North Florida Injury Lawyer Blog

In Florida, motorcyclists / bikers are the unfortunate victims of motorcycle accident/automobile accidents. When a motorcyclist is injured due to negligence or fault of another driver, the personal injuries can be quite serious and in some accidents even fatal. A Florida motorcyclist has a right to operate his motorcycle on Florida roadways. Unfortunately, motorcyclists lose their lives every year due to driver distraction, speed of the other vehicles, violation of track traffic signals and devices, and other unsafe driving. When a motorcyclist loses his or her life in the State of Florida, the family of the motorcyclist have a right to bring what is called Florida Wrongful Death Case.

The Florida Wrongful Death Case is subject to Florida statutes and related laws. The following individuals may be over to collect damages for their pain, suffering, loss of services, and related damages.

Surviving Spouse. The surviving spouse of a deceased motorcyclist can stake a claim for his or her damages associated with the death of the motorcyclist. In considering the damages to the surviving spouse, a Judge or Jurywill consider the joint light expectancy. In other words, the court will consider the number of years that the motorcyclist and surviving spouse would have lived together if the accident never took place. For instance, let's assume that the motorcyclist at the time of his death was 40 years old. The surviving spouse was 30 years old. It was expected that the motorcyclist had a life expectancy of 35 more years. The life expectancy of the surviving spouse was 45 years old. Because the motorcyclist and the surviving spouse would have lived together had the accident not occurred for 35 years that would be the number of years used in order to determine the damages are lost or sustained by the surviving spouse.

Minor Children. The surviving minor children of the motorcyclists are defined as children under the age of 25 years old. Like a surviving spouse, the Judge or jury will consider the joint life expectancy of the motorcyclist and the minor children.

Adult Children. The surviving adult children are defined as children 25 years of age and older. If there is no surviving spouse of a deceased motorcyclist, then adult children can also be awarded damages for their pain and suffering.

Parents. If the motorcyclist was under the age of 25, then parents of the deceased motorcyclist can also pursue a claim for their pain suffering and related damages. Ff the deceased motorcyclist was over the age of 25 and was not survived by a surviving spouse or minor children, then the parents of the adult child who died in the motorcycle accident will have a claim for damages.

See Section 768.21, Florida Statutes - Florida Wrongful Death - Damages.

Florida's Wrongful Death Act and related laws can be quite confusing and complicated to the average person. Because of this, is important to contact a Florida Motorcycle Accident Attorney for advice, consultation, and representation regarding a Florida motorcycle accident. Wrongful death cases are typically handled on a contingency basis which means that the attorney will not collect attorney fees or costs unless there is a financial recovery for the family. In addition cases of this nature typically qualify for a free consultation. It is important that family members of the deceased Florida motorcyclist obtain legal advice and understand their respective rights when a family member dies as a result of the negligence or fault of another driver.

Can I still pursue a personal injury case if I tell the police officer that I was not hurt or injured at an accident scene in Florida? In most Florida automobile accident cases, the local sheriff, police department and/or the Florida Highway Patrol are called to the scene of the accident. The responding officer will assess the accident scene and take statements from the drivers and witnesses. One such question that is asked by the police officer is: Were you hurt or injured as a result of the accident? If a person responds no and declines any help, assistance, or evaluation from fire rescue or a local emergency room, does the person waive legal rights to pursue a claim for personal injury? The simple answer this question is "No". Often times, a person, in a traumatic Florida automobile accident, does not realize or appreciate the injuries that he or she may have sustained as a result of the accident. Furthermore, with many neck, back, and / or extremity injuries, the signs and symptoms of, often times do not appear until a period time after the accident. Perhaps, the signs and symptoms show up that night or the following morning. In Florida, there is a four-year statute of limitations in order to file a lawsuit for most personal injury cases involving an automobile accident.

Once a person realizes or feels the effects of the personal injuries from an automobile accident, from a practical and medical standpoint, immediate medical care should be obtained from an emergency room, urgent care center, or other medical provider. Insurance companies will question or closely evaluate a claim that does not result in immediate medical care. However, many claims and cases are settled or result in a significant jury verdict even when the person does not complain of pain in the accident scene immediately.

It is important when a person is a victim of an automobile accident case to seek legal advice, consultation, and representation by qualified Florida Personal Injury Attorney. An injury victim can get advice and an explanation of the applicable Florida law that relate to the Florida automobile accident and compensation for the personal injuries resulting from the accident.

Wood, Atter & Wolf, P.A. is a law firm based in Jacksonville in Ponte Vedra Beach Florida that has represented injury victims since 1957. The attorneys and staff at Wood, Atter & Wolf, P.A. are very familiar with the applicable Florida laws as well as the practicalities involved in a Florida automobile accident case. The Wood, Atter & Wolf, P.A. website has several articles and sections that pertain to Florida automobile accident case. See Florida Traffic Rules, Statutes and Regulations - Frequently Asked Questions. If the case or automobile accident involves injuries to a minor child, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment - Medical Bills, and other topics. This book can be obtained for free at The ABCs of Child Injury.

Florida car accident should I treat under my health insurance for my automobile insurance? When a person is injured as a result of an automobile accident in the state of Florida they're often questioned as to how medical bills will be good. Will it be paid through the injury victim's automobile insurance or health insurance? In Florida, automobile insurance policies are required to have PIP otherwise known as Personal Injury Protection on the insurance policy. When a person is a victim in a Florida automobile accident and suffers personal injuries, Florida law provides that PIP coverage is primary to other forms of insurance. In other words, a person should first use their PIP coverage and then use the health insurance or other forms of insurance for additional insurance coverage or payment of medical bills. Personal Injury Protection (PIP) coverage typically will pay 80% of the medical bills submitted better reasonably related to an automobile accident. Because the laws and forms of insurance can be quite complicated, it makes sense for a person involved in a Florida automobile accident to retain the services of a Florida personal injury attorney for advice, consultation, and legal representation. It should be noted that not all Florida medical providers accept PIP insurance as a payment form for services provided. Because of this, it is even more in court to consult with a personal injury attorney to find out which doctors in the community accept PIP payments and which doctors are experienced in treating traumatic injuries associated with an automobile accident. For more information regarding automobile accident cases and claims in the State of Florida see Florida Automobile Accident. See also Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, passengers are the unfortunate victims of automobile accidents. Some suffer very serious personal injuries due to the negligence of one or more drivers. When a passenger suffers personal injuries in a Florida automobile accident, the passenger has the legal right to the person or persons at fault for the accident. Furthermore, the passenger has the legal right to pursue the owner of any vehicle in which the driver was wholly or partially at fault for the automobile accident. Florida is a comparative fault state. In other words, the fault or liability for an automobile accident can be apportioned or assessed against more than one driver depending on the facts and circumstances of the accident. Whether one or more than one driver is at fault, the passenger typically bears no fault or responsibility for the automobile accident.

When a passenger is injured in an automobile accident, it is important to for the passenger and his or her family to know what legal rights the injured passenger has to compensation, damages, and insurance benefits. A claim or case may be pursued against the driver of the vehicle occupied by the passenger if that driver was liable or at fault in whole or part for the automobile accident. Cases and claims can be complicated as to coverage especially when the vehicle is driven by a parent or household family member. When a person is injured in a Florida Automobile Accident, it is often times helpful and important for the injury victim to retain the services of a Florida Automobile Accident Attorney for advice, consultation, and legal representation. These claims or cases are handled on a contingency basis. In other words, if there is no financial recovery of money, there will be no costs or attorney fees assessed to the client from the law firm. Wood, Atter & Wolf, P.A. is a Florida law firm that has been representing personal injury automobile accident victims since 1957.

Florida roads and highways are often the sites of tragic automobile accidents. One such automobile accident was reported in Duval County, Florida. It was reported by the Jacksonville Times Union that a driver of a Toyota vehicle pulled into the path of a semi truck. The driver and two passengers in the Toyota died as a result of this Florida automobile / trucking accident. Since this Florida accident resulted in deaths, the Florida Highway Patrol will be conducting a homicide investigation to determine the cause and preventability of this tragic automobile / trucking accident. The deaths of the people in the Toyota will certainly be a great loss for their families, neighborhoods, and communities. See Tragic Automobile / Trucking Accident Reported in Maxville Florida.

This is a question that is often posed by injury victims who have been in a Florida automobile accident. When a person is injured in an automobile accident, the injury victim may qualify for benefits under an automobile insurance policy held by the injury victim or a resident family member. Not all that all medical providers in the State of Florida accept PIP benefits under an automobile insurance policy. In fact, more medical providers do not accept such payments as compared to the medical providers that do. Currently, there is no list online or through an automobile insurance policy or otherwise that provide the names of the medical providers in a particular community that accept personal injury protection benefits for an automobile accident. How I do I find out if a particular medical provider accepts PIP benefits? This is another good question. There are several ways in which you can make this determination. You can contact the medical provider directly and ask the assistant or the office manager if the PIP benefits are accepted for payment. You can also ask a friend who may have been in an automobile accident where he or she got treatment and if the benefits are accepted by the medical provider. Alternatively, you can contact a Florida personal injury attorney for help and guidance regarding medical providers in the community that accept PIP and treat automobile accident victims.

Florida automobile Insurance policies, laws, and especially PIP benefits and provisions can be quite confusing to the typical person. Because of this is an important to contact me Florida automobile accident attorney for consultation, advice, and legal representation when there is a Florida automobile accident. A Florida personal injury attorney can let you know what resources and medical providers are available in the community that will treat a patient under PIP and Med Pay benefits. There is no legal requirement that any particular medical provider accept automobile insurance benefits to treat a patient. In fact, some medical providers have made a business decision to specifically reject or not accept benefits under the PIP policy. Some of these medical providers may believe that the type of work is beneath them or simply a hassle especially if litigation made may result. Other medical providers who accept PIP benefits are more understanding and except accept this form payment with the knowledge that the person needs the medical care and has no other source of payment. There may be no other benefits available, and, yes, litigation may result in the future. Furthermore, some medical providers including orthopedists, neurologists, therapists, and chiropractors are just more comfortable treating automobile accident victims then others.

It is important when there is an automobile accident to understand your legal rights and the available insurance benefits. The automobile accident attorneys at Wood, Atter & Wolf, P.A. have been representing automobile injury victims in the State of Florida since 1957. The firm's motto - On Your Side - At Your Side - certainly applies to automobile accident cases. We are On Your Side - At Your Side - for legal advice and representation when you are a victim in a Florida automobile accident.

This is a question that is posed by many automobile accident clients who are in need of compensation for damages related to personal injury suffered in a Florida automobile accident. Like many legal and insurance questions, the answer is - "it depends". For most cases, a client typically will treat until the point of maximum medical improvement otherwise known as MMI. This is the point in the medical treatment in which the main treating doctors believe that the patient or the client has reached or plateaued with respect to his or her medical care. Even with further care and treatment, it is not expected that the patient will have any significant change in his or her medical condition unless there is a surgery or other invasive procedure if it is recommended by the doctor.

For some clients, an earlier demand, prior to MMI may be able to be pursued if the medical treatment and damages clearly warrant an early demand of the insurance limits or a portion of the insurance limits prior to the time of reaching MMI. The decision as to when to send out a demand or request a certain amount of payment on a Florida automobile accident personal injury case should be left to the personal injury attorney after after having a discussion with the client. Of course, the client has the ability to give directions and requests to the attorney but it typically is more prudent for the the client to follow the lead and direction of the attorney who has years of experience in handling Florida personal injury cases.

The timing of a demand should not be confused with other timing elements of a case. For instance, the statute of limitations refers to the time period in which a lawsuit must be filed before legal rights are waived regarding a particular automobile accident or other type of incident causing injuries. For most injury cases other than wrongful death and medical malpractice, the applicable statute of limitations is 4 years from the time of the accident. When a lawsuit is filed, there are other timing requirements and deadlines that are set forth by the Court or the Judge assigned to the case.

In Jacksonville, Florida, automobile accidents are recently reported and seen throughout the community. Jacksonville is known as the largest city in the United States from a land mass standpoint. There are highways, expressways, bridges, and other roads that are loaded with traffic. Because of the size and type of roadways throughout the community, automobile and trucking accidents are recently reports. Many of which result in serious personal injuries and some even result in the death of drivers, passengers, pedestrians, motorcyclists, bicyclists, and others. A serious automobile accident was recently reported by the Jacksonville Time Union on Mayport Road. It was reported that a woman suffered serious personal injuries that resulted when the truck (Ford Ranger) that she was occupying hit a light pole at Mayport Road and the Wonderwood Expressway. The injuries were reported as light threatening. Due to the circumstances of the accident and the severity of the injuries, the Jacksonville Sheriff's Office (JSO) will conduct an investigation to determine the cause and preventability of this automobile accident.

When a person suffers injuries as a result of a Florida automobile accident, there are often many issues and challenges faced by the injury victim. Where should I go for medical treatment? Who is responsible for my medical bills? What automobile insurance coverage is available for my injuries and medical bills? Do I have a legal case to pursue for my personal injuries? These are all excellent questions. Unfortunately, many automobile accidents in Jacksonville, Florida result in life changing injuries. When a person is injured as a result of the negligence or fault of another person, there may be legal remedies and compensation available to the automobile accident victim. Often times, it is helpful to consult with and hire a Florida personal injury attorney to get legal advice regarding liability, automobile insurance, rights of reimbursement, rights to compensation, medical bills, medical treatment and other matters. Wood, Atter & Wolf provides its injury clients and potential clients with a Free Consultation on all injury matters. If the case is accepted by the Jacksonville Florida law firm, then the case is handled on a contingency attorney fee basis (i.e. No Recovery - No Fees). It does not costs any money up front to hire the services of an experienced attorney to assist you or a family member with the Florida personal injury case or claim. At Wood, Atter & Wolf, we have been On Your Side - At Your Side for injury clients since 1957.

How long will it take to settle my personal injury case followed an automobile accident? The answer to this question like many legal questions is "it depends". Some automobile accident claims are settled soon after the accident when the injuries are very clear and the insurance limits are low. In most instances, it will take some time for the doctors to properly evaluate, diagnose, and treat the injury victim for a automobile accident related injury. It is not uncommon to have a patient or client treat for three months to six months following an automobile accident. In some cases, the treatment is even longer when the injury victim has ongoing symptoms including pain, discomfort, and loss of range of motion. Treatment can also be extended when a person requires a evaluation and care from a specialist like a neurologist, orthopedic surgeon, pain management doctor, and neurosurgeon. It is important for a person to have medical treatment and order address the injuries and complications brought on by an automobile accident. In most personal injury cases, the Florida personal injury attorney will wait until a person reaches and MMI which refers to at Maximum Medical Improvement. It is at this point in time that the doctors are able to summarize the care and treatment and also issue a final report as to permanent impairment when applicable. Generally speaking, it will take 3 to 6 months for most simple cases. It will take six months to a year I cases involving more extended medical care and treatment. And it will take one year to two years or longer if litigation is required in order to pursue or collect damages for compensation for accident related. Along the way, it is important for a person to have the advice consultation a representation of a Florida personal injury attorney to guide the person through the claims process and, when necessary the litigation process.

In Lee County, Alabama, an elderly couple (A.C. Jordan and Eunice Jordan) tragically lost their lives in a horrible accident that took place on New Years Eve. It was reported that the Jordans were travelling in a Lexus sedan that either had stopped or slowed down for some reason. A driver in a Ford Taurus vehicle rear ended the Lexus. Thereafter, the Jordans got out of their vehicle to inspect the damage. Then, a Ford pick up truck crashed into the Jordans and the Lexus. It was a very sad and tragic end to New Years Eve for the Jordans. These deaths amount to a great loss for the family, neighborhood, and the community of Live Oak, Florida where the Jordans resided.

Automobile accidents take place at all times of the day and night. Some are avoidable and some are not. Since traffic is unpredictable, it is important for all drivers to maintain look out and drive with the utmost of caution.

When a death takes place, there can be rights and remedies to the surviving family members depending on the facts and circumstances of the accident and the laws in place that pertain to the automobile accident. For more information regarding this accident see Elderly couple killed instantly on Highway 280 in Smiths Station.

Do I automatically win my Florida personal injury case if the other person gets the traffic citation from the police officer? The simple answer to this question is "No". A person does not automatically win his or her Florida personal injury case just because the other person received the citation following the Florida automobile accident. In Florida, a police report is generally inadmissible a civil lawsuit for the personal injuries against the driver listed in the accident report.

What is the reasoning behind this Florida law? If the accident report is admissible, then the decision or the factual resolution of a matter would be left to the police officer. In most automobile accident cases, the police officer does not personally witness the accident as it takes place. The police officer shows up after the accident already happened. Upon arrival, the police officer takes statements and assesses the accident scene. Then, the police officer makes an assessment as to fault or violation of Florida Traffic Rules and Regulations.

While the police officer has the power and duty to issue traffic citations, the police officer does not have the power or ability to determine the course of an insurance claim, civil claim, or civil lawsuit regarding the automobile accident. Even though the Florida accident report is not admissible in a civil case in most instances, the insurance company and parties will consider the conclusions and findings of a police officer in the police report in assessing the strengths and weaknesses of their particular part of the case. It is typically better for an automobile accident injury victim to have the other party issued the citation.

Florida laws are not always fair, reasonable or logical. Because the laws can be confusing and an accident victim can benefit from the services of an attorney, an injury victim should contact a Florida Automobile Accident attorney for advice, consultation and representation when pursuing a claim for damages / compensations related to a Florida Automobile Accident.

Most Florida traffic citations are issued pursuant to Chapter 316, Florida Statutes. You can read about these statutes at Florida Traffic Statutes, Rules and Regulations.

What is uninsured / underinsured motorist coverage under a Florida automobile insurance policy? Uninsured / Underinsured motorist coverage is commonly referred to as UM automobile insurance coverage. UM coverage provides for compensation to a covered person when a Florida automobile accident is caused by a person who does not have bodily injury insurance coverage for a person. Alternatively, UM coverage provides for compensation when the at fault driver / at fault owner has bodily injury insurance coverage but the amount of coverage is insufficient to fully compensate the injury victim for his or her damages / personal injuries.

Prior to instituting and pursuing a claim under the UM portion of an automobile insurance policy, the injured person, through his or her Florida personal injury attorney, must first determine the extent of bodily injury coverage (if any) held on behalf of the at fault driver or the at fault owner. If there is bodily injury insurance coverage, a claim typically must be pursued and completed prior to collecting or obtaining compensation through a Florida UM insurance policy.

If the at fault driver or at fault owner does not have bodily injury insurance coverage, the injury victim, through the Florida personal injury attorney, typically must provide documentation that there is no coverage. In other words, there must be documentation in the form a letter or insurance declaration page showing that there is no bodily injury coverage. In Florida, the only coverage that is required on a motor vehicle is Personal Injury Protection (PIP) and Property Damage (PD). Bodily Injury coverage is optional. Therefore, there are no violations of Florida insurance laws if a person fails to have bodily injury insurance coverage. Because of this, many drivers and vehicle owners (in order to save money) decline to get the optional insurance coverage known as bodily injury insurance coverage.

An example of help illustrate how you UM insurance works. Let's say a person is in an automobile accident and fractures his arm that requires a surgery at a local hospital. The medical bills alone for the fractured arm and related surgery are in excess of $40,000. The at fault driver has a bodily injury insurance policy in the amount in the amount of $10,000 with XYZ insurance company. The injury victim maintained an insurance policy with XYZ company and has uninsured or underinsured motorist coverage in the amount of $50,000. Due to the extent of the personal injuries and related medical bills / expenses for this particular accident, the bodily injury insurance company should pay out policy limits of $10,000. Seeing that the injuries are worth well in excess of the $10,000, the injury victim can also pursue a claim against his underinsured motorist carrier for its policy limits of $50,000. The injuries and related damages of this case example are worth more than the $10,000 bodily injury insurance and also are worth more than the 50,000 in UM coverage. The UM carrier should pay its policy limits of $50,000. However, insurance companies do not always act reasonably, timely, or fairly. Because of the challenges and "red tape" of dealing with the typical insurance claim, it is often times helpful to have representation and advice from a Florida Personal Injury Attorney to make sure that your rights are protected and enforced to the full extent of Florida law.

