North Florida Injury Lawyer Blog

In Polk County, Florida, a fatal motorcycle accident was reported on North Chestnut Road near Ivey Lane. According to the Florida Highway Patrol (FHP), the biker (Michael Mitts) was operating a 1992 Yamaha on North Chestnut when the motorcycle approached a Ford vehicle that was backing out of a drive way. Tragically, both the motorcycle operator (Michael Mitts) and his passenger (Laura Nalley) both of Lakeland, Florida died as a result of this motorcycle / automobile accident. Since deaths result from this Florida automobile / motorcycle accident, the Florida Highway Patrol will conduct a full investigation on this accident to determine the cause and preventability of this accident. For more information see Two Killed When Motorcycle Crashes in Polk County, Florida.

A recently released study has Jacksonville, Florida (Duval County) as the third most dangerous city in the United States for pedestrians. From 2000 through 2009, over 300 pedestrians were killed in the City of Jacksonville. The national study also has other Florida cities as danger zones for pedestrians including Orlando / Kissimmee, Tampa / St. Petersburg / and Clearwater, Miami / Fort Lauderdale. One of the factors that may have put Jacksonville on the list is the wide intersections that are located throughout the city like the one at University and Beach Boulevard. These heavily trafficked area make it a dangerous and risky place for pedestrians to cross. For more information about this study see Jacksonville Third Most Dangerous City for Pedestrians in America.

In Macclenny, Florida (a town outside of Jacksonville, Florida), an automobile accident was reported by the Florida Highway Patrol. Robert Cruikshank (age 94) was driving a Mercury Marquis and heading West on I-10. Another vehicle driven by Sarin 55 of Jacksonville, Florida reportedly drifted on to the right shoulder and thereafter caused a head on collision with the vehicle driven by Cruikshank. Tragically, Cruikshank died as a result of this accident. Since there was a death that resulted from this Florida automobile accident, the Florida Highway Patrol will investigate the accident and issue a report determining the cause and preventability of the automobile accident. See Fatal Accident at I-10 in Macclenny Florida.

If you drink and drive you increase the chance of being in a Florida automobile accident. Steven M. Dickson, 62, was charged with DUI manslaughter last Sunday for a Florida automobile accident that occurred off County Road 48 near Istachatta Road. Dickson was driving a Chevrolet SSR with a blood-alcohol level of 0.1555 according to news reports, which is nearly twice the legal limit. The Florida Highway Patrol reported that Dickson swerved to avoid an animal in the road but lost control of the vehicle and it overturned. Both Steven and his passenger, Deborah A. Dickson, 62 were ejected from the vehicle. Deborah Dickson was transported to Tampa General Hospital where she sadly died.

Drinking and driving causes accidents and deaths every day and therefore the penalties in Jacksonville, as well as other Florida cities are very tough. According to Florida Department of Motor Vehicles records there were 34,638 DUI convictions in Florida in 2006. As expected larger, more populated counties account for the majority of the DUI Convictions. Following is a summary of DUI convictions in Florida’s largest cities.

- Hillsborough County (Tampa) - 4,107
- Pinellas County (St Petersburg) - 2,760
- Duval County - (Jacksonvile Area) - 2,170
- Miami-Dade - (Miami) - 1,824
- Brevard County (Melbourne) - 1,665
- Broward County (Fort Lauderdale) - 1,606

If you are caught drinking and driving, the result may be jail time / prison sentence, loss of your Florida driver’s license, heavy fines, and much higher auto insurance rates. Also, a possible conviction that would stay on your Florida driving record for 75 years. For more information on this topic, see Inverness man charged with DUI manslaughter after passenger dies from crash.

A motorcyclist, Henry F. McCain, 66, of Spring Hill, was killed while police were in pursuit of a fleeing driver. The incident started when Pasco County Deputy Ashley Grady pulled over Brittany Miles, 21, on U.S. 19 at Florestate Drive in Hudson for reckless driving. After Miles was handcuffed, she got back into her pickup truck and drove off. Grady attempted to stop Miles from leaving but was instead dragged through three lanes of traffic. Miles then proceeded to run a red light at County Line Road and U.S. 19 in Hernando County, and collided with McCain who was heading west through the intersection on his Suzuki motorcycle. He died at the scene. Deputy Grady suffered head injuries and abrasions but is expected to recover.

