florida

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A three-car accidence occurring in Lakeland, Florida sent a 61-year-old woman and her child passenger to the hospital. The woman was identified as Barbara Clements, the name of her child passenger was not immediately available. Although the cause of the accident was also not immediately available, the Florida Highway Patrol did say that Clements was taken to Lakeland Regional Medical Center after sustaining a serious personal injury to her head and was listed in critical condition. The accident occurred around 10:30 a.m. at the intersection of State Road 542 and Reynold Road. If you would like to read more on this accident please see Three-car accident sends woman and child passenger to hospital.

Florida roadways are extremely dangerous, especially for children being transported along these roadways. Drivers need to be extremely aware of their surroundings on populated roadways. Many of Florida's highways are congested and have a high amount of incoming and exiting traffic. Florida drivers should be aware of busy intersections, stay alert, use their safety belts and ensure proper child restraint is being used for all child passengers.

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Posted On: December 21, 2010

Babysitting Class - American Red Cross - North Florida - A Great Class for Young Babysitters

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Many pre-teens and teens perform babysitting duties in various neighborhoods throughout North Florida. A babysitting class provides helpful and valuable training for young babysitters. Many courses are offered by local non-profit organizations like the American Red Cross. You can learn more about babysitting classes through the Northeast Florida American Red Cross by clicking here. The taking of a babysitting class will not ensure that everything that will run perfect but it will give the young babysitter some important life lessons in caring for children.

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Posted On: December 20, 2010

Florida Resident (Kaley Michele Kennison) Dies in Cedar Falls, Iowa Automobile Accident

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Recently, a Palm Harbor woman was killed in Cedar Falls, Iowa, in a single car accident. She was riding as a passenger when the man driving the truck lost control, struck a retainer wall and an unoccupied parked vehicle. Emergency services transported the young Florida woman to the hospital but she past away in route. Charges against the driver are unknown at this time but the investigation is ongoing. The cause of death is undetermined at this point as well. Driving at night can be especially dangerous. Make sure you follow these tips.

1. If the area is not lighted well, drive with extra caution. Drive at a slower rate of speed.

2. Make sure your headlights are on. Remember just because you can see other cars doesn't mean they can see you if you don't have your lights on.

3. Wear your safety belt at all times.

4. Whether it is night or day, do not DRINK AND DRIVE! It is against the law and it is extrememly dangerous.

5. If you are tired and find yourself dozing off, pull over to the side of the road and either find another ride or wait until you are no longer tired before driving again.

To learn more about this story, visit Driver arrested after passenger dies in Cedar Falls pickup truck crash.


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Posted On: December 19, 2010

Dangers to Pedestrians Crossing Roads in Florida

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There are dangers to pedestrians crossing the road in Florida. A pedestrian who is innocently walking on a sidewalk, crosswalk, or even through a parking lot can be hit by an inattentive driver, which in turn can cause serious personal injuries and wrongful death. Many pedestrian accidents and injuries can be avoided, in Florida and other states, by limiting driver distraction, by reducing speed in residential and commercial areas, and by giving the right-of-way at all times possible to pedestrians.

Injuries to a pedestrian may result if a driver does not take such precautions. If injuries do result from the actions or lack of actions by a driver, then the pedestrian may have a claim for injuries, related medical expenses, loss of enjoyment of life, future medical expenses, etc. Florida allows recovery for injuries if the claim is made within four (4) years of the date of the incident.

A recent example of a pedestrian accident was in Utah, when a Florida woman was struck by a car as she crossed the road. The woman was unconscious due to the crash and was transported to the hospital with critical injuries.

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Posted On: December 19, 2010

Dangers to Pedestrians - Pregnant Woman Dies While Trying to Cross a Miami Street

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A 27-year-old pregnant woman was killed after being struck by a vehicle while trying to cross a street in Miami, Florida. The woman was identified as Cecelia L. Chinn. Chinn and a man were trying to cross a street in Miami's Kendall neighborhood when both pedestrians were struck. The man sustained no personal injuries. Chinn, who was 7 months pregnant at the time of the incident, was taking to Jackson Memorial Hospital. Neither Chinn nor her unborn child survived. The driver of the automobile stayed at the scene, no charges have been filed. If you would like to read more on this story please see Pregnant woman killed after being struck by a vehicle.