Is a seatbelt required under Florida law? The simple answer to this question is "Yes". The requirement of seat belts is governed by Section 316.614, Florida Statutes. This Florida Statute provides that it is unlawful in the State of Florida to operate a motor vehicle unless each passenger and the operator of the motor vehicle are restrained by a safety belt. The statute further provides that any person 18 years of age or older in the front passenger seat of a motor vehicle must wear a seat belt / safety belt. There are several exceptions or exemptions to the seat belt / safety belt rule which a bus used for transportation of persons for compensation, a farm tractor, a truck having a gross weight rating of more than 26,000 pounds, and a motorcycle / moped / bicycle. See also Florida Automobile Accidents.

Florida law requires that the driver in front seat passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear a seat belt can lead to the issuance of a citation and a legal defense if a civil case is pursued. The seat belt defense argument is valid only if a seat belt was operational, available for use, and would have likely prevented the personal injuries or, at least, reduced the severity of the personal injuries.

As noted in North America v. Paskarnis, 451 So.2d 447 (Fla. 1984, the Florida Supreme Court ruled that the Defendant in a Florida Automobile Accident case has the burden of proof and pleading that the plaintiff (injury victim) did not use an operational seat belt / safety belt. Furthermore, the Defendant must prove that the failure to use the operational seat belt was unreasonable under the circumstances and that there was a casual relationship between the personal injuries sustained and the victim's failure to wear a seat belt. If the Defendant fails to meet this burden, the failure to use a seat belt cannot serve as a defense, excuse or mitigation of the personal injuries and damages claimed due to the automobile accident.

When will I get paid for my medical bills, lost wages, property damage, and pain and suffering from a Florida Automobile Accident case? When a person is injured and otherwise suffers damages in an automobile accident case, there are are often questions involving the timing and amount of payment for the injuries and damages sustained in a automobile accident case. When will the medical bills paid? In an automobile accident claim, medical bills are typically processed or paid through PIP or Personal Injury Protection. Once the medical bills are properly submitted to the PIP carrier, the bills are paid within 30 days. However it should be pointed out that PIP ordinarily covers 80% of the medical bill. The remaining 20% of the bill that is not paid by PIP may be paid by medical / health insurance coverage. Depending on the medical provider the 20% that is not paid by PIP may be held as a balance pending the resolution of the personal injury claim. Some medical providers will require the payment of the 20% immediately or soon after the medical care is rendered. Because there are a number of Florida medical providers who accept PIP payments, a person of may be able to switch doctors if the person cannot afford to pay the 20% demanded by the medical provider. Most doctors who accept PIP payments will wait till the automobile liability claim or lawsuit is resolved in order to collect the 20% that is not paid up front by PIP.

Wage loss can be also be processed through PIP. PIP will pay 60% of the persons wage loss. The PIP insurance adjuster has 30 days to reimburse an injury victim for wage loss after the proper documentation is submitted to the insurance company. Typically, the PIP adjuster will require a wage history and physician statement or note as to the inability to work before processing the wage loss claim.

In many automobile accident and motorcycle accident cases, the PIP is exhausted or the PIP runs out before all medical bills and / or wage loss claims are paid. Most PIP policies provide for a cap of $10,000 for medical bills and wage loss combined. In other words, there is a total of $10,000 to cover medical bills and / or wage loss.

PIP coverage does provide for payment in a piece mail basis. In other words, medical bills and wage loss claims are processed and claimed in separate payments over time. Once proper documentation is submitted, the PIP carrier has 30 days to pay the claims.

While PIP does provide payment for medical bills and wage loss, there is typically a financial strain put on the injury victim. Because of the damages and losses caused by an automobile accident, PIP coverage is typically insufficient to fully and adequately compensate the injury victim. Because of this, the injury victim should seek compensation from additional sources of payment which may include bodily injury insurance coverage and Uninsured / Underinsured Motorist coverage (UM coverage).

Where should I get my automobile insurance? This is an excellent question and one that is often posed to me as an attorney who handles automobile insurance claims on a daily basis. There are many choices out there for automobile insurance. Some people select a company that the family has used for years. Others go with an insurance company that has clever advertisements and slogans. Whatever insurance you purchase, make sure that you know what kind of coverage is available and what kind of coverage you have. Do your homework and shop around for a competitive rate. Brightway Insurance is based in Jacksonville Florida and has offices throughout the State of Florida. Brightway Insurance agents are licensed to issue insurance policies for a variety of top rated companies. Daniel Miller is a Brightway agent with an office in Jacksonville, Florida. He works with individuals, family, and businesses throughout the State of Florida. You can read more about his agency at Jacksonville Brightway Agent. Whether you get a policy with Brightway or another agent, it is important to be covered and insured in the unfortunate circumstance that there is a Florida automobile accident.

Is my personal injury settlement taxable? In Florida when a person settles a Florida personal injury case, the proceeds from the settlement typically are not taxable for purposes of income tax. The net proceeds from the settlement are not taxable is because the settlement is considered a casualty loss. In other words, the a personal injury settlement is generally not considered to be revenue, income, or profit by any means. In some cases, it may be helpful to discuss the taxable consequences of a personal injury settlement with a CPA certified public accountant or a tax attorney with there are high dollars involved and the replacement of income may be part of the settlement. However in most injury cases the conventional wisdom is that the net proceeds from a personal injury settlement are not taxable.

There can be many challenges and complexities to an automobile accident claim or case in the State of Florida. Because of this, an injury victim will be well served to consult with and hire a Florida personal injury attorney on the case.

Am I entitled to pain and suffering compensation when I am injured in a Florida automobile accident? The answer to this question, like many legal questions, is "it depends". In Florida, there is a specific statute in place that addresses the issue of pain and suffering type of damages for injuries sustained in an automobile accident. When a person is injured in an automobile accident, a person can pursue a claim or case for pain and suffering type of damages if if the person suffers a permanent injury, disfigurement, and or scarring. See Section 627.737, Florida Statutes. The legal requirements for the entitlement to pain and suffering related damages are part of Florida's No-Fault Law. Many people injured in an automobile accident believe that there should be automatic compensation for the pain, suffering, loss of enjoyment of life, and inconvenience associated with an injury even if the injury only requires a brief admission to the emergency room and no further treatment. Unfortunately, Florida law is not dictated by common sense or fairness in all of its provisions. Because of the special provisions and laws associated with an automobile accident case, it is important for a person to consult with the Florida automobile accident attorney regarding issues like pain and suffering related damages. Who determines if a person suffers a permanent injury? Typically, the treating physician or medical provider makes a determination as to whether a person suffered a permanent injury as a result of an automobile accident. Permanent injury does not necessarily mean that a person is unable to work, unable to function, unable to walk, and / or unable to perform activities of daily living. Permanent injury merely means that a person has suffered a personal injury that is not resolved over time or with medical treatment and according to a medical provider will affect a person for the rest of the person's lifetime. The AMA American Medical Association has a guidebook to impairment that doctors can utilize to determine if a person has suffered a permanent injury / impairment and the extent of the impairment or percentage of the theremin associated with the injury. It is important for a medical doctor providing care to an automobile accident injury victim to have knowledge of the AMA guidelines to be able to perform the evaluation and assessment as to whether a person is suffered a permanent injury.

When a person is involved in an automobile accident, insurance companies often times act quickly to obtain a statement and attempt to resolve the claim with the injured person. A small settlement is offered by the insurance company and a written release is submitted to the injury victim. Many injury victims unknowingly sign away their legal rights when they accept the small settlement and execute the release. Under Florida law, written release can effectively waive the legal rights of an injured person to receive additional compensation for automobile accident related injuries and damages. Many accident victim's have "buyers remorse" or regret after signing a release because their personal injuries turn out to be more serious than originally contemplated. After signing a release, if a person then seeks to obtain additional compensation from an insurance company, the insurance company will produce release and deny the request for further payment. Again, the signing or execution of her release can effectively waive a person legal rights, it is important to discuss the injury case with a Florida personal injury attorney before signing the release in before accepting any money for injuries from the automobile insurance company.

How much is my personal injury case work? This question is often posed to me as a Florida personal injury attorney by a client who has been injured in an automobile accident. At the beginning of most cases, it is difficult to estimate the value or even a value range for a personal injury case. The value of a personal injury case including an automobile accident case depends on a number of factors including the following: the amount of bodily injury insurance coverage, the amount of uninsured or underinsured motorist coverage, the availability of PIP (Personal Injury Protection) and Med Pay (Medical Payment) insurance coverage, the availability of health insurance, the total amount of past medical bills, the total amount of future medical bills, the total amount of past wage loss, the total amount of future wage loss, the loss of earning capacity, best pain and suffering, future pain and suffering, and the loss of enjoyment of life. With pursuing an injury claim, the value of a case increases with the severity of the injuries and extent of the medical treatment. For instance if a person has limited care and limited diagnostic testing and findings, the case may have a low value. On the other hand, if a case involves positive diagnostic testing, pain management, and the need for surgery, the case will have a significant value. Of course, there are many different types of cases out there and each case should be evaluated on its own merits. Since there are so many variables that can be utilized to value a case, it is important to hire a Florida personal injury attorney for advice, consultation, and representation. See Florida Automobile Accident Attorney.

Are There Time Limits Apply to a Florida Automobile Accident Case? The simple answer is "Yes". One time limit is referred to as the "Statute of Limitations" in Florida. There is a four-year statute of limitations to bring an action against a person or company at fault for injuries sustained as a result of an automobile accident. In cases against the uninsured or underinsured motorist carrier in Florida, the statute of limitations is typically five years from the date of the accident. The Statute of Limitations refers to the time limit that a lawsuit needs to be filed. The failure to file a timely lawsuit within the proscribed time limits may result in the waiver of important legal right. There are also time limits that apply to the reporting of claims to an insurance company if a person is involved in an automobile accident. Most insurance companies require an insured person to timely report a claim or accident to the insurance company and otherwise cooperate with the investigation of the automobile insurance company. The failure to timely report an automobile accident to insurance company may result in the denial of coverage. When person is involved in an automobile accident and sustains personal injury, it is often times helpful to retain the services of a Florida personal to get advice and direction as to the injured person legal rights to damages and compensation. Insurance companies have adjusters to protect their interests. An injury victim should also have qualified legal representation to protect and enforce their rights to damages and compensation for personal injuries. See Florida Automobile Accident Injury Attorney.

Bodily injury insurance coverage is optional coverage under a Florida automobile accident insurance policy. Bodily injury insurance is sometimes referred to as liability insurance. In other words in order to qualify for payment or benefits under a bodily injury insurance insurance policy there must be fault or liability proved against the the policy owner or a driver covered under the policy. Bodily injury insurance policies covering Florida vehicles range in policy limit value from $10,000 to over $1 million. Because bodily injury insurance coverage is optional and there are varied amounts of coverage, it is impossible to tell how much coverage or the type of coverage under any particular policy without first obtaining a copy of the declaration page and the actual policy of insurance. If there is bodily injury insurance coverage and there is liability on the part of the policyholder, does this mean that the insurance company will automatically pay the bodily injury insurance limits to the injured person? The simple answer is "Not necessarily". For instance, let's say there's a $100,000 policy in place. The injured person suffered a neck sprain or strain and the x-rays and the MRI results did not show any injury to the disc. At all likelihood, the insurance company will not pay pay out the policy limits in that case. On the other hand, if the person sustaining neck or back injury and an MRI results showed a herniated disc and a subsequent surgery was performed. In the second scenario, it is likely that the automobile insurance company will pay out the $100,000 policy limits. Valuing a case and pursuing a claim against an insurance company can be quite complicated. Because of this, it is important to get advice, consultation, and representation from a Florida automobile accident attorney as to the available insurance coverage and valuation of the case or claim.

When a person suffers injuries in a Florida automobile accident, there is often times of a dilemma for the injury victim. When should I return to work? Can I perform the duties of my job? Am I at risk for losing my job? Can I afford to stay out at work? When is the doctor going to release me back to work? These are all excellent and important questions that often times arise following a Florida Automobile Accident.

As a practical matter, most families rely on the paycheck for the injured person in order to sustain the household finances and budget. Even one missed paycheck can cause a serious financial strain on a family. Because of these financial strains, many automobile accident victims have no choice to return to work even if the work itself causes further pain and suffering. When a person returns to work, it does not mean that the injured person no longer has pain or problems related to the automobile accident. Ideally, an injured person will only return to work when properly released by the doctor. Furthermore, the injured person should only return to work if the person is able to fully perform his or her work responsibilities without having to deal with ongoing symptoms and complications due to the accident related injuries. What is ideal is not always so practical. Because of this, many injury victims work through the pain and do their best to hold onto their job and income despite the hurdles and challenges presented by the automobile accident related injuries.

It is possible to collect lost wages resulting from an automobile accident. However some policies like PIP policies do not pay 100% of wage loss. PIP policies pay 60% wage loss. With respective wage loss that is not covered by PHP, an injury victim can seek to obtain compensation through the bodily injury insurance policy or the uninsured motorist policy. Unfortunately, a person must wait for a settlement in order obtain compensation from these policies. Wage loss is just one of many topics that an automobile accident injury victim can discuss with a Florida personal injury attorney.

An injury victim of a Florida automobile accident will need medical treatment in order to evaluate, diagnose, and treat automobile accident personal injuries related damages. Typically, there are various medical providers in each community who are willing and able to provide medical treatment to injury victims in an automobile accident. There are also many medical providers who avoid these kind of patients because the medical provider does not accept PIP or Med Pay automobile insurance as payment. Furthermore, these medical providers typically do not want to get involve with medical care that may involve subsequent litigation. If a person has PIP (personal injury protection) insurance, there are typically a number of doctors who will accept this type of insurance as payment for ongoing treatment for injuries related to an automobile insurance company The type of medical providers who accept this form of payment in the community may include chiropractors, physical therapists, occupational therapists, massage therapists, neurologists, pain management doctors, medical doctors, orthopedic surgeons, neurosurgeons, family practice doctors, and physical medicine doctors. It is important for the medical providers to understand the necessary documentation and codes in payment schedules. In addition to PIP insurance, the medical provider may also be able to obtain payment through Medical Payment (otherwise known as Med Pay) type of automobile insurance coverage. If health insurance is available, the medical provider may accept health insurance for the medical care that is not covered by PIP or Med Pay insurance coverage. Finally, a medical provider may choose to provide treatment on what is normally called a Letter of Protection (LOP) or promise to pay.

It is typically a business and philosophical decision as to whether a medical provider will render care for an automobile insurance personal injury victim. The type of treatment provided and testing ordered should be left to the doctor within his or her discretion. A Florida personal injury lawyer can advise a client as to his or her legal rights, the value of the case, the available insurance policy limits, and the documentation that helps support the a claim or case for compensation for injuries and related damages.

Following a Florida automobile accident, an injury victim often times incurs significant bills, economic losses, and personal injuries. If a person is injured as a result of the negligence of another driver, damages and compensation can be pursed by the injury victim. These damages include the following past medical bills, future medical bills, past wage loss, future wage loss, past pain and suffering, future pain and suffering, and loss of earning capacity. Insurance may compensate an injury victim for these damages but the amount of compensation available and payable will depend on the insurance and type of damages involved. With respect to medical bills, these expenses are are typically paid by the injury victim's automobile insurance policy through the Personal Injury Protection (PIP) and / or the Medical Payment (Med Pay) portion of policy. When bills are submitted, the insurance company has 30 days to pay the bills. In Florida, PIP typically pay 80% of the submitted bill. Wage loss can also be processed through the PIP portion policy under the injury victim's policy. With respect to with respect to wage loss, PIP will typically pay 60% of the submitted wage loss claim. Other damages unfortunately are not paid on a piecemeal basis. For instance, pain and suffering and loss of enjoyment of life type of damages are typically only paid in a one time payment or settlement. Pain and suffering and loss of enjoyment of life damages are also referred to as non-economic damages. These type of damages are less exact than the economic damages like medical bills and wage loss. The Florida Statutes require that a person have a permanent injury and or significant significant scarring in order in order to recover non-economic damages. Damages can come in different forms and can sometimes be difficult to determine to estimate or value. It is often times helpful to have the assistance, advice, and representation of a Florida personal injury attorney in order to guide the person through the insurance issues, legal rights, and damages related to an automobile accident. See also Florida Automobile Accident Claims.

When should a lawsuit filed in an automobile accident case in the State of Florida? Because of the complexities of Florida's automobile negligence laws and insurance regulations, it is often times helpful to have the assistance of a Florida personal injury attorney when dealing with these issues and decisions. Should a lawsuit be filed immediately after an automobile accident? Typically, a lawsuit is not filed immediately following an automobile accident. In most automobile accident insurance cases or claims, it will take time to determine the extent of damages, necessary medical treatment, wage loss, and the extent of medical treatment needed for the automobile accident related injuries. It is also helpful to know in advance prior to filing a lawsuit the extent of automobile automobile accident liability insurance that may be available to compensate the injury victim for his or her past medical bills, future medical bills, past pain and suffering, future pain and suffering, past wage loss, and future wage loss. When the medical bills, records and related documentation are obtained on a particular accident case, a Florida personal injury attorney can better evaluate the extent of damages and the available automobile insurance coverage to make a determination as as to the proper course of action. In most automobile accident insurance cases, a pre-suit demand is sent to the automobile insurance carrier in order to attempt a pre-suit settlement for the client. Many cases are settled before a lawsuit is filed. However, some claims are not settled if the settlement offer is not sufficient to fairly compensate the injury victim. Under those circumstances (and assuming there is sufficient insurance), a lawsuit should be filed to enforce the legal rights to compensation of the injury victim. It can be a difficult decision to make between accepting the settlement offer and proceeding forward with a lawsuit and related litigation.

Before any decisions are made as to a settlement offer, the injury victim should discuss the case / claim with a Florida personal injury attorney. No releases should be signed until the injury victim is fully informed of the value of the case and legal rights to compensation. See Automobile Accident and Florida Accident Attorney.

Continue reading "When Should a Lawsuit Be Filed for an Automobile Accident in Florida?" »

In Florida, the at fault driver is legally responsible for the damages of the injury victim. In addition to the at fault driver, the owner of the vehicle is also liable to the injury victim under Florida law under the concept of the Dangerous Instrumentality Law. Florida law designated the use and operation of an automobile as a dangerous instrumentality. Therefore, under Florida law both the driver and the owner of the vehicle (even if the owner the vehicle was not present at the time of the automobile accident) are liable for the automobile accident automobile accident personal injuries and related damages. In addition to the owner and the driver the vehicle, an insurance company may be liable for payment of the damages related to an automobile accident to the injury. The automobile insurance company of the at fault driver / at fault owner cannot typically be sued directly for the accident related damages; however the automobile insurance company will be responsible to pay any settlement or judgment within the insurance policy limits. On the other hand. the uninsured or underinsured motorist insurance company of the injury victim or of the vehicle occupied by the injury victim can be sued directly for the accident related damages under certain circumstances. Automobile insurance laws and liability laws can be quite confusing and complicated. Because of this, it is important to consult with a Florida automobile accident as the issues related to liability (fault), damages, and insurance coverage.

In addition to the owner of the vehicle and the driver the vehicle, a company or business that employs a person acting within the course and scope of the employment can also be held liable for the injury victim's damages and losses. Under Florida law, there are also special provisions as to the liability of a parent when a teen under the age of 18 is negligent causes an accident. A parent who signs the parental consent form for a teen driver under the age 18 can be held liable regardless if the vehicle is owned by the parent or not.