Miles was eventually caught by Pasco County Florida deputies and arrested. She was treated for minor injuries at Oak Hill Hospital, and later she was booked at the Hernando County Jail. Miles was recently arrested in Pasco on April 25, 2011 for possession of methamphetamine but was released on $5,000 bail. Records also show that Miles has received seven driving citations over the past four years. She has paid a total of $649 in fines and has had her license suspended twice for failure to pay fines on time. For more information on this topic, see Motorcyclist dead, depty hurt after driver flees traffic stop.

Car accidents are unfortunately a large part of the driving experience in Florida. Just last week, a four car wreck in Gainesville killed a woman and child. The automobile accident occurred at the 8700 block of Waldo Road. Florida Highway Patrol Lieutenant Patrick Riordan described the crash as involving multiple rear- type collisions, but the cause of the first collision is unknown. According to the FHP, two of the vehicles involved were trying to turn onto a nearby church property when the wreck occurred. The names of the two people who died, an 89-year- old woman and an 18 –month-old girl, were not available. Lieutenant Riordan did know the two were related and were traveling in the same vehicle.

Florida Department of Highway Safety and Motor Vehicles urges drivers to avoid eating and drinking, texting, cell phone use, smoking, adjusting the radio or CD player, and other distracting behaviors while driving to reduce the frequency of accidents on Florida roadways. For more information on this topic, see Woman, toddler killed in multi-vehicle crash on Waldo Road.

Continue reading " Woman and Child Die in Gainesville Florida (Waldo Road) Automobile Accident " »

In Jacksonville, Florida, riding bicycles is a great way to enjoy a beautiful day, as well as a fun way to exercise. Under Florida law, the bicycle is legally defined as a vehicle, which means that bicyclists have the same rights to use the roadways as other vehicles. As such, bicyclists can be involved in vehicle collisions and face an increased risk of injury or death as a result.

Sadly, Tracey Kleinpell, 46-year-old cyclist from Fort Myers was killed while riding her bike on the Sanibel Causeway. Tracey and her husband, Gordon Kleinpell, were riding their bikes along the causeway in the early afternoon. It was reported that a truck driven by Theresa Lynn Shirley, a resident of Bokeelia, swayed into the bike lane and struck Tracey on her bicycle. Tracey was ejected off her bike and into the San Carlos Bay. A nearby boater pulled the cyclist from the water, but attempts to revive her were unsuccessful.

Florida Highway Patrol Officials are conducting an investigation into this fatal accident. It has not yet been determined whether the driver had fallen asleep at the wheel while under the influence of medication or suffered from any medical condition which may have caused the accident. The Caloosa Riders and Bonita Bay Bicycle Club dedicated their annual “Ride of Silence” last Wednesday as a tribute to Kleinpell and Janet Rae LoFranco, another bicyclist from Estero who was killed while riding her bike.

There is only one road, and it is up to Florida bicyclists and motorists to treat each other with caution and respect. In the event that you are involved in a crash with a motor vehicle while riding your bike, always report the crash. Florida law requires you to report the crash where there are personal injuries or damage to property that exceeds $500. Even when not required by law, reporting the crash is critical to preserving your rights. To learn more about Florida’s bicycle laws, visit the Florida’s Bicycle Association. For other information on this article, see Cyclist, 46, killed in tragic accident along causeway.