The death of this woman is a tragedy for her family and community. Under Florida law, pedestrians have the right-of-way. Therefore, drivers need to yield to pedestrians at all times possible. Of course, there are incidents in which a pedestrian fails to obey traffic signals and darts out into traffic. When these circumstances take place, it is very difficult for a driver to avoid hitting the pedestrian.

It is important that drivers of busy Florida roadways stay attentive and alert while driving. Distracted driving has become a nation-wide problem. Drivers should refrain from talking and texting on a cell phone, listening to music too lougly, or eating and drinking while driving. Drivers who keep their focus on the road will decrease the likelihood of being involved in a collision with another car or hitting pedestrians and bicyclists.

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Posted On: December 18, 2010

Fatal Motorcycle Accident in Volusia County - Biker (Robert Stuck) Hit by Driver Who Ran a Stop Sign Per Florida Highway Patrol

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Robert Stuck, a 56-year-old motorcyclist, was fatally struck by a driver in Volusia County, Florida, after the driver ran through a stop sign. Linda Charles, 66, of Eustis, Florida, was identified as the other driver involved in the collision. Stuck was transported to Halifax Medical Center in Daytona Beach, where he lated died. According to the Florida Highway Patrol, Charles was charged with driving through a stop sign. If you would like to read more on this story please see Motorcyclist fatally hit by driver who ran through stop sign.

This man's death is a tragedy for his family and community. Florida roadways can be extremely dangerous. Therefore, drivers need to stay alert and be attentive to their surroundings at all times. Drivers should refrain from activities that will take their attention away from the road. This includes activities such as talking or texting on a cell phone, eating, reading and talking to other passengers while driving. Drivers who are aware of their surroundings are better able to prevent collisions with other drivers and motorcyclists on Florida roadways.

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Posted On: December 17, 2010

Crash at 7-11 Store Leads to Death of Polk County Florida Sergeant Wesley Whitmore, Jr.

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A tragic accident that occurred outside of a 7-11 store in Winter Haven, Florida resulted in the death of a 60-year-old Polk County, Florida Sergeant, Wesley Whitmore, Jr. Whitmore was a member of the Polk County Sheriff's Office for 15 years. How the accident occurred is somewhat bizarre. According to officials, a Cadillac Escalade crashed through metal barriers along a highway, hit the corner of a business store, Wanda's Collectibles, the owner of the store, Wanda Perez, and continued through the 7-11 parking lot. Whitmore had just parked and stepped outside of his vehicle when he was struck by the SUV, propelling Whitmore and spinning the car 180 degrees. The SUV continued down an embankment into a retention pond, then back up onto the highway and finally coming to a stop.

The driver of the Escalade was identified as 79-year-old Leo Saunders. It is unclear why Saunders lost control of the vehicle, but Saunders' wife says he blacked out. Whitmore was transported to Winter Haven Hospital where he was pronounced dead short after his arrival. Saunders was transported to the same hospital with non-life-threatening personal injuries. Perez, the owner of the business, Wanda's Collectibles, was also taken to the hospital with significant personal injuries. Both Saunders and Perez are expected to be fine. If you would like to read more on this story please see Polk County Sergeant killed after bizarre car accident at 7-11 store.

The death of Sgt. Whitmore is a tragedy for his family and community. Florida drivers must understand the responsibility they take on when they step behind the wheel. Drivers should not drive if they have been experiencing medical symptoms or are otherwise feelings ill. Attentiveness, alertness and staying focused on the road are the key to safe driving.

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Posted On: December 15, 2010

Polk County Sergeant Killed and Business Owner Injured by Escalade

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Sergeant Wesley Richard Whitmore, Jr. of Polk County Sheriff’s Office was killed when the driver of an Escalade crashed into his patrol car.