In summary, there can be several persons / entities liable for the damages sustained by an injury victim when there is an automobile accident in the State of Florida. Depending on the facts and circumstances, the following may be liable for the injuries and / or responsible for payment of the damages sustained by the injury victim: at fault driver, at fault owner, parent of teen driver, employer of at fault driver, at fault driver's automobile insurance company, at fault owner's automobile insurance company, uninsured / underinsured insurance company for the vehicle occupied by the injury victim, and / or uninsured / underinsured insurance company for the vehicle owned by the injury victim. See also Florida Automobile Accident.

Continue reading "Who is Liable for Personal Injuries and Related Damages Caused by an Automobile Accident in Florida? " »

Is a parent liable for the negligent driving of a teenage child under the age of 18? This is an important legal issue that often times arises subsequent to a Florida automobile accident. The answer to the question is "it depends". In Florida, a parent is not automatically liable for the negligent acts of the child. It all depends on the facts and circumstances and the type of negligence involved. With respect to an automobile accident, a parent may be liable for the negligent acts of teenage child under the age of 18 if the parent signed the parent consent form for a child to operate a motor vehicle State of Florida. Florida law requires one parent to sign a parent consent form for any child to operate a motor vehicle State of Florida who is under the age of 18. Without this signed consent on file with the Florida Department of Highway Safety and Motor Vehicles, a child is not permitted to drive a motor vehicle in the state of Florida. Typically, the parent consent form is signed by the parent at the time that the teenage child obtain his or her learners permit or learners drivers license at the age of 15. The parent consent form is valid unless revoked in writing. The consent form forms the basis for liability to a parent for the negligent driving a teen driver from the age of 15 until the child's 18th birthday. It is important for parents to make sure that their children drive in a safe manner in pay close attention to traffic control devices, speed limits, road conditions, weather, and traffic.

In the State of Florida, there are specific rules, laws, statutes, and regulations regarding the payment of medical bills and medical treatment when a person is injured in an automobile accident. PIP stands for Personal Injury Protection and it provides for payment of medical treatment when a person is injured as a result of the automobile accident in the State of Florida. PIP is part of what is termed the "No-Fault" law in the State of Florida. In other words, PIP applies regardless of fault in an automobile accident. For instance, if a person as a result of a rear end automobile accident and the person suffers personal injuries, the PIP under the injured person's insurance would pay for medical bills. Many people believe that the PIP system in Florida is unfair because the medical bills get processed under the injury victim's automobile insurance rather than the at fault person's automobile insurance. While it may seem unfair and does not make complete sense from a common sense viewpoint, the PIP laws and regulations are what they are. Due to the complexities and nuances of PIP and the related insurance regulations, requirements, and procedures under Florida law, it is helpful to have a Florida personal injury attorney advise, consult, and represent an injury victim on these and other matters related to a personal injury claim. See also Florida Automobile Accident.

Should photographs be taken at a Florida Automobile Accident scene? The simple answer to this question is "yes". In the State of Florida, there are no laws to prevent a person from taking photographs of an accident scene on public street or roadway. Often times, photographs of the accident scene will provide that information regarding the extent of property damages to the vehicles involved in the accident and they also provide documentation it may also provide information as to property damage I left on the roadway as well as skidmarks, roadside, and road conditions. Photographs can be taken with a digital camera, regular camera, or a smart phone like an iPhone or a droid. Videos can also be shot of the accident scene and videos may provide additional information that may be use to pursue the claimer case at a later date. It is important following the automobile accident, it is important at the photographs and/or videos taken are properly store or printed out for future use in reference. It is oftentimes helpful to have the assistance and Council of it for a personal injury attorney when dealing with the aftermath of an automobile accident. For more information regarding Florida automobile accident see Florida automobile accident and Florida automobile accident attorney.

When there is an automobile accident in Florida, it is important to know the various Florida traffic rules and regulations. See Florida Traffic Statutes and Regulations - Frequency Asked Questions.

What is full coverage in the State of Florida? Often-times, clients will report that they have full coverage automobile insurance in the State of Florida. There is really no such thing as "full coverage" automobile insurance in the State of Florida. Florida requires that a person have property damage coverage and PIP or Personal Injury Protection coverage. All other types of coverage are optional. In other words, to comply with Florida's minimum mandatory requirements, all a person is required to have under Florida law is PIP and property damage. The other types of insurance coverage available are optional. These include the following: medical payment coverage, collision coverage, bodily injury coverage, and uninsured or underinsured (UM) motorist coverage. In many instances, a person, who is in an automobile accident, does not understand or realize the extent of the available insurance coverage. When purchasing insurance, it is important for a person to make sure that there is a clear understanding of the amount type of coverage available. A Florida personal injury attorney can also advise a person as to what insurance coverages are available in the State of Florida and what is advisable as to the amount and type of automobile insurance coverage. Insurance coverages and contracts after an accident can be complicated and confusing. Dealing with an insurance company following an automobile accident can be also be complicated and confusing. Because of this, it is important to consult with a Florida personal injury attorney regarding insurance matters and coverage following in automobile accident. See also Florida Automobile Accident.

When person is involved in a Florida Automobile Accident, a question often time arises as to whether the person should provide a statement to insurance adjuster. Some statements to insurance adjusters are required under the written terms of the automobile insurance policy. And some are not. Whether a statement is required under Florida law / insurance regulations or not, it is always best to first consult with a Florida personal injury attorney before speaking with any insurance company regarding an automobile accident. Insurance adjusters are trained to collect information for an insurance company to process claims. It is also an insurance adjuster's job to withhold payment or refuse payment on expenses that the insurance company determines were not related to an automobile accident or that the adjuster determines were unreasonable. Often times, an automobile insurance company takes a position that is adverse to the interest of the injured person. Because of this, it is helpful for a person to have legal representation when dealing with an automobile insurance company regarding accident related personal injury. If a person is contacted by an insurance company before he or she is able to retain the services of a lawyer, it is advisable to write down the insurance adjuster's information and politely tell the insurance company to that you will call adjuster back at a later time. It is at this point in time that the person should contact a personal injury attorney for further instruction and advice. For more information regarding insurance claims in automobile accidents, see Florida automobile accident and Florida personal injury attorney.

In Florida and other States, driver distraction can come in many forms including reading while driving, texting, eating, e mailing, mobile phone usage, conversations, and behavioral issues with passengers. Whatever the cause - distracted driving can and does cause serious automobile accidents in the State of Florida. When a pedestrian is an unfortunate victim of distracted driving, the consequences can result in serious personal injurie, and, in some cases, death. The Florida Highway Patrol reported that a fatal automobie accident / pedestrian accident took place on Sesame Boulevard near 7 Wonder Trails. Josefina T. Reid was reportedly hit and killed by a distracted driver - Antonio Castanheira - who stated that he was distracted by his back seat passengers. See Palm Coast Pedestrian Struck by Distracted Drirver.

In Florida, it is important for drivers to proceed with the utmost caution and do their best to avoid incidents of distracted driving. Many accidents and tragic personal injuries and Florida automobile accidents resulting in pedestrian personal injuries can be avoided with more attentive driving. See Florida Traffic Rules. Regulations, and Statutes - Frequently Asked Questions.

An automobile accident in Marion County, Florida caused the death of Dr. William Canfield Evans, Jr. and injuries to a passenger. The unfortunate accident took place when Evans attempted a turn onto County Road 318 in front of a semi truck according to the Florida Highway Patrol. See Fatal Accident Reported in Marion County, Florida. Since a death resulted from this automobile accident, the Florida Highway Patrol and / or local law enforcement will complete a full investigation into the cause of the accident. The death of Dr. Evans, a longtime Florida resident, was certainly a tragic loss for his family, neighbors, and the community.

In Florida, drivers should drive with the utmost caution and pay attention to traffic and road conditions. See Florida Traffic Laws, Regulations, and Rules - Frequently Asked Questions. See also Florida Automobile Accident and Florida Trucking Accident for more information.

In Clermont, Florida and other cities, multi vehicle accidents can lead to serious personal injuries and in some automobile accidents - the death of a driver or passenger. One such accident was recently reported by the Florida Highway Patrol and the Orlando Sentinel. Kantilal Patel, a resident of Clermont, Florida, died as a result of this automobile accident. The accident started when a pick up truck driver crashed into vehicles stopped at a traffic light. See 78 Year Old Clermont Man Killed in a Chain Reaction Automobile Accident.

Many Florida automobile accidents can be avoided if drivers pay attention to traffic and road conditions. It is also important for drivers to obey or follow Florida traffic statutes and regulations. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

A fatal motor home - semi truck collision ( Florida trucking accident) was reported in Volusia County, Florida. The Florida Highway Patrol reported that Sandra Gentry was killed as a result of this Florida trucking accident / automobile accident. Like many accidents in the State of Florida, the crash took place on Interstate 95. Sandra Gentry was a passenger in a motor home / RV (Recreational Vehicle). It was reported that the motor home was heading Northbound on Interestate 95 and was towing a vehicle. A semi truck attempted to switch lanes and hit the driver's side of the motor home. This, in turn, caused the driver (Thomas Gentry) to lose control of the motor home. A crash then occurred which ended the life of Sandra Gentry. The driver of the tractor trailer fled the scene. It is believed that the tractor trailer was white in color. See Fatal Accident Reported in Volusia County, Florida.

In Jacksonville, Florida, a family and community are mourning the recent death of Christopher Thompson who died as a result of a Florida automobile accident on Beach Boulevard. News 4 Jax reported that 22 year old - Christopher Thompson - died when a driver crashed into Thompson's vehicle as the driver was fleeing the Jacksonville Sheriff's Office (JSO). The combination of the speed and the running of a traffic signal (red light) caused the untimely and tragic death of Christopher Thompson. Since a death resulted from this accident, a full Florida Traffici Homicide Investigation will be conducted by the Florida Highway Patrol and / or local law enforcement. Regardless of the results of this investigation, a life was sensibly lost due to the carelessness and recklessness of another person. See Florida Teen Charged with Homicide After Deadly Jacksonville Crash.

It is important that drivers obey Florida traffic rules, regulations, and statutes. See Florida Traffic Statutes and Regulations - Frequently Asked Questions.

In Macclenny (Baker County) Florida, an automobile accident was reported by the Baker County Press Website. It was reported that a man (George Crawford) was hit while he was travelling in his motorized wheelchair on State Road 228. The wheelchair / automobile accident took place near Barber Road in the area of the local Wal-Mart. The force of the collision / impact ejected Mr. Crawford from his motorized wheelchair. The Florida Highway Patrol responded to the scene of the accident and will complete a report / traffic investigation as to the cause and preventability of this incident. See Man in Motorized Wheelchair Hit and Ejected on State Road 228 in Macclenny Florida.

When there is a Florida automobile accident, the various traffic rules and regulations are reviewed to determine if a citation will be issued. These same laws may come into play if there is a subsequent insurance claim or civil lawsuit for the damages or injuries caused by the accident. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Associated Press reported that a driver (Milton Lee Minier - age 25) was sentenced to a prison term of 10 years for a DUI accident that resulted in the death of the passenger (Tiffany Manzano - age 21) in the vehicle. It was reported that Mr. Minier's blood alcohol level (BAL) was documented at .185 which is over twice the legal limit of .08 in the State of Florida. See DUI Sentenced Handed Down in Duval County (Jacksonville) Florida.

Driving Under the Influence (DUI) can and does lead to serious personal injuries and in cases like the one above - the unfortunate and untimely death of a driver and / or passenger. DUI accident can be avoided by taking the simple act of designating a driver, calling for a ride, and / or calling a taxi or cab for a ride. DUI drivers on Florida roads put the driver, passenger, other drivers and passengers, bicyclists, pedestrians, and motorcyclists at risk.

It is important for drivers in the State of Florida to follow the law and drive with the utmost of caution. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida and other States, an automobile accident with a School Bus can result in serious personal injuries and, in some automobile accidents, death. It is important for school bus drivers to obey traffic signals, posted speed limits, traffic signs, and traffic and road conditions. A fatal automobile / school bus accident was reported in Santa Rosa County, Florida. The Florida Highway Patrol responded to the scene and reported that George E. Potter, III was killed after a bus with the Santa Rosa County School District ran a stop light. See Florida Highway Patrol Reports that Man Died as a Result of Accident with School Bus.

Florida has specific rules and regulations in place that apply to drivers, operators or school buses, pedestrians, bicyclists, motorcyclists, and others. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

The Florida Times Union recently reported on a fatal accident that took place in Flagler County, Florida. Theresa Woodfin was driving a Buick on Florida 100 when she slowed down to make a left hand turn to County Road 2005. A semi truck (logging truck) was behind Theresa Woodfin but unfortunately failed to stop to allow her the time and distance to safely make her turn. As a result, there was a fatal rear end accident that ended the life of Theresa Woodfin who was only 28 years old at the time of the accident. See Fatal Trucking Accident Reported in Flagler County, Florida. Since the trucking accident resulted in a death, there will be a full investigation by the Florida Highway Patrol and / or local law enforcement to more completely determine the cause and preventability of this fatal Florida accident.

In Florida, it is important for commercial drivers, especially those driving with loads, to pay close attention to the road conditions and traffic. A Florida automobile accident with a semi truck often times leads to serious personal injuries and, in some instances like the trucking accident referenced above, to the death of a driver or passenger. See also Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, a motorcyclist / biker, who is injured in a motorcycle accident, will be entitled to seek damages for economic and non-economic losses.

What are Economic Damages in a Motorcycle Accident Case?
Economic damages include the following:
*Past Medical Bills;
*Future Medical Bills;
*Past Wage Loss:
*Future Wage Loss; and
*Loss of Future Earning Ability.

What are Non-Economic Damages in a Motorcycle Accident Case?
Non-economic damages include the following:
*Past Physical Pain and Suffering;
*Future Physical Pain and Suffering;
*Past Mental Pain and Suffering; and
*Future Mental Pain and Suffering.

With respect to Economic Damages,there are typical exact numbers that can be estimated. With respect to Non-Economic Damages, there are no exact measure of damages just estimates based on the severity of the injuries, and the expected life expectancy of the motorcycle accidernt victim. See also Florida Motorcycle Accidents.

In Polk County, Florkda, a fatal automobile accident was reported that involved two pick up trucks/ The crash took place just before 7:00 p.m. in Lake Hamilton, Florida. One pick up truck had apparently turned into the path of another pick up truck. See Two People Killed and Others Suffer Personal Injuries in Polk County, Florida.

Many Florida automobile accidents can be avoided if drivers obey the posted speed limit zones, traffic signals and road signs. Accidents can also be avoided if drivers limit driver distractions. See Florida Traffic Rules, Laws, and Regulations - Frequently Asked Questions.

In Marion County, Florida, a serious automobile accident / semi truck accident was reported by the Florida Highway Patrol. The accident involved an automobile driven by an elderly Florida driver and a semi truck driver. The Florida Highway Patrol reported that the trucker was unable to stop as the driver of the automobile was making a turn. See Marion County Florida Crash Leads to Serious Personal Injuries.

In Florida,it is important that drivers follow the various rules and regulations that are in place. See Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, pedestrians are at risk for personal injuries, and, in some instances, death when a driver veers off a roadway and into an area occupied by a pedestrian. The Florida Highway Patrol reported that a pedestrian was hit by a van that had veered off of Orange Blossom Trail. The death of the pedestrian, identified only a a 24 year old woman from Kissimmee, Florida, is certainly a tragic loss for her family, friends, and the community. See Pedestrian Hit and Dies from Automobile Accident Related Injuries in Kissimmee Florida.

It is important for drivers to follow and obey various traffic rules and regulations in the State of Florida. You can read many of these laws at Florida Traffic Rules and Regulations - Frequently Asked Questions.

In Florida, motorcyclists enjoy the roads and scenery throughout the State. On most rides, the motorcyclist and passenger arrive safely at their destination. Unfortunately, on some rides, the motorcyclist and passenger suffer serious personal injuries and, in some accidents, death. The Orlando Sentinel reported on one such Florida motorcycle accident in which a motorcyclist rear ended the back of a vehicle which, in turn, lead to the death of the biker and the passenger. See Two Motorcyclists Die in Rear End Collision With Vehicle in Seminole County.

When riding motorcycles or driving vehicles on the roads and highways in the State of Florida, it is important for everyone to obey the speed limits, observe road conditions and traffic, and otherwise drive with caution. You can read about Florida laws at Florida Traffic Laws and Regulations - Frequently Asked Questions.

Florida does not require that a helmet be worn by a motorcyclist / biker or an occupant of a motorcycle. Technically, a motorcycle owner is required to carry a certain amount of medical coverage to avoid a requirement to wear a helmet. This issue typically comes into play if there is a motorcycle accident and there is an attempt to apportion fault to the motorcyclist who is not wearing a helmet. The issue or argument does not apply if the motorcycle operator had medical insurance or some type of health coverage in place pursuant to Florida Statutes. This can be a complicated legal issue on a case. If there is a motorcycle accident with injuries, it is best that the injured motorcyclist / biker contact a Florida Motorcycle Injury Attorney to determine their Florida legal rights and the Florida legal responsibilities of the at fault driver. See Florida Motorcycle Accidents. See also Florida Motorcycle Accident Lawyer.

In Florida, Interstate 95 is a major highway that spans the North / South ends of the State. Unfortunately, many Florida automobile accidents take place on Interstate 95. Some are rear end automobile accidents while others are more complicated in the facts and reasons for the automobile accident. The Florida Times Union reported that an automobile accident took place on Interstate when a driver was travelling Southbound in the Northbound lanes. This, in turn, caused a terrible head on collision causing the death of a 73 year old Central Florida resident. See Wrong Way Driving Leads to Death of Central Florida Man.

Automobile accidents in Florida can be avoided if drivers follow the various laws and traffic regulations set forth by the Florida Statutes. See Florida Traffic Laws and Regulations - Frequently Asked Questions.

Continue reading "Interstate 95 Accident - Driver Heading Southbound in Northbound Lane - Death Results from Florida Accident" »

The Jacksonville Sheriff's Office has issued over 400 citations in the past 3 years to drivers who violate Florida Traffic Laws regarding the passing of school buses. Many laws are in place for the safety and protection of children. The laws regarding the passing of a school bus with its red lights on and stop sign arms extended are among the laws that truly serve to protect children. Unfortunately, drivers in Duval, Clay, St. Johns, and other Florida Counties violate these Florida traffic laws. Why are these laws violated? Some are ignorant of the law. Some drivers just lack common sense that would lead them to stop when children are present as pedestrians departing or getting on a school bus. Some drivers just ignore the Florida laws in an effort to save a few seconds or minutes to get to their destination. Whatever the reason, children are put at risks any time that a driver ignores the Florida law as to the passing of a school bus. See Florida School Bus Laws Ignored. See also Florida Traffic Laws and Statutes - Frequently Asked Questions.

In Florida, Interstate 95 is a major highway that spans the State from South Florida right up to the Georgia Border and beyond. It is a major traffic artery for the State of Florida that unfortunately is also the site of many major automobile accidents and trucking accidents. It was reported that a rear end accident on Interstate 95 lead to the deaths of two men from New England - James Bellerose (age 40) and Gary Kalil (age 39). See Two Dead After Crash on Interstate 95.

The State of Florida has specific traffic rules, regulations, and laws in place. Some of these laws specifically address rear end accidents, following too closely, speed, and other matters / issues that may be applicable to automobile accidents like the one reported. You can access information regarding traffic laws at - Florida Traffic Laws and Regulations - Frequently Asked Questions.

A fatal automobile accident was reported by First Coast News on Interstate 95. The accident involved two motor vehicles in which one of the vehicles flipped several times. This, in turn, lead to the ejection of two of passengers. One of the passengers was pronounced dead at the scene of this St. Johns county accident while the other victim was airlifted to Shands for further treatment and evaluation. See Fatal Crash on Interstate 95 - Car Flips - Two Occupants Ejected.