Summer heat is now here in Florida including North Florida (Jacksonville, Orange Park, St. Augustine, and Fernandina Beach) in full force even though it is still only the month of May. It was recently reported that the Jacksonville Fire Rescue responded to a situation where a 1 year old child was left in a hot car outside of a local government building. The child was locked in a car with temperature outside exceeding 90 degrees. Fire fighters broke through the window to get the child out of the car. Some estimate that the temperature inside of a vehicle can be 60 or even 80 degrees higher than the outside temperature. Just a few minutes in a vehicle can cause serious personal injury to children, the elderly, and, yes, even pets. It can also lead to an arrest and criminal prosecution in some cases for abuse and neglect. There are two typical reasons for leaving someone in the vehicle unattended: convenience and / or forgetfulness. The dangers presented by a hot car or hot vehicle are too great and should not be ignored or underestimated. An easy reminder system is to put a stuffed animal in the back seat. When the vehicle is parked, move the stuffed animal to the front seat and remove the child and other passengers from the vehicle. See First Coast Experts: Don't Leave People or Pets in Hot Cars this Summer.

A young woman in a powered wheelchair was struck and killed by a white pickup truck Saturday at about 1:30 a.m. The accident took place on Lambing Road in Jacksonville, Florida. The woman, who was in her early 20s, was announced dead at the scene.

Under Florida law, hit and run accidents can be a very serious crime with substantial penalties. Florida Statute 316.027 requires that a driver of any vehicle involved in a crash which results in the death of a person to immediately stop the vehicle at the scene of the crash, or as close thereto as possible. The driver must remain at the scene of the crash, and provide to the injured person (and police officer) their name, address, registration number of the vehicle, and license or permit to drive. Any person who willfully violates these requirements commits a felony of the first degree. Any person who willfully violates these requirements while driving under the influence shall be sentenced to a mandatory minimum term of imprisonment of 2 years. For more information on this topic, see Truck flees scene after striking woman in wheelchair.

Thomas Dantin, 43, from Ponte Vedra, Florida, was killed Thursday morning in an automobile collision accident. According to the Florida Highway Patrol report, the crash occurred on U.S. 1 North near Nocatee Parkway. A woman who was driving northbound on U.S. 1 in a 2007 Toyota drifted into the median towards oncoming traffic. Dantin was headed southbound on U.S. 1 in his Chevrolet pickup truck when the Toyota crossed his lane. He tried to swerve to the right and avoid the oncoming car, but the Toyota struck the front left fender and the driver’s side door. Dantin was airlifted as a trauma alert, but sadly he died. The driver of the Toyota was also injured; the extent of her injuries is unknown. The accident report indicated that both drivers were wearing their seatbelt at the time of the collision.

Florida’s Safety Belt Law makes it unlawful for any person to operate a motor vehicle in the State of Florida unless the person is restrained by a safety belt. Each passenger under the age of 18 years must wear a seat belt at all times. Any passenger over the age of 18 years must also wear a seat belt if they are riding in the front seat of the vehicle. Florida Statute 316.614 outlines the requirements of safety belt usage. For more information on this topic, see Crash kills Ponte Vedra Beach man.

While it is the law and a safety measure to wear a seatbelt, the use of a seatbelt does not prevent all injuries or deaths in the State of Florida. Obeying speed limits, lane designation, and road signs can go a long way to prevent accidents from taking place.

The Gainesville City Commission unanimously voted in March to set up a system that would snap photos of people who drive through red lights. The system would also simultaneously ticket the owner of the vehicle for $158. City officials hope it will reduce crashes / automobile accidents at intersections. Gainesville’s Police Sergeant Joe Raulerson said the cameras could potentially save officers time that would ordinarily be spent writing accident reports so that they can focus their time on violent crimes.

The red light camera system would also be a source of potential revenue. According to the state statute, medical and health trust funds would receive $13 of the $158 ticket paid by the red light violator; the city would get $75; and the state would get the remaining $70.

Although the proposed benefits of red light cameras appear to be beneficial, the system presents an issue if a citizen decides to contest the ticket in court. The problem is that the whole system might not comply with the Florida evidence code relating to hearsay. After a citizen runs a red light, he or she will receive a notice in the mail from the red light camera company. The company will then send a local reviewing police officer to attend the traffic infraction hearing. Hearsay is an issue because the police officers have no personal knowledge of the situation, other than what they have been told by the red light camera company. For the traffic report to be admissible in court, the company would have to present their records custodian to testify as to the validity of the report. For more information on this topic, see Red light cameras are given the green light.