According to witnesses, before hitting the officer, the driver of the Escalade went through metal barriers, struck a woman, Wanda Perez, that was standing outside her own business, crashed into her business, went through a parking lot and then smashed into the patrol car, the force of which spun the patrol car in 180 degrees, before continuing through shrubbery, through a retention pond and into an intersection.

According to the report, there were no indications the driver ever hit the brakes and the police are still trying to determine how the driver lost control of the vehicle.
The business owner who was first struck suffered injuries and was transported to Winter Have Hospital.

In Florida, the surviving family of 60-year-old Sgt. Wesley Richard Whitmore, Jr., may have a claim for wrongful death against the driver of the Escalade. Wrongful death actions have been recognized for the surviving family members to recover for the damages that result from the loss of a spouse and/or father. Such claims for negligence must be brought within two (2) years of the date of incident.

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Posted On: December 14, 2010

Rampart Road Accident Causes Life Threatening Injuries to Passengers

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An accident on Rampart Road in Jacksonville, Florida left four injured. The accident occurred, according witnesses that called it in, when a car lost control and crashed into a water pipe and power pole at approximately 3 a.m. The road was not expected to be opened for approximately 5 hours afterward.

According to the police, the driver, who had three passengers in the car, lost control before running off the road. No one was wearing their seatbelt, which led to the driver being ejected from the car and the two rear passengers with life threatening injuries.

In Florida, the only insurance requirement for medical coverage is that a registered owner of a car must carry Personal Injury Protection (PIP) of $10,000.00, which covers medical expenses up to $10,000.00 regardless of fault. If the passengers do not have their own cars, then they may fall under the driver’s PIP insurance. If the passengers have their own car insurance, then that PIP coverage will pay their medical bills.

If the driver did have Bodily Injury coverage (BI), then the passengers will have a claim against the driver’s insurance company for their injuries and related damages (loss of enjoyment of life, out-of-pocket expenses, future medical, etc.). If the driver did not own the car, then the passengers may have the same claim against the owner of the car. If neither has BI coverage, then the only recourse against the driver and/or owner is a personal suit that would attach to personal assets. A claim for such injuries must be filed with the court within four (4) years of the date of the accident.

However, if the passengers have their own car insurance, then they may have Uninsured Motorist coverage (UM), which would provide another form of insurance relief for their injuries and related damages.


Continue reading " Rampart Road Accident Causes Life Threatening Injuries to Passengers " »

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Posted On: December 14, 2010

Palm Coast Accident Involving SUV Rollover Takes Five Lives

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A Palm Coast accident took the life of five people from Eustis returning from a family reunion in North Carolina. There were nine people in the SUV, only two wore their seatbelts. The 1999 Ford Explorer rolled over on Interstate 95 when their left rear tire blew out and the driver los control of the vehicle.
Those killed in the accident ranged in ages from 18 – 48. The survivors were all children, who were taken to Flagler and Halifax Hospitals and later released to family members.
In accidents involving deaths the surviving family members of the victims may have a claim for their losses and damages in a Wrongful Death action, which must be brought within two (2) years of the date of accident. Normally such claims would be brought against the insurance held by the driver and the owner of the vehicle. However, due to the nature of the accident there may be a question as to whether the vehicle’s design caused this tragedy.
If an investigation is conducted of the vehicle, and it appears that the Explorer should have not rolled over in such an accident, then the family members may have a products liability claim against Ford. Investigating and analyzing such claims can be challenging, but rollover cases cannot be easily dismissed as driver error. The timeframe is still a factor, but the action would change from negligence of the driver to negligence in the design of the vehicle.

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Posted On: December 13, 2010

Two People Die in Clearwater Florida Automobile - Semi Tractor Trailer Accident

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Two elderly Clearwater citizens have been recently killed in a Florida automobile accident. Their vehicle allegedly cut off a semi-tractor trailer and the trailer slammed into the vehicle. The driver of the vehicle and his passenger were killed.