Automobile accidents frequently occur in North Florida (Duval, Clay, St. Johns, Nassau, Baker, and Flagler Counties). Some of these Florida automobile accidents are preventable with better and safer driving. The cause or fault associated with this reported accident was not detailed in the news release.

Many Florida automobile accidents can be prevented by following the speed limits and paying closer attention to road conditions and traffic. Distracted driving is a big problem on Florida roads and elsewhere. While it was great to have a mobile phone that can text, e mail, take pictures, and do thousands of other things, mobile phones are known to cause a driver to be distracted which, in turn, can lead to automobile accidents with serious personal injuries and, in some cases, the death of a driver of passenger. See also Florida Traffic Statutes and Laws - Frequently Asked Questions.

On Florida highways and roads, motorcyclists / bikers are permitted under Florida law to ride two abreast in the same lane of travel. Pursuant to Section 316.209 - Operating Motorcycles on Roadways Laned for Traffic, all motorcycles are entitled to full use of a lane and no motor vehicle shall be driven in such manner as to deprive any motorcycle of the full use of a lane. This subsection shall not apply to motorcycles operated two abreast in a single lane.

Drivers of motor vehicles including automobiles, trucks, and commercial vehicles should be on the look out for motorcycles and keep a safe distance from motorcycles when driving on Florida roads and highways. Yes, motorcyclists and bikers can travel or operate their motorcycles two abreast or two in the same lane. For more information regarding injuries resulting from motorcycle accidents, see Florida Motorcycle Accidents.

On Florida roads and highways, lane splitting is prohibited by Florida law. In other words, a biker / motorcyclist is not permitted to pass or overtake in the same lane occupied by the vehicle overtaken. It can be quite dangerous for a motorcyclist / biker to split a lane and pass while a vehicle is still in the biker's lane of travel. This law is in place for both the safety of the biker and the safety of other drivers operating vehicles on Florida roads and highways. See Section 316.209, Florida Statutes.

Unfortunately, motorcyclists and bikers suffer personal injuries due to accidents on Florida roads and highways. Watch Out for Motorcycles and Look Out for Motorcycles should be kept in mind any time that someone drives a vehicle on Florida roads and highways. See Florida Motorcycle Accidents.

Does Florida Law Require Motorcyclists / Bikers to Wear a Helmet? One would think that there is a simple answer to this question; however, a motorcyclist / biker should review Section 316.211 of the Florida Statutes to make sure that he or she is complying with Florida law. There are ways to comply with Florida law and avoid wearing a helmet. Many bikers / motorcyclists do not want to wear a helmet and this can be perfectly legal in Florida as long as this statute is complied with.

Section 316.211, Florida Statutes provides rules, regulations and laws for Equipment for Motorcycle and Moped Riders. The first part of the statute provides that a person may not operate or ride upon a motorcycle unless the person is properly wearing protective headgear securely fastened upon his or her head which complies with Federal Motorcycle Vehicle Safety Standard 218 promulgated by the United States Department of Transportation. The Department of Highway Safety and Motor Vehicles shall adopt this standard by agency rule.

However, there is an exception to the above general rule under Subsection 2 (b) which provides that a person over 21 years of age may operate or ride upon a motorcycle without wearing protective headgear securely fastened upon his or her head if such person is covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.

In summary, a person can avoid the requirement of wearing a helmet if the person has at least $10,000 in medical benefits for injuries resulting from a motorcycle accident. It appears that this coverage can be in the form of motorcycle insurance and / or health insurance. See also Motorcycle Accidents in Florida.

In the State of Florida, all first time motorcycle license or endorsement applicants must complete a BRC (Basic Rider Course) to receive a license to operate a motorcycle. Section 322.12 - Examination of Applicants provides the following:

1. The department is required to formulate a separate examination for applicants for a license to operate a motorcycle.

2. The examination must test the applicant's knowledge of the operation of a motorcycle and applicable traffic laws.

3. The examination also must also include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of the motorcycle.

For more information of Florida's law on the subject to Motorcycle Licenses, see Section 322.12 (5), Florida Statutes - Examination of Applicants. See also Motorcycle Accidents in Florida.

Safety precautions are recommended for anyone operating or riding a motorcycle in the State of Florida. If a person carries at least $10,000 in some kind of medical coverage, no helmet is required. Furthermore, no insurance is required for owners of motorcycles. Whether the law requires it or not, most safety experts would recommend the use of a helmet and most insurance experts and attorneys would recommend that a person owning a motorcycle have appropriate insurance in place.

In the State of Florida, a person can own a motorcycle and have no insurance in place whatsoever for that motorcycle. Florida law under most instances has no requirements for motorcycle owners and bikers. Of course, the laws for financial responsibility are much different for owners of motor vehicles including passenger vehicles, automobiles, trucks, and commercial vehicles. See Section 324.01 - Financial Responsibility Laws for Vehicles (Other than Motorcycles).

According to Daniel Miller, insurance agent and agency owner of Brightway Insurance Jacksonville, all motorcycle owners should insure their motorcycles with the following coverages: property damage liability, bodily injury liability, uninsured or underinsured motorist coverage, collision coverage, and medical payment coverage. Miller states that, "Having sufficient motorcycle coverage in place is essential for the motorcyclist and the owner of the motorcycle whether Florida law requires it or not." See Brightway Insurance - Jacksonville for more information as to motorcycle insurance and your other insurance needs.

Unfortunately, far too many motorcycle owners are uninsured or lack insurance that they need when there is a Florida motorcycle accident that results in personal injuries. Of course, a motorcycle can pursue a claim against the insurance policy of the at fault driver; however, it is typically better if the motorcyclist / biker has his or her insurance in place to cover some of the expenses and medical bills up front when there is a motorcycle accident.

Furthermore, many motorcycle accidents in Florida are hit and run type of accidents. A driver of a motor vehicle crashed into an innocent biker / motorcyclist and then flees the scene. In cases involving a hit and run driver, having the right kind and amount of motorcycle insurance in place is vital in order for the injured biker to get the medical care and compensation he or she deserves for the accident related injuries.

The statute of limitations is the prescribed time limit under Florida law in which a motorcyclist / biker needs to file a lawsuit enforce his or her rights. Generally, the statute of limitations is 4 years from the date of the motorcycle accident. If there is Uninsured Motorist motorcycle coverage in place, the statute of limitations could be as long as 5 years but only for the cause of action or case direction against the Uninsured Motorist / Underinsured Motorist motorcycle insurance company. If a death results from the motorcycle / automobile accident, the statute of limitations in Florida to bring an action for wrongful death is 2 years from the date of the accident.

While the statute of limitations in Florida does provide a fair amount of time to file a lawsuit, it is generally advisable to consult and work with a Florida personal injury / motorcycle injury attorney well before the running or near running of the statute of limitations. Florida laws pertaining to injured Florida bikers and motorcyclists are quite specific and unique. The laws are slightly different that for those injured while occupying an automobile or a truck. See Section 95.11 - Florida Statute of Limitations for time limits apply to accident cases, negligent cases, and other matters. See also Motorcycle Accidents in Florida.

Biketober fest is a festival, gathering, celebration, tradition, and many other things to bikers and motorcycle enthusiasts in Florida and the rest of the United States. It is estimated that the event / celebration brings in over 125,000 bikers to the Daytona Beach / Volusia County area every year. With the influx of bikers also come tourist dollars for hotels, motels, restaurants, and shops in and around the Daytona Beach area. Biketoberfest and all other times of year should be times in which drivers and others respect motorcyclists and bikers. Pay attention when a motorcycle / biker is on the roadway. Show some common roadway courtesies and also follow the law. Keep in mind that an accident with a motorcycle can lead to very serious personal injuries because the size and weight of a motorcycle is no match to even a small car. Watch out for motorcycles and driver safe. See Daytona Beach Florida Hosts Biketoberfest.

October in Volusia County including Daytona Beach, Deland, Port Orange and other cities brings an influx of bikers and motorcyclists. Unfortunately, at this time of year, during Biketoberfest there are reports of motorcycle / biker accidents, personal injuries, and tragic deaths. It was recently reported by the Daytona Beach News Journal that four bikers / motorcyclists lost their lives in two separate motorcycle / automobile accidents. See Four Bikers Killed in Two Separate Accidents in Volusia County, Florida.

There are many issues that arise when there is a motorcycle / automobile accident including the following:

Who received the traffic citation?
What police agencies / department arrived on the scene?
What traffic regulations apply to the facts regarding the accident?
Were there witnessed to the accident?
Who is going to pay for medical bills?
Who is going to pay for funeral expenses?
What are the rights of the bikers / motorcyclists? Injured persons?

Each motorcycle accident should be evaluated on its own facts and circumstances. While it is important to know if a citation was issued, the civil case for the injuries is not wholly dependent on who received the citation. Florida is a comparative fault state which means that in certain accidents - there can be an apportionment of fault or percentage of fault assigned among two or more drivers / bikers.

In Jacksonville Beach Florida and other beach towns and cities, there is generally a good bit of foot traffic or pedestrians walking on or near the roadways. Because of the presence and number of pedestrians, it is important for drivers to slow down in beach related areas whether the road is right near the beach or leading to restaurants and businesses serving the beach area. It is especially important to drive safe in residential areas on or near the beach. It was reported by the Jacksonville Times Union that a pedestrian was struck and killed in the Jacksonville Beach area. The pedestrian / automobile accident took place on Third Street and Third Avenue. Third Street is a busy roadway that spans the Jacksonville Beach area. The Jacksonville Beach Police Department responded to the scene. The driver did stop at the scene of the accident and cooperated with police. According to the initial reports, there were no charges or citations issued for this most unfortunate accident. See Pedestrian Hit in Jacksonville Beach, Florida.

Florida has traffic rules and regulations for drivers, pedestrians, bicyclists, and others in Chapter 316, Florida Statutes. You can read about common traffic rules and regulations at Florida Traffic Laws and Regulations - Frequently Asked Questions.

In Jacksonville Florida and other cities, it is important for drivers to pay attention to road conditions and traffic especially when there are emergency vehicles / Fire Rescue vehicles at the scene of an accident or responding to the scene of an accident. It was reported in Jacksonville, Florida (Mandarin Area) that a vehicle crashed into the back of a fire truck. The vehicle (a pick up truck) had three occupants all of which were transported to a hospital for evaluation and treatment of personal injuries suffered in this automobile accident. See Crash into Fire Truck Backs Up Track on Interstate I-295 in Jacksonville, Florida.

Florida has traffic rules and regulations set forth mostly in Chapter 316, Florida Statutes. See Florida Traffic Rules and Regulations.

It can be quite dangerous for motorcyclists / bikers travelling the roads and highways of Florida. Jacksonville (Florida) Fire and Rescue reported that a motorcyclist was recently hospitalized with life threatening personal injuries. The motorcycle crash was reported on the Northside of Jacksonville on Yellow Bluff Road. Due to the severity of the personal injuries sustained by this biker, the Jacksonville Sheriff's Office Homicide Division will be investigating the cause and preventability of this motorcycle / automobile accident. See Motorcycle Accident Reported in Jacksonville, Florida.

Whether a person is operating a motorcycle, automobile, truck, bicycle or other vehicle, it is important that the rules of the road in Florida are followed. Traffic regulations in the State of Florida are primarily listed under Chapter 316, Florida Statutes. You can read more at Florida Traffic Rules, Regulations, and Statutes - Frequently Asked Questions.

A tragic hit and run accident was reported in Altamonte Springs Florida. The Florida Highway Patrol responded to the scene of this Central Florida automobile / pedestrian accident. It was reported that a 23 year old person suffered fatal personal injuries and 16 year old suffered personal injuries as a result of the automobile accident. There was an eyewitness who saw a vehicle flee the scene. The Florida Highway Patrol and local law enforcement will investigate this incident to determine the vehicle and driver involved. See Hit and Run Automobile / Pedestrian Accident Reported in Altamonte Springs, Florida.

It is a Florida law to stop and render aid when there is an automobile accident involving personal injuries. It is important for all drivers to proceed with caution and limit distracted driving. You can read more about Florida laws at - Florida Traffic Laws - Frequently Asked Questions.

In Pinellas County Florida and other locations, drivers, at times, are in a hurry to get from one place to another. Unfortunately, in an effort to make "good time" on a drive, accidents take place that result in personal injuries to innocent bystanders including those merely standing or waiting at a bus stop. In Pinellas County, Florida, it was repotted that a driver accelerated through an intersection, then jumped a curb, and then hit a bus bench where 5 people were waiting for a bus. See Five Suffer Personal Injuries When Driver Plows into Bus Stop Area.

Drivers should do their best to pay attention to road and traffic conditions and "slow down" any time that pedestrians are in or near roadways. Both adults and children at Florida bus stops have been hit and injured while waiting for a bus. Drivers, who slow down and limit driver distraction, can help prevent or at least reduce the number of pedestrian injuries that take place on or near Florida roadways.

A forty-nine year old bicyclist was struck by a truck and killed on US-129 n Suwannee county, Florida. Jimmie Rollison was riding his bicycle south bound on US-129 early in the morning when he was hit by a truck that was also heading southbound. The driver of the pick- up truck, 38 year old Brad Scarbourgh reported that his vision was impaired due to the early morning light conditions. Fog and smoke may have also played a part in this accident, as well as not enough light on the bicyclist.

The truck struck the front of the bicycle. The impact of the accident sent Rollison, flying into a near by grassy shoulder of the road. Scarbough, the driver of the truck stopped as soon as he could.

Sun glare has been a cause of many bicycle accidents. Early morning sun can pose extremely dangerous driving conditions. Several experts report that avoiding light colored dashboards may help reduce sun glare. Light colored dashboards may become more reflective when exposed to the early morning glare. A good pair of polarized sun glasses are also helpful in the reduction of sun glare. For more information see, Fatal Accident- Death of Bicyclist in Suwannee County Florida.

In Orlando and other Florida cities, it can be quite dangerous to be a bicyclists. Whether a person is biking for fun, recreation, exercise, or transportation, there are many dangers and risks to biking on or near Florida roads. Drivers should exercise due caution anytime that there is a bicyclist on or near the roadway. Common sense dictates that a bicycle is no match for a vehicle. Even the slightest impact or crash into a bicycle rider can have dire or life threatening injuries for the cyclists.

It was reported in Orlando Florida that a bicyclist was hit by a driver. Rather than remain at the scene as required by Florida law, the driver involved in this hit and run accident fled the scene. See Orange County Bicyclist Hit and Run Accident Reported.

When driving in the State of Florida, it is helpful for each and every driver to know and understand Florida Traffic Laws and Regulations. See Florida Laws and Traffic Regulations: What Every Driver Should Know. By obeying speed limits and limiting driver distraction, many automobile / bicycle accidents in the State of Florida can be avoided.

In Volusia County, a tragic accident was reported involving a Good Samaritan - James Darnell Collier. New 4 Jax Reported that Mr. Collier, a 37 year old truck driver from Jacksonville, Florida, was killed while helping out with a crash scene on Interstate 4 in Volusia County, Florida. He had previously parked his semi truck off the side of the road and then proceeded to help out at the accident scene. While Mr. Collier was wearing bright reflective gear, he was still hit by another vehicle. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will complete a death investigation as to the cause of the incident, actions on the part of the driver, actions on the part of Mr. Collier, and any other conditions or fact that may have caused or contributed to the most unfortunate death of this family man from Jacksonville (Duval County) Florida. For more information regarding this pedestrian / automobile accident, see Good Samaritan Hit by a Vehicle While Helping Out at a Volusia County Crash Scene.

In Baker County, Florida, an unfortunate and tragic pedestrian accident / automobile accident was reported. A Jacksonville, Florida man (Ronald Ray Carroll) walked onto Highway U.S. 90 in Baker County when he was hit by a semi truck. He was hit by a 1999 Freightliner Semi Truck. Since a death resulted from this accident, local law enforcement and / or the Florida Highway Patrol will conduct an investigation to determine the cause of the accident, relative fault of the pedestrian (if any), relative fault of the driver (if any), and the preventability of the accident. It is unfortunate the a pedestrian lost his life on one of Florida roads. See Baker County, Florida - Pedestrian Hit by Semi Truck.

A Jacksonville, Florida women was killed when a Lincoln Towncar ran a red light. The car veered off the road a struck a fruit stand. Witnesses at the scene reported that the car was driving unpredictably prior to running into the fruit stand, pinning the women under the car and critically injuring her husband. The women and husband were transported to the hospital. She was pronounced dead at the hospital. At the time that this story was first reported on the news and Internet, the husband was admitted to Shands Hospital in critical condition. Police believe that the driver may have suffered from a medical condition prior to the accident. The driver of the Towncar was also transported to Shands. The accident will be more fully investigated by local law enforcement officers / detectives. See Fruit Stand Automobile Accident Results in Death and Personal Injuries.

In Jacksonville, Florida and other cities, automobile accidents frequently result in serious personal injuries and, in some instances, even the death of drivers, passengers, bicyclists, and / or pedestrians. Drivers should do their best to obey posted speed limits, traffic signals, and other rules and regulations for driving on Florida roadways. You can read more traffic laws and regulations at the Wood, Atter & Wolkf, P.A. Website - Florida Traffic Laws and Regulations.

Watch Out for Motorcycles! This is a bumper sticker seen on vehicles in North Florida and the rest of the State. Unfortunately, many automobile accident / motorcycle accidents lead to the death or serious personal injury of the motorcyclists. One such motorcycle accident was reported in Flagler County Florida on U.S. 1. The Florida Times Union reported that David Lloyd Rocky (age 67) was northbound on U.S. 1 when Julia Ann Tucker drove her Nissan XTerra from a stop sign to cross the highway and then proceed South. Mr. Rocky collided with the driver's side door of the Nissan XTerra. While Mr. Rocky was wearing a helmet, the force and trauma from the crash caused fatal injuries and Mr. Ricky was pronounced dead at the scene of this Florida motorcycle accident. See Flagler County Florida Motorcycle Accident Reported - Florida Highway Patrol Responds to the Accident Scene.

A 50 year old women was struck by a pick up truck and killed while crossing the street in Sanford, Florida. The pedestrian was attempting to cross US 17 in Sanford when she was struck by the truck that was heading Northbound. According to the police, the 50 year old, was not in the crosswalk when she was struck by the pick up truck.

When driving a car always be aware of pedestrians. When driving a car you should yield the right of way to the pedestrians. Pedestrians should cross in the properly marked crosswalks. According to some reports, four of Florida's largest cities, Tampa, Jacksonville, Orlando, and Miami have been called the most dangerous cities for pedestrians. For more information see, Pedestrian Death Reported in Sanford, Florida. See also Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present

Florida Statute 316.130 provides regulations and guidance when pedestrians are present or near roadways and intersections. It is important for all drivers to follow this statute and other laws. Furthermore, caution should always be taken when pedestrians are in or near roadways. It is always better to slow down when a pedestrian is in or near a roadway. A few extra minutes of travel time can save a live and prevent serious personal injuries to a pedestrian.

See also Florida Traffic Statutes and Regulations - Frequently Asked Questions.

Two Duval County (Jacksonville), Florida School Buses were in involved in an accident. Buses from the Jacksonville Charter School were transporting children home from school when one bus rear ended a car. The force of the automobile / bus accident pushed the car into the back of another bus. No students were injured, however the driver of the car was transported to a local hospital for observation. The extent of the injuries of the driver of the car was not reported.

Millions of children ride school buses to school each day. It is important for drivers to obey the rules of the road when it comes to school bus safety. Florida has laws when it comes to stopping and obeying laws regarding a school bus. A vehicle must come to a full stop when a school bus is stopped and and is displaying a stop signal. A driver may not pass the school bus when the signals are displayed. A driver is not required to stop if they are on a divided highway with at least 5feet of unpaved space, a raised median or any other type of physical barrier. It is the duty of the school bus driver to stop as far of the street as possible. The bus driver should display stop signal and warning lights before allowing students to exit the bus. For more information see,Two School Bus Accidents Reported in Jacksonville Florida. You can read more about traffic rules and regulations at Florida Traffic Laws - Frequently Asked Questions.