Two Alabama teenagers, ages 14 and 15, were killed in a car crash while riding unrestrained in the back of a pickup truck bed. The crash occurred Sunday afternoon in Baker, according to the Florida Highway Patrol. The victims were Evan Carpenter and Michael Levi Neal from Red Level, Alabama.

Riding in the back of a pickup truck bed remains a troubling and preventable cause of fatalities and serious injuries. Because there are no seat belts or restraints in the bed of a truck, both children and adults can easily be thrown out from the truck even at low speeds. Keep in mind, truck beds are designed to carry cargo, not people. Drivers and owners of trucks should not transport passengers in the back of a truck. A driver has the responsibility to make sure that he or she operates the vehicle in the manner intended and with the number and placement of passengers according to manufacturer recommendations.

Each state treats the risk of riding in the bed of a pickup truck differently. In Florida, it is unlawful for any person under the age of 18 to ride in the open body of a pickup truck unless the minor is restrained within the open body of the truck that has been modified to include secure seating and safety restraints to prevent the passenger from being thrown, falling, or jumping from the truck. The restrictions on riding in the back of a pickup truck are outlined in Florida Statutes 316.2015. For more information on this topic,see
Alabama teens killed in Florida.

In the old days and even today, it is common to see passengers in the back of a pick up truck. It was not safe in the past and certainly is not safe at the present.

Sandy M. Weidner, 38, of New Port Richey was listed in critical, but stable condition after being hit by a semi truck on Wednesday morning. The accident occurred roughly one mile south of the Exit 350/State Road 200 ramp, on the northbound side of I-75 in Ocala, Florida. Florida Highway Patrol troopers said that Weidner had pulled her Honda Accord into the emergency lane and then got out of the vehicle. She stepped into the outside lane and was hit by a passing semi truck. The driver of the semi truck, Jimmy Henderson, 64, of Georgia is employed by Yellow Roadway Corporation and was headed for Valdosta, Georgia. Henderson said he saw the woman standing beside her vehicle and thought she might walk into the roadway. When she did, Henderson quickly checked the middle lane so he could move over, but there was a vehicle in that lane. By the time the lane cleared it was too late, and the right front corner of the semi truck hit Weidner.

The personal and economic costs of highway crashes to local citizens and communities can be enormous. Roadside crashes account for one-third of all U.S. highway fatalities each year. More than 15,000 people are killed and nearly one million people are injured when vehicles run off the road and crash. Roadside crashes cost society $80 billion per year in medical expenses, worker losses, property damage, and emergency services. Florida Drivers should exercise extra caution when traveling on highways and be on the lookout for cars, pedestrians, and other hazards that could cause an accident. For more information, see Woman gets out of car is struck by semi on 1-75 Wednesday.

In Central Florida (Seminole County) and other parts of Florida and the United States, people are meeting people online through services like Match.Com, Eharmony, and other dating or meeting websites. While most encounters are harmless or lead to some wonderful matches and even marriages, some result in serious personal injuries and even rape. Yes, you can get to know somebody online and form a friendship and relationship of sorts before meeting in person; however, in many instances, there is still a meeting of strangers so to speak with little knowledge of the person's past or the person's potentially dangerous propensities. This is the inherent risks of dating whether initiated through an online website like Match.Com or by other introduction methods or arrangements. In Seminole County, Florida, a woman reported to the Seminole County Sheriff's Office that she was raped by a man that she met on Match.Com. It was reported in the Orlando Sentinel that the woman went to the man's apartment where the alleged rape too place. She informed police that the man forced himself upon her and raped her. He then took her to a pharmacy for the Morning After Pill. According to the initial news report, investigators believed that the story was consistent with the information obtained during the initial investigation and later arrested the man. For more information on this story, see Deputies: UCF Reports Rape by Man She Met on Match.Com.

The man arrested will be entitled to defend himself against the charges through the services of a Florida criminal defense attorney or the services of the public defender's office. While an arrest has been made, the case will still need to proved through admissible evidence. If there is no plea deal or dismissal, a jury trial will be conducted in the future and the decision as to whether a crime was committed will be left to a Florida jury.