The driver of the tractor trailer was not injured and a driver of a third vehicle impacted by the accident was not injured either. The investigation is ongoing but area residents say there have been several recent accidents at that particular intersection. Unfortunately, in this situation, neither victim was saved by wearing their seat belt. However, it is always recommended to wear your safety belt even if you are just riding short distances. Forensic evidence, police reports, and other supporting facts will likely be necessary for either party to bring a civil claim for a cause of action.

To read more on this story, visit Two die in Clearwater crash.

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Posted On: December 12, 2010

Florida Highway Patrol Reports Death of Orlando Woman After Driver Runs a Red Light

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Recently, an Orlando woman was killed and another injured in a severe automobile accident. The accident victim was struck by a motorist running a redlight at 3:00 a.m. Alcohol is reporetdly not involved, but the investigation is ongoing.

The accident victim had the right of way but the suspect ran the redlight and struck the driver's side of the vehicle. The accident victim was pronounced dead at the scene. Whether this accident victim's family or estate will have a legal claim against the suspect will depend on several factors. The passenger in the woman's vehicle may also have a legal claim against the suspect. Forensic evidence and witness statements are typically obtained to investigate the possible legal and insurance claims.

In order to protect yourself from these types of situations, check all directions before driving through an intersection. Do not assume that because your light is green or you have the right of way, you are safe.

To learn more about this story, please visit FHP: Orlando woman killed after motorist runs red light.

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Posted On: December 11, 2010

Orlando Police Officer Kristy Casiano and 15 year-old, Crystal Lugo, Injured by Driver Running Late to Movie

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Mark Fatovic, 22, of Orlando, crashed into a police car driven by Officer Kristy Casiano, sending her and a teenage passenger of Fatovic to the hospital. According the investigation, Fatovic was running late to a movie and was traveling at approximately 55 to 60 mph when he hit Casiano as she was turning East onto International Drive. The posted speed limit in that area is 30 mph according to the report.
Fatovic’s Honda hit the rear passenger door of Officer Casiano, forcing her into a business sign. Another Orlando officer, who estimated the speed traveled by Fatovic at the time, witnessed the wreck.
In Florida, going over 30 mph of the posted speed is not only punishable by a fine, but requires a mandatory hearing.
For their injuries, Officer Casiano and the Honda passenger, Crystal Lugo, will receive personal injury protection (PIP) to cover their medical bills. The PIP coverage is required on all vehicle registered in Florida and covers up to $10,000.00 in medical bills. Officer Casiano will receive said coverage through the insurance policy held by the State on the police cruiser and Lugo’s coverage will be through either her parents or the driver, Fatovic.

The legal cases would involve an evaluation and investigation of the accident itself, injuries, medical treatment, medical bills, wage loss, and available Bodily Injury and Uninsured Motorist insurance coverage.

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Posted On: December 10, 2010

Jacksonville Widower of Buckman Bridge Victim, Luma Kajy, Files Suit Against GM for Yukon Design

2003-yukon-xl-denali.jpegThe Jacksonville widower of Luma Kajy, the victim of a tragic accident on the Buckman Bridge earlier in 2010, filed suit against General Motors due to the Yukon, driven by Kajy, turning over and causing the death of Kajy after she swerved from the path of Sarah Pringle, found guilty of DUI Manslaughter for the accident.
The GM Yukon has a history of rollover issues and the design of the 2003 GM Yukon driving Kajy’s is one of the models known for such problems. The products liability lawsuit was filed within the statute of limitations timeframe of two years for a wrongful death claim. The suriving spouse may have actually had more time to file the lawsuit due to a 2010 change to the Wrongful Death statutory limits which indicates that there is no bar on such actions caused by the intentional acts of another.
The suit against GM should not impact the jail sentence currently being served by Pringle. Regardless of the make-up of the Yukon, had it not been for Pringle’s actions and choice to drive under the influence, Kajy would not have been involved in the accident that took her life.
A suit against a company like General Motors will most likely take time. Typically a case involving a products issue requires a period of discovery where both sides are investigating the allegations set forth in the lawsuit. In order to establish a products liability case, the widower will need to show that GM was negligent in their design of the Yukon and that such negligence caused the rollover in an accident like this one. In addition, whether certain testing would have shown GM of the potential dangers associated with such design.
The fact that the Yukon’s body has been changed since the 2003 model, which cannot be shown as evidence that the 2003 model was, in fact, faulty.