A 23 year old bicyclist was injured when he was struck by a Orange County, Florida school bus while riding East on Colonial Drive. The bicyclist was taken to Orlando Regional Medical Center and is reported to be in stable condition. There were six students from University High school in Orlando, Florida on the school bus. According to a spokesperson from the Orange County School system, none of the students were injured.

Florida is a State filled with bicyclists and pedestrians who travel on or near the roadways every day. It is important for all drivers to pay especially close attention when driving near pedestrians and bicyclists. This includes children who walk or ride bicycles in school areas, residential, and, yes, commercial areas. It is also important for pedestrians and bicyclists to show due caution on or near Florida roadways.
There are basic rules for being safe on the road when riding a bicycle Bicyclists should always be aware and alert of any oncoming car traffic. Be sure to communicate with hand signals so that drivers are aware of your intentions. When riding a bicycle always ride with traffic and protect yourself by wearing a protective helmet. When in a accident stay with the victim until the police and/or fire rescue arrives. For more information see, School Bus In Orange County Florida Hits Bicyclist.

A lane change on Interstate 4 in Hillsborough County caused the death of a Port Orange, Florida, motorcyclist. 63-year-old Charles Lewis Lee was driving westbound in the center lane near the Interstate 75 exit ramp. According to the Florida Highway Patrol, Lee shifted his vehicle to the right to get to the exit. Lee reportedly changed lanes in front of a 70-year-old motorcyclist. The lane change caused the two vehicles to collide. Joseph Malette Glover of Haines City, Florida, was ejected from his motorcycle onto the road and struck the back of Lee's car. Glover was pronounced dead at the scene. Lee and his 21-year-old passenger Alex Caron Lee did not sustain any personal injuries. For more read Erratic lane change causes death of 70-year-old motorcyclist.

The death of this man is a tragedy for his family and community. All Florida drivers owe a duty of due and reasonable care when behind the wheel of an automobile. This includes but is not limited to obeying the posted speed limits, using defensive, not aggressive, driving and changing lanes only when no immediate hazards are present.

It is not news that texting while driving is not only dangerous, but deadly. Texting while driving is a nation-wide epidemic that is increasingly popular among children and teenagers. Stephanie Ando, a mother from Jacksonville, Florida and owner of Ando Insurance Services, has joined Allstate in its "X the TXT" program. "X the TXT" has teens pledge not to text and drive. Recently, Ando and her director of marketing, Karen Phillips took the program to Clay High School. Thumb rings embedded with the message "txtng klls" were given to students who made the pledge. Each pledging student also put their left thumb print on a banner. Ando's goal is to spread the program throughout schools in Northeast Florida.

A fact sheet compiled by Allstate revealed some startling statistics about texting while driving:
- Car crashes are the number one killer of American teenagers (more than 4,000 teens die in car crashes annually).
- Just reaching for a cell phone while driving increases the likelihood of a car crash nine times.
- A person looking at a cell phone for a mere 5 seconds while driving at the rate of 55mph travels the equivalent of a football field.

For more on Ando and the "X the TXT" program read Jacksonville mom spreads word about dangers of texting while driving.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.1235, Florida drivers who are approaching an intersecting where the traffic lights of said intersection are not working (inoperative) shall treat the stop as a stop sign. The method of stopping is governed by section 316.123(2), Florida Statutes. Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection. If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

In the event that only some of the traffic lights at an intersection are inoperative, the driver of a vehicle approaching an inoperative light shall stop in the above-prescribed manner.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.125 - Vehicles Entering Highways from Private Road or Driveway or Emerging from Alley, Driveway or Building, Florida drivers have a duty to yield the right-of-way in certain circumstances.

1. Drivers who are about to enter or cross a highway from an alley, building, private road or drive way MUST yield the right-of-way to ALL vehicles approaching on the highway to be entered which are close enough to constitute an immediate hazard.

2. Drivers who are exiting an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk are extending across the alley, building entrance, road or driveway. If there is no sidewalk area, these drivers must stop at the point nearest the street they are attempted to enter where the driver has a view of approaching traffic. The drive must yield to all vehicles and pedestrians which are close enough to constitute an immediate hazard.

Florida law states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Florida traffic laws are unclear as to who has the right-of-way on Florida street, highways and other roadways. Florida law only states who has a duty to yield (give up) the right-of-way. As a general rule of Florida traffic law, every driver, motorcyclist, bicyclist, pedestrian or other operate of a motorized vehicle (i.e., moped) must do everything possible to avoid a crash. Florida drivers and pedestrians have a duty to yield the right-of-way to emergency vehicles while said vehicles are en route to an existing emergency. This duty is established under Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.126 - Operation of Vehicles and Actions of Pedestrians on Approach of Authorized Emergency Vehicle.

Pursuant to section 316.126, Floria Statutes, both pedestrians and drivers must yield the right-of-way to emergency vehicles. These vehicles include law enforcement vehicles, fire engines and other emergency vehicles that are using sirens and/or flashing lights. There is a duty to immediately pull over to the close edge of the roadway and stop until the emergency vehicle has passed. Pedestrians and drivers shall not block intersections in said process.

When driving on interstate highways or other highways with two or more lanes and traveling in the same direction of an emergency vehicle, drivers approaching a parked law enforcement or other parked emergency vehicle with its lights activated, are required to leave the lane closest to the emergency vehicle, as son as it is safe and practicable to do so. This law shall apply unless other directed by a law enforcement officer.

When traveling on a two-lane roadway, drivers approaching a law enforcement or other emergency vehicle are required to reduce their speed to a speed that is 20 miles per hour less than the posted speed limited when the posted speed limits is 25 miles per house or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less.

Other types of emergency vehicles include wreckers that are displaying their flashing lights and performing a service (i.e., recovery or loading) on a roadside.

If you have been involved in and/or are the victim or a Florida automobile accident, please contact Wood, Atter & Wolf, P.A. regarding your Florida legal rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

"Intersection" is defined, by Florida Statutes, as the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles; or the are within which vehicles traveling upon different highway joining at any other angle may come into conflict. See Florida Statute section 316.003(17)(a). Intersections are common places for Florida drivers to be involved in automobile crashes. Therefore Florida drivers should take extra precaution and care when entering or approaching intersections.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.121 - Vehicles Approaching or Entering Intersections, establishes certain duties, rules and regulations for Florida drivers who are approaching or entering an intersection:
1. Approaching an intersection. The driver of a vehicle approaching an intersection must yield the right-of-way to a vehicle was has entered the intersection from a different highway.
2. Two vehicles approaching at same time. When two vehicles enter an intersection from different highways at the same time the DRIVER OF THE VEHICLE ON THE LEFT SHALL YIELD THE RIGHT-OF-WAY to the vehicle on the right.
3. State-maintained roads or highways. The driver of a vehicle about to enter to cross a state-maintained road or highway from a paved or unpaved road (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on the state-maintained road or highway the driver of the other vehicle is attempting to enter or cross.
4. County-maintained or city-maintained roads or highways. The driver of a vehicle about to enter or cross a paved county-maintained or city-maintained road or highway from an unpaved road or highway (e.g., driveway) and not subject to control by an official traffic control device shall yield the right-of-way to ALL vehicles approaching on said paved road or highway.

Continue reading "Florida Traffic Laws - What Is the Duty of a Driver Approaching or Entering Intersections?" »

A 34-year-old woman from Texas was killed in a accident while driving on State Road 8 at the intersection with Interstate 10. Maria Chancelor, of Nederland, Texas, was pronounced dead at the scene. Chancelor's passenger, 35-year-old Michael Currier, of Fayetteville, Tennessee, sustained critical personal injuries as a result of the automobile accident. Currier was transported to Shands Medical Center in Jacksonville in critical condition. According to Florida Highway Patrol state troopers neither Chancelor nor Currier was wearing a seat belt. Investigators stated Chancelor's vehicle spun off the entrance ramp to I-10, onto the grass shoulder and finally into oncoming traffic where her vehicle struck an oncoming tractor trailer truck. The accident occurred around 12:30 a.m. in Baker County, Florida. The driver of the truck, who was reportedly wearing his seat belt, was not personally injured. For more details read Texas woman killed in Florida Crash in Baker County, Florida.

A man who was recently killed in a hit-and-run accident in Seminole County, Florida, has been identified as 36-year-old Charles Long. Long's body was lying in a grassy shoulder along Monroe Road for nearly two hours before he was found. He rode his bicycle to work everyday, a 14-mile trip from DeBary to Lake Mary and back. Long was employed as a dishwasher at a pizza restaurant. According to the Florida Highway Patrol, Long was traveling north in the outside, southbound lane of Monroe Road in Sanford, Florida, near U.S. Highway 17-92 when he was struck by a pickup truck that was traveling southbound in the same lane. The truck struck the front of Long's bicycle, sending him flying into the grassy shoulder where he was later found dead. The pickup truck that struck Long was turned into the Seminole County Sheriff's Office. For more details please read Man found dead in grassy shoulder of Monroe Road in Seminole, Florida, hit-and-run collision.

Florida law establishes a duty upon all drivers that are involved in a crash that results in injury to any person to stop their vehicle immediately at the scene of the crash, or as close thereto as possible. See Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.027 - Crash Involving Death or Personal Injuries.

Also, the driver of the vehicle has a duty to remain at the crash site until he or she has fulfilled the requirements set out in section 316.062, Florida Statutes. Any driver who willfully violates the provisions of sec. 316.027 commits a third-degree felony.

If you would like to read more Florida Traffic Laws visit the Wood, Atter & Wolf, P.A. website: North Florida Injury Lawyer Blog.

Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.091 - Limited Access Facilities; Interstate Highways; Use Restricted, establishes limitations, restrictions and other prohibitions to the access and use of certain facilities and interstate highways.

1. No person shall drive a vehicle onto or from any limited access roadway. EXCEPTION: Unless such entrances and exists are established by public authority.
2. No person shall operate upon a limited access facility any bicycle, motor-driven cycle, animal-drawn vehicle, or any other vehicle which by its design or condition is incompatible with the safe and expedient movement of traffic.
3. No person shall ride any animal upon any portion of a limited access facility.
4. No person shall operate a bicycle on the roadway or along the should of an interstate highway.

Bicycles:
In the state of Florida, bicycles are not allowed on limited-access roadways or on interstate highways. However, toll bridges are not always on limited-access facilities.

A "Freeway" is a limited-access highway with several significant characteristics:
1. Vehicles traveling in opposite directions are separated by a continuous unpaved median or fixed barrier;
2. There are at least two lanes of travel in each direction;
3. At-grade crossing conflicts are not allowed;
4. Vehicles enter and exit a freeway with merge, diverge and weave movements.

A "Limited Access Facility" is defined, by Florida Statute, as a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement, or only a limited right or easement, of access. Such highways or streets may be parkways from which trucks, buses, and other commercial vehicles are excluded; or they may be freeways open to use by all customary forms of street and highways traffic. See Florida Statute section 316.003(19).

Continue reading "Florida Traffic Laws - What Are the Restrictions on Using Limited Access Roadways?" »

Making a turn may seem like a simple, mundane driving task. However, many traffic crashes occur because of drivers who make incorrect, illegal, and / or unsafe turns. Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.122 - Vehicle Turning Left, drivers turning or intending to turn left must yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle.

Below are some tips Florida Drivers should follow when making or attempting to make turns, especially left-hand turns:

1. Use your turn signal and NEVER make "last minute" turns.
2. Use your turn signal. Specifically, give your turn signal for at least the last 100 feet before making your turn.
3. Slow down to an appropriate and safe turning speed.
4. ALWAYS yield to bicyclists and pedestrians.
5. Make your turn and stay in the proper lane. Yield the right-of-way to vehicles, including bicycles, coming from the opposite direction.
6. Finish your turn in the proper lane. A LEFT TURN may be completed in any lane lawfully available, or safe, for the desired direction of travel.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection. After stopping, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on the highway so as to constitute an immediate hazard when the driver is moving across or within the intersection.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to >Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.123 - Vehicle Entering Stop of Yield at Intersection, a Florida driving approaching posted stop or yield must, in obedience with such sign, slow down to a reasonable speed for the existing conditions and, if required for safety to stop their vehicle before entering the crosswalk or intersection.

In Florida car accident cases, as a general rule, any car that is approaching an intersection or crosswalk shall yield the right-of-way to any vehicle or pedestrian that is already in or at the intersection.

Below are some other duties imposed on Florida drivers approaching a Yield or Stop Sign:
- If approaching a stop intersection, Drivers must stop at a clearly marked stop line, or if there is no stop line before entering the cross walk, or at the point nearest the intersection roadway where the driver has a view of approaching traffic before entering the intersection.
- If at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles approach this type of intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

If you have been involved in and/or are the victim or an accident, please contact Wood, Atter & Wolf, P.A. regarding your rights. You can also read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

A man who was recently killed after he was struck by a BMW has been identified by Jacksonville, Florida, police as 42-year-old Samir Masil. Masil was killed after he was hit by a BMW driven by 18-year-old Amer Osmanovic. The incident occurred at the intersection of Powers Avenue and Toledo Road. According to the Jacksonville Sheriff's Office, Osmanovic was driving his BMW south on Powers Avenue a little after 6:00 p.m. when he veered off the road, hit a pole, spun out of control and eventually collided with three people, a parked vehicle and a food stand. The food stand was located at a BP gas station at the Powers and Toledo intersection. After being hit, Masil and a child were transported to a nearby hospital where Masil died. The identity of the child has not been released by officials. Osmanovic was also transported to a hospital with non-life-threatening injuries. For more details please read Man killed after he was hit by a BMW near a Jacksonville, Florida, gas station and food stand.

The death of this man is a tragedy for his family and community. Automobile accidents are a leading cause of death and personal injuries in the State of Florida. Good driving consists of practice and being alert while behind the wheel. Florida drivers need to ensure nothing interferes with their ability to see the road and react to situations or operate their vehicle properly. Florida drivers must stay alert as to what is going on around them, avoid driver distraction, and concentrate on driving and being on the look out for other vehicles, pedestrians, and bicyclistsYou can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway.

The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing. Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths.

Although Florida is prohibited from enforcing their aggressive driving law by state statute, aggressive driving can still be notated on a traffic citation. For example, once a driver is cited fora specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the state of Florida:
1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway. Drivers of a motor vehicle that is towing another vehicle and traveling upon a roadway outside a business or residence district must stay at least 300 feet behind another motor truck.

Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths. The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing.

Aggressive driving can be notated on a traffic citation. For example, once a driver is cited fora specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the state of Florida:
1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Section 316.0895 - Following too Closely, Florida Statutes, states that the driver of any motor vehicle shall not follow another vehicle more clearly than is reasonable and prudent, while also having due regard for the sped of such vehicles and the traffic upon, and the condition of, the highway. Those motor vehicles that are driven upon any roadway outside a business or residence district and traveling in a caravan, whether or not towing other vehicles, must allow sufficient space between each vehicle of combination of vehicles so as to enable other motor vehicles to enter or occupy such space without danger.

The Florida Department of Highway Safety and Motor Vehicles defines "aggressive driving" as "the act of operating a motor vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others." This type of driving includes behaviors stemming from road rage to street racing. Aggressive driving is a leading problem on Florida roadways and is a main factor in the amount of motor vehicle crashes and deaths.

Once a driver is cited for a specific traffic infraction (i.e., Section 316.0895 - Following too Closely, Florida Statues), the issuing police officer may select the "Aggressive Driving" located on Florida traffic tickets.

"Following too Closely" combined with one of these actions is considered Aggressive Driving in the State of Florida:

1. Speeding;
2. Unsafe or improper lane change;
3. Failure to yield the right-of-way;
4. Improper passing;
5. Failure to obey traffic control devices.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.090 - Driving on Divided Highways, whenever a Florida highway has been divided into two or more roadways, every vehicle shall be driven only upon the right-hand side of the roadway, unless directed or permitted to use another side of a roadway by official traffic control devices or police officers.

A Florida highway may be divided into two or more roadways by:
1. An intervening space;
2. A physical barrier; or
3. Any clearly indicated dividing section constructed so as to impede vehicular traffic.

Also, while driving on a divided Florida highway, no driver shall drive his or her vehicle over, across or within any dividing space, barrier or section. Exception: If driving through an opening in such physical barrier or dividing section or space, or at an established crossover or intersection, or unless specifically authorized by a public authority.

Violators of this Florida Statute will have committed a noncriminal traffic infraction, punishable as a moving violation.

In the State of Florida, yellow lane lines are indicative of divided highways. Specifically, yellow lane lines separate lanes of traffic traveling in opposite directions of one another. A single yellow line marks the left edge of the pavement on all divided highways and one-way streets.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

A High Springs, Florida, firefighter was killed in a motorcycle-motor vehicle crash on U.S. 441 while he was headed to his 24-hour shift. The man was identified as 35-year-old Chad Hood of Gainesville, Florida. Hood is survived by his wife and 4-year-old son, among others. According to reports, Hood was en route to his 24-hour shift when his 1999 Suzuki motorcycle collided with a Volkswagen minivan a little after 6:30 a.m. The reports also state the collision occurred after the minivan pulled out of a Fast Track convenience store parking lot on U.S. 441. The collision between the motorcycle and the minivan caused the bike to burst into flames. The driver of the minivan, who's name not released by authorities, was the only occupant inside the van. Hood was transported to Shands at the University of Florida where he was pronounced dead. He began working for the High Springs Fire Department in 2007. For more details please read High Springs, Florida, firefighter dies in crash on U.S. 441.

The death of this man is an absolute tragedy for his family and community. Florida drivers must always stay alert while at the wheel. When driving, Florida drivers must ensure nothing interferes with their ability to see the road, react to situations or operate the vehicle properly. For an extensive list and summaries of various Florida Traffic Laws please see the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.087 -Further Limitation on Driving to Left of Center of Roadway, drivers are prohibited from driving their vehicles on the left side of any roadway in the following conditions:

1. When the vehicle is approaching or upon the crest of a grade that obstructs the driver's view so as to create a hazard in the event another vehicle may approach from the opposite direction;
2. When driving upon a curve in the highway where the driver's view is obstructed and creates a hazard in the event another vehicle may approach from the opposite direction;
3. When the vehicle driven is within 100 feet of or traversing any intersection. However, this does not apply to any intersection on a state-maintained or county-maintained highway located outside city limits, unless marked otherwise;
4. When the vehicle driven is within 100 feet of or traversing any railroad grade crossing;
5. When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

These limitations do NOT apply:
1. On one-way roadways
2. When an obstruction exists making it necessary to drive to the left of the center of the highway, and
3. To the driver of a vehicle turning left into or from an alley, private road or driveway.
A violation of section 316.087 is a noncriminal traffic infraction, punishable as a moving violation.

The following is a list of circumstances where Florida Drivers MAY NOT pass while driving upon a two-lane road with traffic moving in the opposite direction:
- Where there are visible signs reading "DO NOT PASS" or "NO PASSING ZONE"
- Where a solid yellow line is painted on your side of the center line
- When traveling upon hills or curves
- At intersections
- When you are within 100 feet of a bridge, viaduct, tunnel or railroad crossing.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.0875 - No Passing Zones, the Florida Department of Transportation and local authorities have the authority to designate portions of any highway where overtaking and passing or driving to the left of the roadway would be especially hazardous, as a No-Passing Zone. These zones shall be indicated as such by appropriate signs or markings on the highway or roadway. The signs shall also indicate the beginning and end of the No-Passing Zone. Every sign shall by clearly visible to an ordinarily observant person and shall be obeyed by every Florida driver.