The internet and websites that promote dating and meeting of new friends and potential soul mates can be a wonderful and change a person's life for the better. Then again, some have quite a different experience with people they meet on these websites which result in a real life nightmare that can haunt a person for life.

A motorcyclist from Prescott, Arizona, was tragically killed during the Spring 2011 tour of Bike Florida, the organization's first fatality it ins 18-year history. 65-year-old Robert Paul King was hit by a 1999 Ford pickup truck on Newberry Road in Newberry, Florida. The driver of the pickup was identified as 23-year-old Brian Patrick Bunting. Bunting was traveling eastbound on Newberry Road when he drifted onto the should and into King's motorcycle. According to Lt. Patrick Riordan of the Florida Highway Patrol, Blunting told troopers his cellphone had fallen into the floor of the truck and he was reaching down to retrieve it when he hit King. Charges could be filed after the investigation is complete. Rachel Weissler, Bike Florida ride director, said King was riding alone at the time of the accident instead of with a group. Bike Florida is an organization that puts on cycling tours to raise money for bicycling and traffic safety education. King's death is the organization's first fatality or serious injury in its history, said Weissler. For more read Arizona motorcyclist killed during Bike Florida tour.

Florida law requires all drivers and occupants in the front seat of a vehicle to always wear a safety belt. In addition, occupants under the age of 18, regardless of where they sit, must also wear their safety belt

Police officers in Jacksonville and nationwide are cracking down on motorists who are not wearing their seatbelts as part of a two week nationwide enforcement program called “Click It or Ticket.” Police officers around the country are gearing up for a busy week as high school graduation activities and Memorial Day weekend outings will put more people, and subsequently more vehicles, onto the dirt roads and pavement of the capital city. As part of a the state and nationwide 2011 Click It or Ticket campaign, local law enforcement agencies will be out in force looking for unbuckled drivers. The program started May 23 and will continue through June 5. The primary target audience continues to be men ages 18 to 34, which research shows are less likely to wear seat belts. Last year Florida achieved a record high safety belt usage rate of 87.4 percent, after the two week Click It or Ticket campaign last May.

Failure to wear a seat belt contributes to more fatalities than any other single traffic safety-related equipment. 63% of people killed in accidents were not wearing seat belts. Wearing a seat belt use is still the single most effective thing we can do to save lives and reduce injuries on Jacksonville roadways. Of course, safe driving and minimizing driver distraction help avoid accidents but seat belts help reduce the severity of the injuries in some instances.

Although the number of motorcycle deaths has dropped two-percent in the first nine months of last year, transportation officials are not necessarily without worry. In fact, some officials feel the number of deaths is starting to rise again. A report released by the Governors Highway Safety Association revealed there were 80 fewer motorcycle deaths from January through September 2010. However, the number of fatalities during the last 3 months of 2010 began to climb. Safety advocates are worried this trend will also occur in 2010. Overall, motorcycle fatalities are more than doubled since the 1990s, peaking at 2008 in 5,312 deaths. With the economic downfall in 2009, motorcycle fatalities decreased 16%. However, what actually caused the plunge in deaths is up for debate. Another concern for safety advocates are the types of helmets motorcyclists are wearing, if they are wearing helmets at all. The number of motorcyclists wearing federally-approved, impact-absorbing helmets has dropped 13% in the first three-quarters of 2010. Simultaneously, the number of motorcyclists wearing "novelty" helmets rose 9%. "Novelty" helmets are lightweight and provide little protection. Some advocates say the novelty helmets are worn by motorcyclists so they can avoid being ticketed for not wearing a helmet. The helmet laws are a related concern. Less than half the states (20 states to be exact), have mandatory helmet laws and only 13 states specify the helmets be federally-approved. For more information on this topic read Recent motorcycle fatalities and trends.