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Posted On: December 9, 2010

Hit and Run Arrest of Suspected Driver - What Are the Legal Issues Involved with the Case? Criminal and Civil

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The hit and run death of Lt. Robert Huish took place on November 28, 2010. Since the accident, investigators went to work to track down the driver of the hit and run vehicle. The suspected driver - Gregory Matthew Jacobs (age 29) appeared in a Duval County Courtroom to face criminal charges for the tragic hit and run death of Lt. Robert Huish. The State Attorney's Office has the responsibility of pursuing this case and must prove its case beyond a reasonable doubt. Mr. Jacobs will be entitled to defend himself against these charges. Evidence in the case will include witness statements and forensic evidence including but not limited to the vehicle that investigators believe was involved in the fatal accident. Police located the black Isuzu Rodeo with front end property damage in the garage of Jacobs' home. Investigators and forensic experts should be able to match the property damage to the vehicle to bicycle and other evidence obtained by investigators at the scene. This, of course, assumes that the the Rodeo was the vehicle involved in the crash. See B Beaches Man Charged with Killing Jacksonville Navy Pilot in Hit and Run Accident.

The family of Lt. Robert Huish may also decide to pursue a civil case against the driver and owner of the suspect vehicle for the untimely and tragic death of Lt. Robert Huish. This case must be proved by a preponderance of the evidence which is a lower standard than the criminal standard. Florida also has adopted a comparative fault standard for automobile accidents. In other words, a jury could apportion the fault among two or more people.

Pursuant to Florida Statute Section 316.027, the driver of any vehicle involved in a crash occurring on public or private property that results in injury of any person must immediately stop the vehicle at the scene of the crash, or as close thereto as possible, and must remain at the scene of the crash until he or she has fulfilled the requirements of s. 316.062. Any person who willfully violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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Posted On: December 7, 2010

Keystone Heights Crash Results in Death of One and Injuries to Others

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A Clay county woman was killed and five others injured in a severe car accident just recently. The accident happened around midnight on Bellamy Road. The woman was ejected from her crew cab seat as the driver of the truck lost control and the vehicle rolled at least five times before coming to a stop.

Four of the remaining occupants were released from Shands hospital but one occupant remained admitted but in stable condition. The cause of the accident is unknown at this time, but the investigation will continue.

Automobile accidents are unpredictable. However, many serious Florida automobile accidents can be avoided by limiting driver distraction and driving at a safe speed.

To learn more about this news story, please visit Woman killed in Clay accident identified.

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Posted On: December 6, 2010

West Palm Beach Airport Crash Investigation - Students and Instructor from Central Florida Flight School

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Recently, three students and a flight instructor from the Florida Institute of Technology died as a result of a plane crash. The plane was reportedly malfunctioning at take off from the Palm Beach International Airport, but the flight instructor never reported a distress call.

Early indications point to engine failure as a result of the crash, however, a certain cause for the crash is not expected until the investigation is complete six months from now.

Three of the victims died at the scene and another died in route to a hospital. It is believed that once the plane made impact, there was an explosion, and the victims burned inside the plane. Autopsies are expected to be performed on the victims.

More facts and forensic evidence would be needed to support these legal claims.

To learn more about this article, visit Plane crash investigation moves forward as victims are identified Students and instructor from Central Florida Flight School aboard flight, officials say.