When driving in a No-Passing Zone, Florida drivers shall not at any time drive on the left side of the roadway or on the left side of any pavement striping designed to mark a No-Passing Zone throughout its length. Section 316.0875 is not applicable when an obstruction exists, which makes it necessary to drive to the left of the center of the highway or roadway, nor to a Florida driver who is turning his or her vehicle left into or from an alley, private road or driveway.

The following is a list of circumstances where Florida Drivers MAY NOT pass while driving upon a two-lane road with traffic moving in the opposite direction:

- Where there are visible signs reading "DO NOT PASS" or "NO PASSING ZONE"
- Where a solid yellow line is painted on your side of the center line
- When traveling upon hills or curves
- At intersections
- When you are within 100 feet of a bridge, viaduct, tunnel or railroad crossing.

You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.088 - One-way Roadways and Rotary Traffic Islands, the Department of Transportation and local authorities, have the authority to designate any highway, roadway, part of a roadway, or specific lanes of traffic to proceed in one direction at such times, so long as such indication is indicated by official traffic control devices. When a roadway, part of a roadway, highway, etc. has been designated for one-way traffic, any vehicles on such roadway must be driven only in the designated direction. Any vehicles passing a rotary traffic island must be driven only to the right of such island.

A violation of the provisions of this statute is considered a noncriminal traffic violation, punishable as a moving violation.

Good driving consists of practice and being alert while behind the wheel. Florida drivers need to ensure nothing interferes with their ability to see the road, react to situations or operate their vehicle properly. Florida drivers must stay alert as to what is going on around them and never take their eyes off the road. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website, specifically Section 316.083 - Overtaking and Passing, Florida Statutes.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.089 - Driving on Roadways Laned for Traffic Florida drivers must comply with certain rules and regulations under this statute. When driving on a Florida roadway that is divided into two or more clearly marked lanes for traffic, the following rules apply:

- Drivers shall drive their vehicle as nearly as practicable entirely within a single lane and shall not move their vehicle from their said lane until they have first ascertained and determined that such movement can be made with safety.

Drivers in Florida need to aware of the challenger and obstracles they could potentially face on Florida roads and highways. Sometimes, a driver cannot control the many hazardous conditions and situations present on the road, Florida drivers should earn how to drive defensively and how to avoid such hazards. Intersections are a common place for car collisions. Florida drivers should never pass another car or change lanes at an intersection without it being safe to do so. Because of the high volume of traffic at an intersection, Florida drivers should never make any sudden changes. Doing so could easily cause an accident. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.089 - Driving on Roadways Laned for Traffic, Florida drivers must comply with certain rules and regulations under this statute. When a Florida roadway has been divided into two or more clearly marked lanes for traffic, the following rules apply:

1. Drivers must drive their vehicle as near as practicable within a single lane and shall not move from said lane until they ascertained and determined that such movement can be made with safety;

2. When driving upon a roadway that is divided into 3 lanes and provides for two-way traffic, drivers shall not drive their vehicle in the center lane, except when overtaking and passing another vehicle traveling in the same direction, provided the center lane is clear of traffic within a safe distance, when in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding.

Drivers in Florida need to aware of the challengers they could potentially face. Sometimes you cannot control the many hazardous conditions and situations present on the road, Florida drivers should earn how to drive defensively and how to avoid such hazards. You can read more Florida Traffic Laws on the Wood, Atter & Wolf, P.A. website, specifically Section 316.083 - Overtaking and Passing, Florida Statutes.

A 27-year-old man of Orange Park, Florida, sustained serious personal injuries in a six-vehicle crash in Fleming Island, according to the Florida Highway Patrol. According to news reports, the man was traveling in the wrong direction on U.S. 17 before the accident occurred. Per the Florida Highway Patrol Press Release, Christopher Luke Paquette was traveling North just before 11 p.m. and stopped to make a left-hand turn into Eagle Harbor Parkway. However, instead of turning, Paquette drove into the southbound lanes on U.S. 17 and proceeded to travel north toward oncoming traffic. Paquette's truck eventually collided with 3 vehicles. The third collision into a Chevy Lumina sent the Lumina spinning and into another southbound car, while the truck driven by Paquette made its final collision into a Kia Rio. Two people were hospitalized as a result of the collision, Paquette and a passenger in the Kia Rio. Paquette was transported to Orange Park Medical Center. The passenger of the Kia Rio, identified as 16-year-old Kyle Jesperson of Fleming Island, was transported to Shands Jacksonville where she was later listed in stable condition. The crash report by the FHP did not list any charges filed. For more details read Orange Park man seriously injured in 6-vehicle crash on U.S. 17.

Florida drivers should always remain alert and focused while driving on Florida roadways.

A Jacksonville man sustained life threatening injuries from an automobile accident that occurred on San Pablo Road. The accident occurred in the southbound lanes of San Pablo Road near the entrance to the Mayo Clinic. According to officials, the driver of a pickup truck stopped in the southbound lane to pick up building materials that had fallen out of his truck. One vehicle swerved out of the lane to miss the driver of the pickup truck, but the man was struck by a second vehicle. R.A. Harville of the Jacksonville Sheriff’s Office said that the driver’s view was obstructed by the vehicle that made the evasive move. The victim sustained major personal injuries, and he was taken to Shands Jacksonville Medical Center for treatment. Police said that another automobile wreck occurred in the northbound lanes of San Pablo due to the driver looking at the first accident.

The leading cause of most automobile accidents and near accidents is driver distractions. According to a study by the National Highway Traffic Safety Administration and Virginia Tech Transportation Institute, 80 percent of crashes and 65 percent of near-crashes involve some sort of driver distraction. Further, the distraction occurred within three seconds of the vehicle crash. According to the study, the top five actions that occurred before a crash were: cell phone use, reaching for an object inside the vehicle, looking at an object outside the vehicle, reading, and applying makeup.

It order to avoid automobile accidents on Jacksonville's roadways, it is important that all Jacksonville drivers exercise caution and avoid distractions when driving. For more information on this topic, see Man Struck In San Pablo Road Crash.

A bicyclist suffered serious injuries after being struck by an automobile in Jacksonville, Florida. According to officials, Appalonia Nelson, 20-years-old, was crossing Mayport Road close to Mayport Middle School when she was hit by a car. The police said she sustained life-threatening injuries and was flown to Shands Jacksonville Medical Center for treatment; she was in critical condition but then upgraded to serious condition.

The principal at Mayport Middle School, Katrina McCray, said Nelson was once her student and currently works with her at the school. McCray spoke highly of Nelson, and said that she was a quiet, sweet and overall a good person. McCray said she felt like it was one of her own children that were injured, and everyone at Mayport Middle School has been praying for Nelson.

Many residents of Jacksonville, Neptune and Atlantic Beach ride bicycles as their main form of transportation or for fun. Resident Donny King said that you do not need a vehicle when you live out at the beach. However, King acknowledged that riding a bike in the area can be dangerous. King is careful to watch the road when he rides his bicycle. Resident Romona Offer said that a lot of people who live in Atlantic Beach know they are allowed to ride their bicycle on the sidewalks and not all cities allow that. Offer was also hit by a vehicle several years ago while riding her bicycle in Atlantic Beach. For more information on this topic, see Bicyclist, 20, Hit Crossing Mayport Road.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.027 - Crash Involving Death or Personal Injuries, the driver of any vehicle involved in a crash, whether occurring on public or private property, that results in injury of any person has a duty to stop his or her vehicle immediately at the scene of the crash, or as close thereto as possible. Also, the driver of the vehicle has a duty to remain at the crash site until he or she has fulfilled the requirements set out in section 316.062, Florida Statutes. Any driver who willfully violates the provisions of sec. 316.027 commits a third-degree felony.

The following is a list of information driver's involved in crashes that result in death or personal injuries are required to give pursuant to sec. 316.062:

- The driver's name
- The driver's address
- The registration number of the vehicle he or she is driving
- Upon request and if available, the driver shall exhibit his or her license or pert to drive, to any person injured in such crash or to the driver or occupant of or person attending any vehicle or other property damaged in the crash. Licenses or permits shall also be given to police officers at the scene or officers who are investigating the crash.

When a flashing red signal is illuminated, Florida drivers have a to stop at a clearly marked stop line. If no stop line exists, drivers must stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, then drivers must stop at the point nearest the intersection roadway before entering the intersection. The right to proceed through the intersection is subject to the rules applicable after making a stop at a stop sign. Florida Statute section 316.076 - Flashing Signals. However, this provision of sec. 316.076 does not apply at railroad-highway grade crossings; the conduct of drivers approaching such crossings is governed by sections 316.1575 and 316.159 of Chapter 316 - State Uniform Traffic Control. A violation of the provisions of this section is a noncriminal traffic infraction, punishable as a moving violation.

Basically, a flashing red light means the same thing as a stop sign. A flashing red light is used at ALL dangerous intersections.

Traffic signals are places at intersections to keep traffic moving and to avoid crashes. Florida drivers, pedestrians and bicyclists must obey these signals, except when an officer is directing traffic. If a traffic signal appears to be out of order, treat the traffic light as it if were a four-way stop sign.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.071 - Disabled Vehicles Obstructing Traffic, a driver of a vehicle has a duty to keep his or her disabled vehicle from obstructing the flow of traffic. Whenever a driver's vehicle becomes disabled on any Florida street or highway and obstructs the regular flow of traffic, the driver must move the vehicle so as not to obstruct the regular flow of traffic. If the driver cannot move the vehicle alone, the driver must solicit help and move the vehicle so as not to obstruct the regular flow of traffic. Drivers who do not follow the provisions of this statute will be cited for a nonmoving traffic violation.

Maintaining the regular flow of traffic is beneficial to all drivers, passengers and pedestrians on Florida roadways. If your car suddenly becomes disabled it is for your safety and the safety of your passengers to remove the car from the roadway as soon as possible. This is especially true if your car is disabled on a highway or interstate where the speed limit is relatively high. On these faster Florida roadways, cars will not be able to stop as quickly or have a lot of time to see your vehicle in or to avoid being struck.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.073 - Applicability to Animals and Animal-Drawn Vehicles, all Florida drivers of an animal-drawn vehicle upon a Florida roadway are subject to the provisions of Chapter 316 applicable to drivers of standard vehicles, except those provisions which by there nature can have no applications. Also, all the provisions of Chapter 316 applicable to pedestrians, except sec. 316.130(3), apply to any person riding or leading an animal upon a roadway or shoulder thereof.

An "animal-drawn vehicle" is typically a mechanized piece of equipment pulled by one animal or a team of animals.

Basically, this section of Florida Statutes, considers an animal-drawn vehicle like a standard vehicle. Therefore, any person who is operating an animal-drawn vehicle must follow the traffic laws as if they were the driver of a regularly operated, motorized vehicle. (NOTE: "Vehicle" is defined as every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.).

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.075 - Traffic Control Signal Devices, the standard green, red and yellow lights shall indicate and apply to both drivers and pedestrians.

Green Circular Light. Traffic facing a green circular light may proceed through the light or turn right of left with caution, unless a sign a such traffic signal prohibits either such turn. Vehicular traffic turning right or left shall always yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at any time a green circular signal is shown.

Green arrow light. Traffic facing a green arrow signal, whether shown alone or in combination with another traffic signal, may enter the intersection only to make the movement indicated by such green arrow with caution, or such other movement as is allowed by other indications shown. A driver of any vehicle may make a U-turn, unless such movement is prohibited by posted traffic control signs. Such vehicular traffic must yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

Pedestrians, if facing any green signal, expect when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

Two children were struck by a car while walking to summer school in Baker County, Florida. Kristen Connell, 12-years-old, and her younger brother Sean, 11 years-old, were struck by a Ford Focus as they crossed the street of Highway 121. The driver of the vehicle, 29-year-old Tara Nunley was on her way to work at the Department of Corrections. Both the Florida Highway Patrol and Baker County Sheriff’s Office are still investigating the accident and have not filed any charges.

Both children were critically injured from the pedestrian-automobile accident. Kristen was taken to Ed Fraser Memorial Hospital for evaluation and treatment of a fractured leg. Sean was airlifted to Shands Jacksonville Medical Center where he sadly died from his injuries, said the Florida Highway Patrol.

The children’s mother, Angelina Connell learned of the accident from her neighbor who started yelling for her to come outside. She told a news reporter that her son would likely still be alive if there was a crossing guard or a school bus on the Baker County Road. Connell said that she had been worried about her children crossing the road because there is no crossing guard during the summer time. The children were not permitted to ride the school bus because their residence is within two miles from Baker Middle School. Connell said that she will remember her son as a smiling, loving and caring child who always thought of everyone else before himself. For more information, see Mother Mourns Boy Killed By Car.

Pursuant to Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.075 - Traffic Control Signal Devices, a standing yellow lights serves as a warning to vehicular traffic that the green movement is terminated and a red indication will soon exhibited, in order to show that thereafter the vehicular traffic facing the traffic light shall not enter the intersection. As for pedestrians, a steady yellow signal shall indicate to them that there is insufficient time to cross the roadway before a red signal is shown and no pedestrian shall start to cross the roadway.

All Florida drivers and pedestrians shall comply with traffic signals. A yellow light serves as a warning to vehicular traffic and pedestrians that a red, or "stop," signal is soon approaching. Drivers should not treat this warning as an excuse to speed up and fly through an intersection. Pedestrians shall do the same and not attempt to run across a crosswalk when a yellow signal is showing. Complying with traffic signals ensures safer Florida roadways for both drivers and pedestrians.

In a new study involving automobile accidents and teen drivers, 68 percent of teens said that they have narrowly avoided a crash, and more than half said they have had more than one close call in the past year. Liberty Mutual Insurance and Students Against Destructive Decisions (SADD) surveyed more than 2,000 students in 28 high schools for the study. Of the students that said they have had a close call in the last year, 55 percent blamed other drivers or bad weather, yet when they were asked what they were doing at the time of the near accident, 30 percent said they were speeding, 21 percent said they were texting and 20 percent said they were conversing with other passengers in the car.

According to the Centers for Disease Control and Prevention, teens are four times more likely to be involved in an automobile accident than older drivers. The CDC estimated that approximately 2,000 teens were killed in automobile accidents during 2009 and 350,000 were treated for personal injuries.

The Liberty Mutual/SADD study showed that teenagers are more likely to change their driving habits after being involved in a car crash. Only 36 percent said that their habits changed only for a few months, whereas the rest said that they changed their habits permanently. For parents who want to monitor their teens driving behavior, smart phone applications such as iGuardianTeen and Speedbump are available. In addition, navigation devices such as MobileTeen GPS are also available. For more information on this topic, see Most teen drivers admit to narrowly avoiding an accident.

In Tampa, Florida, two people riding on a motorcycle were killed during a hit and run accident. According to the Florida Highway Patrol, the accident occurred at the intersection of U.S. 41 and Universal Drive in southern Hillsborough County.

62-year-old Thomas Steven Colson and 69-year-old Galilee Wells Howard were riding on a 2009 Big Dog motorcycle when an oncoming 1998 Buick Park Avenue turned in front of them. Investigators reported that the the driver of the car, 52-year-old Susanne Marie Myers Meyers, was traveling south on U.S. 41 and tried to turn left onto Universal, but crossed the motorcycle’s path. Both Colson and Howard were ejected from the motorcycle during the crash. Neither was wearing a helmet and both sadly died at the scene, according to the FHP (Florida Highway Patrol).

Myers was not injured. She left the scene and drove home to Metro Drive, about a mile from the scene, said the FHP. Authorities are still investigating the crash.

A hit and run, also known as leaving the scene of a crash is a serious criminal offense under Florida law. As such, it carries serious criminal punishments including: large fines, possible jail or prison time, revocation or suspension of your Florida driver’s license, and an increase in auto insurance premiums for years to come. Florida law addresses the criminal offense of leaving the scene of a crash differently under statutes depending on whether another occupied vehicle was involved, the extent of the property damage and whether any personal injury or serious bodily injury was caused.

When there is a death involved in a Florida Automobile / Motorcycle Accident, the Florida Highway Patrol and / or local law enforcement conduct a detailed investigation to determine the cause and preventability of the accident. In addition to the police investigation, a victim and / or driver involved in an automobile / motorcycle accident can also retain a private attorney, investigator, and engineer to conduct an independent investigation into the cause and preventability of the accident.

For more information on this topic, see 2 killed in hit-and-run motorcycle crash.

A new study suggests that even one single glass of wine or beer can raise blood-alcohol concentrations enough to increase the risk of an automobile accident. The study was published in the journal Addiction, and researchers analyzed national data on fatal automobile accidents during 1994 and 2008. If the study is accurate, it means that there is a greater chance for an automobile accident in Jacksonville Florida and surrounding North Florida areas when a driver gets behind the wheel after consuming an alcoholic beverage.

According to the study, no amount of alcohol was safe for driving. The investigators found that even with minimal amounts of alcohol in a driver’s blood, there were 4.33 serious injuries for every non-serious injury compared to 3.17 serious injuries for sober drivers. The author of the study, David Phillips, a sociologist at the University of California, San Diego, said that ‘accidents are 36.6 percent more severe even when alcohol was barely detectable in a driver’s blood.’

The researchers found three factors that help explain their findings. Philips said that “buzzed” drivers were more likely to speed, improperly wear their seat belts and drive the striking vehicle. In addition, the researchers found a relationship between the driver’s alcohol consumption and the above factors. For example, the greater the driver’s blood-alcohol concentration, the greater the average speed of their vehicle and the more severe the resulting accident.

The authors of the study said that the new findings should encourage U.S. law makers to enact stricter laws against driving under the influence. For more information on this study see, Study: Even one Glass of Beer, Wine Boosts Car Crash Risk.

Two men sustained life threatening injuries when they were ejected during a pickup truck accident in Gainesville, Florida. According to the police, the accident happened near the intersection of Northwest County Road 231 and State Road 121. Lieutenant Mike Schibuola said that the driver, Richard Wills, 38, and his passenger Justin Mantz, 24, became airborne after their vehicle went off the side of CR 231 and hit a culvert. Wills and Mantz were ejected as the truck rolled over, said Lt. Schibuola. The Gainesville Police Department said both men were taken in critical condition to Shands at the University of Florida. Neither man was wearing a seat belt, according to Lt. Schibuola.

The primary purpose of a seat belt is to increase the chances of survival of yourself and others in the car in the event of an automobile accident on highways, expressways or local roads. Florida law is very specific about how passengers should wear a seat belt. Regardless of age, all front seat passengers always wear a seat belt. In addition, all passengers under 18 years old must wear a seat belt or otherwise be restrained by a child car seat. This law applies to all cars, pickup trucks and vans operated on Florida's roads.

For more information on this topic, see Two men ejected from pickup truck in crash.

A North Dakota native died as a result of an automobile accident in Baker County. Paul VanNess, 47, of Sykeston, North Dakota, was in Baker County to attend his father’s funeral the previous day. According to the Florida Highway Patrol (FHP), the accident occurred at the intersection of US 90 and CR 23A (Lowder) in west Macclenny. VanNess, was a passenger in the 2004 Chevrolet Impala driven by his mother, 74-year-old Carolyn P. VanNess of Macclenny. They were traveling northbound on Lowder through the intersection when a westbound truck failed to stop at a red light and struck the passenger side of the car, according to the FHP. The driver of the truck was 34-year-old Amos Smith of Jacksonville. Carolyn VanNess sustained serious injuries and was taken to Shands Jacksonville for treatment.

The purpose of red lights is to help ease the flow of traffic. As our country’s population grows, so does the amount of red lights at intersections. Unfortunately, red lights do not ease traffic jams for those drivers who are “in a hurry”; this often cited excuse for running red lights is a common factor in automobile accidents. In addition, another group of red light runners are those drivers that are inattentive or distracted. For more information on this topic, see man killed in Baker County accident.