In Holly Hill (Volusia County), Florida, drivers will now be monitored by red light cameras which are now operational. While running a red light is never a good idea from a safety standpoint for drivers, passengers, and others, now a driver running a red light in certain areas of Holly Hill will receive a citation with or without the presence of law enforcement to witness the traffic violation. Some believe that red light cameras are unfair and unsupported by Florida law. Others welcome the technology if it means keeping the streets safer for motorists, motorcycle riders / bikers, bicyclists, pedestrians, and yes, children as well. For more information on this topic, see Holly Hill Switches on Red-Light Cameras. Better and safer driving can certainly reduce the incidents and accidents that lead to serious personal injuries and deaths on or near Florida roadways.

In Orlando, Florida and other Florida cities, a home, whether a rental or one that is owned, should be a safe haven for the residents and visitors. Unfortunately and tragically in many cases, residents are attacked, assaulted, and, yes, raped in their own home. These incidents are quite traumatic and cause severe emotional, psychological, and, in some cases, serious physical personal injuries that last a lifetime for the victim. In Orlando, Florida, a woman reported to police that she was raped by a maintenance man. The woman was locked out of her apartment and sought assistance from the maintenance man for help. The woman reported that the maintenance man let her in and proceeded to rape her. When police later questioned the man, it was reported that he smelled from alcohol and even admitted to drinking alcohol and using drugs (cocaine). The alleged incident took place at the Dovetail Villas Apartments. You can read more about this story at Police: Maintenace Man Raped Apartment Resident.

Six people were hospitalized after a motorcycle ran head-on into a sedan in Orange County, Florida. The collision occurred a little before 9 p.m. at the intersection of Apopka Vineland Road and Silver Star Road. Both the driver and passenger on the motorcycle were transported to Orlando Regional Healthcare Center. Two adults and two children in the sedan were sent to other nearby hospitals, according to the accident report. An infant was also a passenger inside the car. Luckily the infant, who was seated in a car sear, escaped without injury. Neither the names of the victims nor the cause of the collision have been released. For more read 6 sent to hospital after head-on collision between motorcycle and sedan.

When there is a Florida accident involving a motorcycle, there are often times serious personal injuries due to the different in size and weight between the typical motorcycle and the typical passenger and / or commercial vehicle on Florida highways and roads.
Also, motorcycles do not provide the same amount of protection as automobiles, thereby exposing drivers and riders on bicycles to serious personal injuries.

Two teenage boys came close to drowning during the Easter holiday in an Arlington Lake of Jacksonville, Florida. The boys were rescued by friends and neighbors and subsequently taken to nearby hospitals by firefighters. Although the names and identities of either teen were not released, the boys are believed to be in between 15- or 16-years-old. One of the teen's younger brother said his older brother, who lived beside the lake, went swimming with a visiting friend. The older brother became tired and began to sink. The visiting teen went after his friend and eventually became fatigued after trying to save him, slipping underneath the water. Another boy was able to haul the visiting friend to a floating dock at the center of the lake. The other teen was not found until a searcher stumbled into him. Bill Moore lifted the teen's motionless body and brought him to a dock about 40 yards away. A woman performed CPR on the teen until paramedics arrived. Moore said a police officer told him the teen began breathing on his own after being taken from the area. The conditions of both teens are unknown. For more read Two teenage boys nearly drown in Arlington Lake of Jacksonville, Florida.

Although these boys were familiar with the area and had been swimming in the lake in the past, their experience did not keep them from harm's way. A critical factor in teen drownings in fatigue. Never go swimming if you are feeling tired or otherwise exhausted.

A Crescent City, Florida man was tragically killed after he was struck by a car while crossing U.S. 17. 47-year-old Ray Gene Blair was pronounced dead at the scene, the Florida Highway Patrol reported. The driver of the vehicle, 47-year-old Elia Hernandez, also of Crescent City, was traveling southbound around 9:30 p.m. when her automobile hit Blair. There was an unidentified passenger in Hernandez's car. No one else was reportedly injured. For more read Crescent City, Florida, man killed while crossing U.S. 17.

The death of this man is a tragedy for his family and community. Florida law requires all drivers to exercise due caution when encountering pedestrians. If you would like to read the Florida statute establishing the affirmative duty among Florida drivers to exercise due caution please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.