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Posted On: December 5, 2010

Fatal Accident Involving Alligator Takes Life of Steven Lee Purdy of Cape Coral

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A Cape Coral accident left one man, Steven Lee Purdy, dead after his car was struck by another car, driven by Lazaro Zarza. The Florida Highway Patrol investigation showed that Zarza swerved to avoid hitting an alligator that was on the roadway, as he did so, he swerved into Purdy’s vehicle.
The investigation is ongoing, and no charges have been filed against Zarza. The accident caused the death of 27-year-old Steven Purdy and injured 3 others, including Zarza and his passenger.
Due to the wildlife in Florida it is important to be aware of your surroundings and to understand the risks involved in swerving to avoid an animal. Often, swerving to avoid an animal can cause the driver to lose control of his or her vehicle and other accidents, such as the one involving the death of Steven Lee Purdy, can result. An article written in Bloomberg Business Week states that a safety rule is to maintain your lane when approaching an animal because the damage can be far less from hitting the animal than attempting to avoid it.
In Florida, surviving family members (spouse, minor children, etc.) can file a claim for Wrongful Death when the death is caused by negligence or the intentional acts of another. While the claim is brought against the individual, in cases involving car accidents, the at-fault driver’s insurance would most likely be the one to pay the claim if the driver maintained bodily injury (BI) coverage. If the at-fault driver did not, but the victim carried uninsured or underinsured (UM) coverage on his policy, then the Wrongful Death action could be brought against the victim’s own insurance.
Florida Wrongful Death actions for negligence must be filed with the Court within two (2) years of the date of the incident to preserve the case.

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Posted On: December 4, 2010

NAS Jacksonville Pilot Seriously Injured in Hit-And-Run Accident

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Lt. Robert Huish, a Navy pilot stationed at NAS Jacksonville was severely injured when a car clipped his bicycle as he was riding on East Coast Drive in Atlantic Beach. The driver of the white or cream SUV is unknown because the individual fled the scene. Huish, however, was transported to Shands of Jacksonville where he is in a drug-induced coma.

Lt. Robert Huish has only been at NAS Jacksonville since July, when he returned from a seven-month tour in the Middle East. His parents came to Jacksovnille when the received word of the hit-and-run accident.

Florida law requires drivers to stop at an accident scene if there are any injuries and the driver must stay at the scene until the police arrive. Florida statute 316.027 states that anyone that violates such law can be charged with a third degree felony. In such case, the driver would be provided an attorney to represent him or her for the charges.

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Posted On: December 3, 2010

Steve Dupuy and Roger Vance Die in Terrible Automobile Accident Outside of Atlanta, Georgia

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In Georgia and other States, automobiles are dangerous instrumentalities. This is a fancy way of stating that serious injuries and deaths result from the use and operation of motor vehicles. One such serious automobile accident was reported outside of Atlanta, Georgia. Steve Dupuy, age 42 from Middleburg - Clay County - Florida and Roger Vance - age 42 from Canton Georgia were occupants in a vehicle that struck a tree about 40 miles outside of Atlanta. It was reported that the Chrysler 300 vehicle was demolished after it crashed into a big tree in a residential yard. It was reported that neither man was wearing a seat belt. You can read more about this story at Middleburg man 1 of 2 killed in Georgia Accident - Car Was Demolished.

Serious automobile accidents can occur any time - any place. It is important to drive safe and be alert at all times. There are just too many driver distractions these days that lead to accidents. Arrive alive by paying attention and driving at a safe speed.

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Posted On: December 2, 2010

Polk County Pedestrian, Francois Simon, Was Killed in Hit-And-Run

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Francois Simon, a 70-year-old Polk County resident, was hit and killed by a 17-year-old Polk County teenager. It was reported that the teenager was driving her 2004 Dodge truck when the right side of her truck hit Simon, who was walking northbound on the roadway. The girl continued on her path and picked up her friend for school before getting to Kathleen High School, where she reported the accident to the School Resource Deputy. Once the police responded to the scene, Simon was pronounced dead. In Florida, leaving the scene of an accident with injuries is illegal and the teenager could be charged with a third degree felony. If she is, then she is entitled to an attorney to represent her. Currently, her fate is unknown because the investigation is ongoing.
Simon’s family potentially has a Wrongful Death claim against the teenager. If the car is registered to her parents, then the claim could be against both her and her parents. In Florida, a wrongful death action must be brought within two (2) years, unless the death is caused by an intentional act. In cases such as this, the driver and her parents’ car insurance would be responsible for representing them in the Wrongful Death claim.

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