Good Samaritan James Michael Ledford, 34, was tragically killed as a result of a hit- and- run automobile / pedestrian accident. According to the Florida Highway Patrol (FHP), Ledford was riding in a pickup truck on State Road 415, south of Osteen when a motorcycle crossed the centerline and crashed into his vehicle. After the initial crash, Ledford quickly got out of his vehicle to check on the motorcyclist trapped under the truck, who later died. Ledford was then struck by a fast approaching vehicle that swerved to miss the truck but hit him instead. The driver of the vehicle did not stop, and left Ledford behind with severe injuries.

Ledford knew he was severely injured but managed to call his mother, Bernice Mims, and tell her that he had been run over. The man’s sister, Aleeca Ledford, said the call was gut- wrenching. Ledford sadly died at Central Florida Regional Hospital in Sanford. His father was also killed in a motorcycle accident years ago in Indiana.

The (FHP) said they have no information about the vehicle that hit Ledford. Sergeant Kim Montes of the FHP said that often pieces of a hit-and-run vehicle are found at the scene, but in this case there was nothing. This is likely because Ledford was low in the roadway when he was struck, according to Montes. She said that their best hope in solving the hit-and-run is for a passenger in the fleeing vehicle to come forward with information. For more on this topic, see who ran over, killed Sanford man helping dying biker?

Florida Statute 316.027 requires that the driver of any vehicle involved in a crash that results in injury or death of a person must immediately stop the vehicle at the scene or as close as possible. Any person who willfully violates this statute can be subject to a felony in the first degree for an accident resulting in death, and a felony in the third degree for an accident resulting in injuries.

Florida is a popular state for motorcyclists given the year-round sunshine and warm temperatures. Unfortunately, Florida also ranks as one of the deadliest states in regards to fatal motorcycle crashes each year.

In rural eastern Osceola County a motorcyclist died after riding into a trailer pulled by an RV. The 59-year-old deceased man was from DeLand, but his identity was not released because the next-of-kin had not been notified. According to the Florida Highway Patrol (FHP), the accident occurred on U.S. Highway 192, east of Hibiscus Road. The motorcycle fell over after it struck the rear of the trailer, and the driver was thrown onto the road, said the FHP. The reports said the motorcyclist was wearing a helmet. The RV occupants were not injured.

According to the National Highway Traffic Safety Administration statistics, 413 people died in motorcycle accidents in Florida in 2009. In addition, there were a total of 8,313 motorcycle accidents in Florida in 2009, with 7,435 resulting in injury, according to figures from the Center for Urban Transportation Research (CUTR). While any motorcyclist faces the risk of an accident, the CUTR statistics show that certain populations face more of a risk than others. Listed below are the top five risk groups according to the CUTR findings for 2009.

• Males ages 45-54: 1,465 victims out of 6,803
• Males ages 25-34: 1,338 victims out of 6,803
• Males ages 35-44: 1,242 victims out of 6,803
• Males ages 55-64: 900 victims out of 6,803
• Males ages 21-24: 771 victims out of 6,803

Regardless of what the numbers say, any rider can sustain serious injuries from a Florida motorcycle accident such as traumatic brain injury, spinal cord injury or even death. For more information, see motorcyclist strikes rear of trailer, dies on U.S. 192

Three adults and three children were hospitalized after their Jeep utility vehicle flipped multiple times off a highway in Jacksonville. According to the Florida Highway Patrol (FHP), the accident occurred when the driver of the vehicle, Patrick Gould, was merging from the westbound lanes of Interstate 10 toward the northbound on-ramp on Interstate 295. The FHP said that Gould, 41, lost control of the vehicle. The vehicle hit a tree and rolled over several times before coming to a stop on its roof. Gould and a four-year-old boy sustained serious injuries and were taken to Shands Jacksonville for treatment along with 25-year-old Joseph Henderson, who sustained minor injuries. Other passengers including Shawn Henderson, 28, and two girls ages 6 and 12 sustained minor injuries and were taken to Baptist Medical Center for treatment. At least two of the passengers involved in the accident were not wearing seat belts, said the FHP.

The deadliest risk facing Jacksonville’s SUV, minivan and truck owners is a rollover accident. According to the National Highway Traffic Safety Administration, there are approximately 280,000 rollover accidents and 10,000 fatalities reported each year. The majority of rollover accidents are directly related to a vehicle’s stability in turns. The stability depends on the correlation between the center of gravity and the track width, which is the distance between the left and right wheels. A vehicle can become unstable during fast turns and a sharp change of direction when there is a high center of gravity and a narrow track. This problem is most common in a four-wheel-drive pickup trucks and sport-utility vehicles because they have a higher ground clearance for off-road driving.

For more information on this topic, see Jacksonville 4-year-old critically injured after jeep rolls of interchange of interstates 10 and 295.

Robert T. Lee, 46, was tragically killed in a three-vehicle crash in West Pensacola, Florida. The Florida car crash occurred near the intersection of Gulf Beach Highway and Tifton Avenue. Lee was traveling eastbound on Gulf Beach Highway in his 1982 Volkswagen Beetle. According to the Florida Highway Patrol, Lee crossed into the Westbound lane of Gulf Beach Highway and into the path of 64-year-ol Carroll J. More, striking Moore's pickup truck. The contact between the two vehicles spun Lee's Volkswagen counterclockwise, eventually striking a Honda minivan that was also traveling westbound behind the pickup. Moore sustained minor personal injuries, Moore's passenger, 12-year-old Autumn Moore, was not injured. Traci D. High, driver of the minivan, sustained serious personal injuries, High was transported to Sacred Heart Hospital. High's passenger, 4-year-old Maximilian High, suffered minor personal injuries and was also transported to Sacred Heart. David Howe, of Perdido Key, was traveling behind the minivan when the 3-vehicle crash occurred. Howe, a former dive medical technician, told authorities that although he witnessed the crash, he could not tell authorities what exactly happened or who was at fault. Howe attempted to provide medical assistance to Lee before his tragic death. For more details read Man tragically dies in 3-car crash in Pensacola, Florida.

The death of this man is a tragedy for his family and community. Automobile accidents are a leading cause of death among adults and especially among children and teenagers. Florida drivers need to use due care and caution when behind the wheel of an automobile. Drivers should not engage in distracted driving behaviors such as talking or texting on a cell phone, eating, drinking, grooming, listening to loud music and talking with passengers while driving.

A St. Augustine, Florida, woman recently died in a car crash in Clay County, Florida. According to troopers of the Florida Highway Patrol, Robin Challberg, 57, was traveling eastbound on County Road 220 in her 2002 Volkswagon when she came into contact with a Toyota Camry. The driver of the Toyota was identified as Thankvan Vo of Orange Park. Troopers say Vo failed to stop at a red light and struck the Volkswagon on the left side. Challberg was taken to Shands Hospital, she was later pronounced dead. The report by the FHP revealed that charges are pending further investigation. For more read St. Augustine, Florida woman tragically killed in Clay County car crash.

Car accidents are a leading cause of death for adults, teenagers and children. Florida drivers need to stay attentive and keep their focus on the road. A factor in many Florida car accidents is distracted driving. Distracted driving includes talking and texting on a cell phone, eating, drinking, grooming, talking with other passengers and listening to music too loudly. These behaviors take a driver's attention off the road and increase the likelihood that the driver will be involved in a car crash.

A Tampa man was recently hospitalized after he was dragged for several hundreds of feet by a car while he attempted to break up a fight. The victim, 47-year-old Benjamin York, was dragged approximately 420 feet under a vehicle driven by a man York attempted to cool down. While attempting to break up a fight at a party, police say York fell to the pavement, became caught under the car and was dragged hundreds of feet. York was reported in stable condition at Tampa General Hospital. The suspect got into a fight with several people who were also attending the party, no other details are currently available. Witnesses said the suspect drove off in a white Mercury with a broken windshield and a tail light with tape over it. For more read Man suffers personal injuries after dragged under car in Tampa, Florida.

The suspect, although innocent until proven guilty, may face charges of leaving the scene of an accident. Pursuant to 316.027, Florida Statutes (2011), a driver in the state of Florida has a duty to remain at the scene of the accident until all responsibilities are met, where that accident caused damaged to property or injury to a person. If you would like to read the plain language of the Florida Statute please see Duty to Stop at Accident Involving Personal Injuries - Section 316.027, Florida Statutes.

Once again, the use of a cellular phone / distracted driving caused a horrendous crash, inflicting injuries onto six victims. The crash occurred on Beachline Expressway in Florida after the driver of a Nissan pickup truck looked down to answer his ringing cell phone and lost control of his vehicle. It was reported that the driver of the truck, 30-year-old Adam Hull, was traveling westbound in the outside lane of Beachline Expressway near marker 41. According to the Florida Highway Patrol, Hull moved his gaze down to answer his ringing cell phone causing him to lose control of his pickup. Hull then veered his truck into the median, overturned and continued moving into the inside eastbound lane of Beachline Expressway. Hull's truck eventually crashed into a GMC SUV, driven by Alexander Gasbarro, 28, of Manchester, New Hampshire. Gasbarro stated he was unable to stop in time to avoid the pickup and struck the left rear side of Hull's truck. Hull was taken to Wuesthoff Medical Center Rockledge with minor personal injuries; Gasbarro was also taken to Wuesthoff hospital along with his 4 passengers: 28-year-old Stephanie Gasbarro; 51-year-old Christine Cormier; 2-year-old William Gasbarro; and 1-year-old Gia Gasbarro. Hull was cited with failure to maintain a single lane. For more read 6 personally injured by distracted driving on Beachline Expressway.

Talking or texting on a cell phone while driving is extremely dangerous and, often times, deadly. Talking or texting while driving has been compared to be as deadly and dangerous as drinking and driving. Using a cell phone takes a driver's attention and focus off the roadway and increases the likelihood of being in an accident - do not use your cell phone while driving, unless in emergency situations.

From 2000 through 2009, federal highway records show that 47,501 pedestrians have died on the nation’s roads. In addition, Orlando, Florida has consistently ranked among the deadliest cities in the nation for pedestrians and bicyclists.

67-year-old Jack Courture was struck by an SUV when he attempted to cross Colonial Drive at Maguire Boulevard by Orlando Fashion Square. He sadly died two days later. Mighk Wilson, a smart-growth planner at MetroPlan (a regional agency that sets transportation policy) said that Couture may not have seen the SUV, or he may have underestimated its speed. Mighk added that it is a very easy mistake to judge the speed of a vehicle.

Wilson compared Couture’s death to the major trends in metropolitan-pedestrian deaths. Wilson’s study of pedestrian-vehicle accidents in 2003-04, 2008-09 and part of 2010 revealed that the majority of accidents occurred on roads with four or more lanes of traffic. The intersection at Colonial and Maguire where Couture’s accident occurred had eight lanes of vehicles. Couture’s death departed from the norm of Wilson’s research in that most pedestrian deaths occurred at night and did not take place at an intersection or cross walk. Also, alcohol and drugs are often involved. Although the investigation into Couture’s death is not complete, he was using a crosswalk in the morning and his friends say he did not abuse alcohol or drugs.

According to studies by Transportation for America, Central Florida has been the nation’s most dangerous area for pedestrians for the last two years. Wilson suggests installing more medians in multilane roads and adding more lights at night and additional crosswalks to improve street safety. For more information on this topic, see wide streets, fast cars, impaired pedestrians a deadly combination in Orlando.

Every year in North Florida, adults and children are involved in crashes while riding in the back of a truck bed. Most commonly these accidents occur in residential areas or school zones but they can occur on highways.

Six children and a man were involved in an accident while riding in the back of a pickup truck on I-95 near Palm Bay, Florida. According to officials, the crash occurred south of Grant Road at Mile Marker 167. Lieutenant Jeff Taylor of Brevard County Fire-Rescue said that the truck had some sort of camper on it. The truck was driven by a 22-year-old and two adults were inside the cab, a mother and a grandmother. The pickup truck’s right rear tire separated and caused the driver to lose control and the vehicle to overturn, said Sergeant Kim Montes of the Florida Highway Patrol. She also said that heat is a known factor to exacerbate problems with worn tires; Melbourne reached a record high of 99 degrees on the day of the accident.

Apparently, the Melbourne trauma center became so crowded that ambulances were diverted to other hospitals so the doctors could treat the crash victims. Lt Taylor said, “In a mass-casualty event like that, our first job is to determine who’s the most critical. But these people were very fortunate. It doesn’t appear anyone was belted in-certainly not in the back.”

Because riding in the back of a pickup truck is so dangerous, it is also illegal in Florida. Sgt. Montes said it is against the law for anyone under 18 to ride in the back of a pickup truck on a limited-access highway. Charges are likely to result from the accident, said Sgt. Montes. For more information, see nine people, including six children, hurt as pick up roll on I-95.

According to statistics, Florida leads the nation in bicycling and pedestrian fatalities. In Largo, Florida, at least the 20th bicyclist was killed within the past year or so while riding on local roads. A report earlier this year about cyclist-vs.-car accidents in Hillsborough County revealed that the blame was split evenly for accidents between 2005 and 2009.

Gregory Gancarz, 55-years-old, was struck and killed by a van on Starkey Road. The police said that the accident occurred in the northbound curb lane in the 1200 block of Starkey Road., and the area of the crash had no streetlights. Investigators also said that the bicyclist did not have a headlight or taillight on the bicycle.

The driver of the van was Lonnie Baumbach, 62 years-old. The police said the van’s speed does not appear to be a factor in the investigation. Baumbach is an independent delivery contractor for the St. Petersburg Times; he has worked for the company for over eight years. The Times’ operations manager for home delivery, Jim Thompson, said that Baumbach had no other driving–related issues or complaints involving his work as an independent contractor.

The Florida Department of Transportation has launched a print, radio, and television campaign to promote pedestrian and bicycle safety. According to the Department of Transportation, the objective of the Pedestrian and Bicycle Program is to promote conditions for safe and effective travel by foot and bicycle in Florida. For more information, see bicyclist killed in Largo accident.

The Fifth District Court of Appeal in Daytona Beach upheld the trial court’s conviction of Diane Katz Santarelli. The trial court charged Santarelli with a misdemeanor of allowing an open house party and contributing to the delinquency of a minor. The charges were based on allegations that at some point during the open house party Jesse Calvin Pitts, a minor, drove from Santarelli’s residence in a vehicle with Taylor Rea Brennan (also a minor) as his passenger. Pitts and Brennan subsequently died in a car crash on State Road 13 after leaving the party. Santarelli’s attorney, Gerald S. Bettman said that she will decide whether she wants to ask the court of appeal to reconsider or take the case to the Florida Supreme Court. For more information, see court rules against house party mother.

An open house party was traditionally referred to as a party or social gathering that is scheduled for a period of hours, sometimes for an entire day, with no set time of arrival or departure. However, more recently open house parties often refer to parties at a house involving primarily young persons, under the age of 21, that drink alcohol and take illegal drugs. Florida Statute 856.015 defines an illegal open house party as:

No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug.

A violation is punishable as a second degree misdemeanor. For more information on Open House Party laws, see Florida Statute 856.015.

Although overall traffic deaths appear to be on the decline, the number of pedestrian traffic deaths seems to be on the rise, according to data provided by the Governors Highway Safety Association.

In Escambia County, Dustin Blake McFadden Smith was tragically struck and killed by two semi-trucks. The accident occurred on Highway 29 in Bluff Springs. According to the Florida Highway Patrol (FHP), Smith 21 was standing in the outside southbound lane of Highway 29 near Byrneville Road when he was first hit by a semi truck drive by Russell A. Joseph, of Repton, Alabama. Smith was then struck again by a semi driven by Ashley Wayne Hawkins, of Dozier, Alabama. She was unable to see Smith in the roadway because of poor lighting, said the FHP.

Both trucks stopped after the accident, and one of the truck drivers called 911 to report that they hit a pedestrian. Smith was found by Escambia County's first responders lying in the road of Highway 29 and was announced dead at the scene. The FHP believed Smith may have been involved in a single vehicle crash prior to being struck by the semi trucks; Smith’s vehicle was found at the edge of a wooded area off the roadway. According to the FHP, charges are pending the results of the traffic homicide investigation.

Florida follows California with the highest number of pedestrian deaths. According to the Governors Highway Safety Association report, there were more pedestrian accident fatalities in 2010 than in the previous four years. For more information on this topic, see pedestrian struck and killed on highway 29.

After 16 years with the Osceola County Sheriff’s Office, Sergeant Mike Setvin’s career came to a tragic end after a pedestrian- motorcycle accident. The accident occurred on U.S. Highway 192 in St. Cloud, Florida. According to the Florida Highway Patrol, Setvin 44 was struck by a 2000 Harley Davidson motorcycle when he was walking across U.S. highway 192 from north to south near Simmons Road. He was not on duty.

Sergeant Setvin was pronounced dead at the scene. Sheriff Bob Hansell said in a prepared statement, “This is a tremendous loss to our agency and to the community. Sgt. Setvin was a dedicated law enforcement officer and will be greatly missed. Our heartfelt thoughts and prayers are with his family during this difficult time.”

The driver of the motorcycle, Michael Hoadley, 52, sustained minor injuries. The passenger, Mary Schneider, 45, sustained major injuries and was transported to St. Cloud Hospital for treatment. Neither of the riders wore a safety helmet.

According to preliminary data from the National Law Enforcement Officers Memorial Fund, traffic fatalities were the leading cause of officer fatalities for the 13th year in a row. There were 73 traffic-related fatalities in 2010: 50 officers died in automobile crashes; 16 officers were struck and killed by automobiles while outside of their vehicle; one died in a bicycle accident, and; six officers died in motorcycle crashes. Texas, Florida and California were in the top three states with fatalities.

For more informatin on this topic, see Off-duty Osceola sheriff's sergeant struck, killed by motorcycle.

According to statistics, automobile accidents are the leading cause of death for people between the ages of three and 34 in the United States.

In the Northside of Jacksonville, a woman was tragically killed in a car crash. According to the police, Ulanda Peterson was a passenger in a vehicle that was traveling northbound on Lem Turner Road. The police said that the driver of the vehicle lost control and struck a concrete utility pole near the intersection at Broward Road. The driver was propelled out of the vehicle and sustained serious injuries. The car caught on fire after the collision, and Peterson was trapped inside. She was sadly announced dead at the scene. Police are investigating. For more information, see 34-year-old woman killed in firey crash.

The best way to reduce the chances of you or a loved one being in a car accident is to practice safe driving. Whether you are just learning how to drive or have been driving for years, it is always a good idea to review safety tips. Here are a few reminders:

- Never drive under the influence of alcohol. Even at low blood-alcohol levels, intoxication can reduce reaction time, coordination and lowers inhibitions. At higher levels, intoxication can cause blurred or double vision and even worse, loss of consciousness.
- Do not speed. Research has proved that for every mile per hour you drive, the risk of a car accident increases by four to five percent.
- Avoid using cell phones while driving. This seemingly harmless activity caused 2,600 deaths nationwide per year, according to estimates.
- Get a good night’s sleep. 20 percent of all accidents have drowsiness as a contributing factor. Try to get a solid eight hours of sleep on a regular basis, not just the night before a long drive. Failure to get a good night’s sleep every night can build a sleep deficit that can leave you drowsy and unable to focus.

For more safety tips, view the top 10 safe driving tips.

A 55-year-old man was tragically killed while riding in a taxi cab. According to Florida Highway Patrol troopers, a dump truck struck the taxi and pushed the cab about 220 feet forward. The driver of the dump truck, 49-year-old Edwin Canales of Kissimmee, Florida, was driving westbound on State Road 528 a little before 2:00 a.m. when he collided with the taxi cab near mile marker 9. The cab driver, 39-year-old Fleurinat Estephene of Orlando, Florida, is reportedly in critical condition at Orlando Regional Medical Center. FHP troopers said Estephene was not wearing his seat belt. The cab's passenger, 55-year-old Claude Altidor died at the scene. Canales did not sustain any personal injuries. Currently, Florida officials have not explained why Canales struck the cab. For more read Man killed while riding in a taxi after cab struck by dump truck.

The death of this man is a tragedy for his family and community. Florida drivers should use due care and caution at all times while driving. Drivers should also refrain from engaging in distracted driving behaviors such as talking or texting on a cell phone while driving, eating or grooming, listen to music too loudly and talking to other passengers. Not participating in these types of activities will increase your visibility and reaction time while decreasing your chances of being involved in an automobile accident.

Wanda Evete Keyes, 41, of Orlando was killed in a tragic car accident involving a detached trailer. Richard McReynolds, 42, of Orlando was towing a barbecue smoker on a trailer attached to his 1998 Lincoln Navigator. According to the Florida Highway Patrol, he was traveling on Old Winter Garden Road near Deleon Avenue when the smoker-trailer became detached, and crashed into the front left side of Keyes 1998 Ford Mustang; she died at the scene. Charges in the crash are pending.

If you tow a trailer in Jacksonville, you are subject to new and different challenges on the roadway. Towing a trailer is no small responsibility and should be undertaken with great caution and an eye toward safety first; an accident with a tow vehicle and trailer can have much greater consequences than accidents involving a small car. Whether you tow a barbecue smoker, small boat, a vacation trailer, or a cargo trailer, balancing the load and preparing the vehicle and trailer are critical to safe handling.

One of the most critical factors to safely operating a trailer is to know the weights involved and where they are placed. The first thing to determine is how much weight is being towed and confirming that it is within the towing capacity of the vehicle and other equipment being used; determining where the heaviest load is placed is critical to the way that the vehicle will handle on the road. For more information on this topic, see BBQ smoker trailer detaches from SUV, kills woman in another vehicle.

When North Florida (Jacksonville, Orange Park, and Jacksonville Beach) car accidents occur, there are inherent risks for everyone involved. One of the factors that increase the risk of injury or death to a person involved in a car accident is ejection. People who are ejected from their vehicle during an accident are three times more likely to die as a result, according to the National Highway safety Transportation Administration.

Detective Darrell Edmonds of the Traffic Homicide Unit in Jacksonville, Florida said that a woman was ejected from a white Cadillac the morning of Memorial Day. Edmonds said that the car was heading southbound on Old Kings Road when the driver swerved and over-corrected. The car rolled over, and the 37-year-old woman passenger was ejected. She sadly died at the scene. The driver was uninjured.

Injuries that result from ejection can be catastrophic. They may include bone fractures, amputated limbs, scaring, disfigurement, head injury, traumatic brain injury, neck injury, spinal cord injury or death. Ejection from a vehicle during an accident is most likely caused by not wearing a seatbelt, seatbelt wear or defects, defective doors or windows, or weak roofs/sunroofs. For more information on this topic, see woman killed after being ejected in Northwest Jacksonville crash.

Continue reading "Fatal Automobile Accident on Memorial Day in Jacksonville Florida" »

In Putnam County, Florida, the Florida Highway Patrol reported that a motorist hit a pedestrian in Interlachen and then fled the scene. It was reported that the driver was described as a man with brown hair who was about 5 Feet 10 Inches tall and weighed about 170 pounds. The vehicle was described as a older model white car. This general details may not be enough to track down the driver or the vehicle. Hopefully, the Florida Highway Patrol and other law enforcement are successful in locating the driver who was involved with this incident. The victim of this Florida hit and run accident was transported to Shands - University of Florida - Hospital.

It is the law in Florida to render aid and support to other drivers, pedestrians, and bicyclists when there is a motor vehicle accident. Pedestrians, bicyclists, and motorcyclists are at risk for severe injury when there is a motor vehicle accident. It is certainly an act of cowardice to flee an accident when a Florida Pedestrian Suffers Serious Personal Injuries.

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" »

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.

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 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.

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.

A recent 3-car wreck on West Beaver Street in Jacksonville, Florida, caused personal injuries to multiple victims. The worst of the nine victims was Officer Terry A. Thiem, 45, a 6-year veteran of the Jacksonville Sheriff's Office. Thiem's patrol car collided with two other vehicles while he was responding to a burglary call around 7:15 a.m. Thiem was traveling westbound on Beaver Street when 30-year-old Katrina Bobbitt attempted to turn left onto the road from Line Street. Bobbitt's Pontiac Grand Prix struck the side of Thiem's patrol car. The impact caused the patrol car to spin counterclockwise and into the path of an eastbound Pontiac Vibe with five teenage passengers and a 34-year-old driver inside. The trunk and hood of the patrol car were torn open and the rear bumper was practically peeled off. The Vibe sustained damage to the driver's front corner and the front of the Grand Prix was heavily damaged. The roof of the Vibe had to be removed in order for paramedics to reach the passengers. Thiem was ejected from his patrol car and into the street. He was taken to Shands Jacksonville in critical condition. Bobbitt had her 5-year-old child in the car with her but the two were not hurt, both were reported to have worn seat belts. Danny Lashawn Jones, the driver of the Vibe, suffered serious personal injuries. The passengers in the Vibe were Larrance Stanley, 13, and Monisa Wright, Jameisha Moultrie, Garrison Wright and Preston Hordage, all 14. Only Monisa wore her seat belt, but all the Vibe's passengers suffered minor personal injuries. For more read 3-car wreck in Jacksonville, Florida sends JSO Deputy to Shands Jacksonville in critical condition.

Six people were involved in a car accident near Six L's Farm Road near the Lee-Collier County line, 2 were killed and 4 sustained personal injuries. The crash occurred near midnight. 43-year-old Randall Landry was identified as the driver of the pickup. According to the Florida Highway Patrol, Landry, a Naples resident, turned right into an unpaved loading dock then steered hard to the left. When Landry attempted to do a donut in the open lot the truck rotated and began to rollover. Landry was ejected and another passenger, identified as Jose Antonia Castillo, was partially ejected. The picked landed on its side, pinning Castillo and Landry, both died at the scene. The other passengers included 26-year-old Savannah Landry and 33-year-old Jessica Guzman, both suffered serious personal injuries. 27-year-old Sarah Elizabeth Castillo and 33-year-old Roberto Guzman both suffered minor personal injuries. According to the accident report, no one was wearing a seat belt at the time of the accident. For more read 2 killed, 4 personally injured after pickup truck rolled over near Lee-Collier County line.

In Jacksonville, Florida, a rear end accident ended the life of Charles Biehler and caused serious personal injuries to Susan Biehler. The Florida Highway Patrol reported that a white pick up truck driven by Robert C. Charles rear ended the Honda CRV occupied by the Biehlers. FHP further noted that Mr. Charles was driving erratically at a high rate of speed. The accident took place near Baymeadows Road at approximately 11:00 a.m.
See Update: Troopers Release New Details About Fatal Philips Highway Crash.

Both Phillips Highway and Baymeadows Road are major roadways in Florida. Traffic and back ups are common on these roads. Because of this, drivers should be prepared to stop and slow down on roads / streets like Baymeadows Road and Phillips Highway.

Jacksonville is known as the largest city (land mass) in the United States. Because of this, we have several main roadways and highways in town that attract traffic and delay.

In Jacksonville, Florida, a mother of three and a pre-med student (Yvonne Roberts) died in a motorcycle accident that took place last week. Yvonne was riding the motorcycle on Lem Turner Road in the area near Trout River Boulevard on the Northside of town in Jacksonville, Florida. According to the Jacksonville Sheriff's Office, another driver (Latoysha Blankenship) turned her vehicle off Bayview Avenue and caused Yvonne Roberts to crash into the side of the vehicle. Yvonne Roberts suffered serious personal injuries as a result of this automobile / motorcycle accident. In particular, Yvonne Roberts suffered fractures to the pelvis, face, neck, and back. She also suffered a serious brain injury. Subsequent tests revealed that there was no signs of brain activity. The life of this 28 year old woman with such a bright future ended as a result of these injuries. The death of Yvonne Roberts is a loss for her family, church, and the community. The driver of the other vehicle unfortunately and in violation of Florida law fled the scene and was later arrested. The other driver will be entitled to representation by a Florida criminal defense attorney or the Public Defender's office.

Motorcycles are common in North Florida and the rest of the State. Drivers should pay close attention and keep in mind the catchphrase "Watch Out for Motorcycles." See
Motorcyclist In Hit-And-Run Crash Dies - 28-Year-Old Mother Of 3 Critically Injured In Crash Last Week.

In Hastings (St. Johns County) Florida, a tragic accident was reported on the St. Augustine Records website. The accident took place on a Sunday night on County Road 13 near Cow Pen Branch Road. The accident scene was located near Hastings. It was reported that the driver of the vehicle lost control of the 2006 Nissan Altima and hit a tree. The passengers in the vehicle (Sharon Pallet and John Currier) died as a result of the automobile accident. Since there were deaths involved, a full investigation will be completed by the St. Johns County Sheriff's Office and / or the Florida Highway Patrol. See Two in Fatal Crash in St. Johns County Florida Identified.

Automobile accidents in North Florida and the rest of the State of Florida tragically cause serious personal injuries and the deaths of residents and visitors to the State of Florida. Many such automobile accidents are avoidable if drivers obey the speed limits, follow road signs and traffic signals, yield traffic to the vehicle with the right of way, and properly maintain the vehicle so that all working parts including brakes, steering, and tires are in safe working order.

In Jacksonville, Florida, a tragic automobile accident was reported in the Florida Times Union newspaper. Sadly, Chanel Monique Boone from Fayetteville North Carolina lost her life. Chanel was the passenger in a vehicle (Toyota Scion) driven by Ashley Michelle Ball. The Scion was involved in an automobile accident with a 2011 Toyota FJ Cruiser. It was reported that David Brian Hammer, 48, of Orlando was the driver of the FJ Cruiser also suffered injuries in this deadly automobile accident. The accident took place on 9A which is one of the major roadways that runs through Jacksonville, Florida. Automobile accidents are an unfortunate and tragic reality in and around the City of Jacksonville, Florida. Jacksonville is known as the largest land mass city in the United States. Due to the size of the City, drivers / passengers must often times travel a great distance to go from place to place. 9 A Crash Ends Life of North Carolina Woman and Causes Serious Personal Injuries to Others.

Florida has specific laws in place that pertain to automobile accidents, automobile insurance, medical benefits, and death benefits. Often times, people misunderstand the term Florida No Fault Law. Florida does not give immunity to those who are at fault for accidents. The Florida No Fault Law merely directs how insurance benefits are paid out and applied. Furthermore, there is a requirement that an injury victim suffer a permanent type of injury to claim damages for pain, suffering, and loss of enjoyment of life. While there are some restrictions with Florida's laws, there is no immunity to a person who drives negligently and causes serious personal injuries and / or death to others.

Clay Today staff

JACKSONVILLE -- An Orange Park woman was seriously injured and her passenger was killed early Tuesday, April 19, when their vehicle was involved in a crash on State Road 9A.

Ashley Michelle Ball, 23, was driving a Toyota Scion that was struck head on by another vehicle going northbound in the southbound lanes of 9A. Ball suffered serious injuries in the accident that happened shortly before 1:340 a.m. a quarter-mile south of Baymeadows Road, the Florida Highway Patrol said. Chanel Monique Boone, 20, of Fayetteville, N.C., was killed. Both were wearing seatbelts, the Highway Patrol said.

The driver of the other vehicle, David Brian Hammer, 48, of Orlando also suffered critical burn injuries when his 2011 FJ Cruiser caught fire after the crash, which involved a third vehicle that was struck as Hammer’s car spun out of control and overturned.

The third vehicle was driven by Darlene Cranfill Allen, 57, of Orange Park. She sustained minor injured, the Highway Patrol said.

Bryan Wrigley was an avid cyclist who loved riding in and around St. Johns County / St. Augustine Florida on his bicycle. Tragically, Bryan Wrigley was a victim of a hit and run type of accident on County Road 214. He was hit by a car or a truck and then left alone to die on the side of the road. St. Johns County investigators believe that Bryan was biking West on County Road 214. The vehicle at issue may also have been travelling in the Westbound direction as well. Deputies with the St. Johns County Sheriff's Office have reported that the vehicle in question may have been a dark blue - older model - Ford Ranger pick up truck. Bryan Wrigley had plans on attending physical therapy school. It is a great loss for his family, friends, and the community. A person, with so much to give and such a great future, really deserved more respect and courtesy than to be hit and left for dead on the side of the road. See Cyclist Killed on St. Johns Road Loved to Ride.

Bicycle riders are at risk for serious personal injuries when hit by a vehicle. Because of this, drivers, at all times possible, should yield to bicycle riders and slow down when driving near bicycle riders. Under Florida liability and Florida insurance laws, a bicycle rider (or the family of a deceased bicycle rider) can seek damages against the at fault driver and owner of the at fault vehicle. In addition, a bicycle rider (or the family of the a deceased bicycle rider) can seek damages against an Uninsured Motorist automobile insurance policy if the bicycle rider was a covered insured under the policy. For example, let's assume that the injured bicycle rider owned a car and had an automobile insurance policy with UM (Uninsured Motorist) insurance on the policy. Then, a claim can be pursued for the UM benefits even though the bicycle rider was not occupying or using the covered vehicle at the time of the accident. Florida insurance laws and policies focus on the status of the insured as part of a the Class of covered people under the policy rather than the covered vehicle. Understanding the terms and coverages of an automobile insurance policy can be quite helpful when pursuing the claims of an injured bicycle rider and / or the family of the injured bicycle rider.

In St. Johns (Julington Creek Plantation) Florida, a tragic accident ended the life of a St. Johns County woman (Lina Mourad). It was reported by the St. Johns County Sheriff's Office that Lina Mourad was struck by a trailer that became unhitched from a truck that was driven by Austin Baker. Julington Creek Plantation is a mostly residential area of Northwest St. Johns County. The main roadways in the area include Racetrack Road, State Road 13, Robert Road, and County Road 210. Lina Mourad was walking on a sidewalk in the area near the entrance to Julington Creek Plantation. It was reported that the truck was hauling a trailer with sod on it. See Update: Victim Id'd In Fatal Accident On SR 13 See also Woman Killed by Runaway Trailer in Julington Creek - St. Johns County Florida.

As a resident of Julington Creek, it is sad to see that an accident of this nature took place. Julington Creek should be a safe haven of sorts for the residents and visitors.
In residential areas like Julington Creek, it is vital that all trailers hauling plants, sods, and / or lawn equipment are properly secured to the truck. This includes safety chains and other safety measures to insure that trailers do not become unhitched completely and cause accidents of this nature. Since a death resulted from the accident, the St. Johns County Sheriff's Office, Florida Highway Patrol, and / or other agencies will complete a thorough investigation of the cause and preventability of this accident. Unfortunate, a seemingly safe area like Julington Creek can quickly turn into a danger zone for innocent pedestrians and bicyclists.

Trailer safety should start with an inspection of the trailer and trailer hitch prior to any trip with the trailer. Safety inspections and measures include but are not limited to the following:

Inspect the pin securing the ball mount to the hitch. Make sure that the pin in intact, properly inserted, and intact.

Inspect the hitch as it is attached to the trailer hitch on the vehicle.

Make sure that safety chains are properly attached and appropriate for the trailer, truck, and load being hauled.

Make sure that the amount of weight being towed is within compliance with manufacturer recommendations for the vehicle, trailer hitch, and trailer.

Check to make sure that the electrical lines are properly attached and that the turn signals and brake lights are functioning prior to departure.

It is important that a person hauling a trailer have proper education and training to hook up the trailer and then to inspect the trailer prior to departure. It would be the responsibility of the business owner to train its employees as to the proper attachment and inspection of trailers. It is also vital that the right equipment is being used for the vehicle and the trailer. By investing time and a minimal amount of money, a business and /or trailer owner can help improve the safety of trailers. This, in turn, will prevent most trailer related accidents from taking place.

As part of a plan to raise awareness to high school students about the dangers of drunk driving, especially during Prom, New Smyrna Beach High School has a biannual mock drunk driving class, performed in front of the study body by their peers. Recently, New Smyrna Beach High School students performed a scenario on 10th Street that involved two couples driving to prom. One of the males had been drinking and crashed his car head-on into the other couple's car. Although the drunk driver suffered only minor personal injuries his girlfriend died at the scene. One of the passengers in the second automobile was airlifted to a hospital in critical condition; the second by ambulance. The mock crash began in 1998 at Deltona High School with the hopes that at least one student viewing the simulation would decide to refrain from drunk driving. In addition to the mock crash, random students were given red and black ribbons, representing those who could die or suffer personal injuries. For more read New Smyrna Beach High School puts on mock drunk driving crash to spread awareness to students before prom. According to Patty Tufano, a Bert Fish Medical Center nurse and founder of the Volusia County, Florida, mock crash program, figures from the National Highway Traffic Safety Administration revealed that drinking and driving accounts for 30 fatalities daily across the county. In 2009, thos figures translated to almost 11,000 deaths and more than 74,000 experiences of sustaining serious personal injuries.

A 21-year-old man of St. Augustine, Florida, tragically died after his involvement in a single-vehicle crash in Columbia County. The 21-year-old was identified as Tucker McCarty. He was the driver of the Ford pickup truck involved in the crash. According to the Florida Highway Patrol, the truck ran off the road for unknown reasons, hit a mailbox and McCarty over corrected to the left, which caused the truck to rotate clockwise and flip onto its right side. McCarty was not wearing a seat belt. He was partially ejected from the truck, emergency workers pronounced him dead. The other passengers were also traveling inside the pickup. All three passengers, who were wearing seat belts, sustained minor personal injuries. For more read 21-year-old St. Augustine man dies in single-vehicle collision, not wearing seat belt.

Drivers are required to wear seat belts in the state of Florida. Seat belts reduce the severity of personal injuries as well as the chance of death.

One person was killed and three others suffered serious personal injuries after a high-speed crash in Palm Bay, Florida. Palm Bay police officers and fire-rescue responded to the scene of the accident around 2:30 a.m. Upon their arrival, officials spotted the two vehicles involved in the crash, a Chevrolet Impala and a Chevrolet Silverado. Investigators concluded that the Impala was traveling at a high right of speed when it crashed into the Silverado while the Silverado was backing into a driveway. The driver of the Impala was identified as 22-year-old Scott Williams. Williams' passengers, 23-year-old Robert Williams (the two are not related), was pronounced dead at the scene. The driver of the Silverado, Adam Silver, 19, and his passenger, Katlynn Stone, 19, were both transported via ambulance to a nearby hospital. The three victims that survived the crash were reported to be in serious condition, although their injuries were considered non-life-threatening. The crash is still under investigation. For more read 1 killed, 3 personally injured in high-speed crash in Palm Bay, Florida.

Speeding decreases a driver's reaction time and ability to stop, thus increasing the likelihood a driver will be involved in a car crash. Florida drivers need to obey speed limits, making Florida roadways a safer place for all.

A crash on Interstate 95 occurring between Northwest 79th and 119th Streets in Northwest Miami-Dade, Florida, caused multiple collisions on the highway. According to the Florida Highway Patrol, a box truck overturned and drivers attempting to avoid the flying the debris from the truck were involved in multiple collisions. Although a few people suffered some personal injuries none were serious. For more read Flying debris from overturned truck causes multiple car crashes on I-95.

No matter how safe you may drive some automobile accidents are unforeseeable and highly unpreventable. Crashes involving commercials trucks can be much more severe in nature due to the increased size and weight of the trucks. This size and weight disparity are likely to be a contributing cause to the severity of the injuries or the death of drivers / passengers involved in a crash with a commercial truck. Also, commercial trucks typically transports items from one destination to another. These items add to the weight of the truck as well as add another risk-factor to being involved in a crash with these types of trucks.

In Florida and other States, there are unfortunately many news reports of pedestrian and bicyclists injuries. Some accidents are avoidable if better attention is dedicated by the driver and / or the pedestrian and bicycle rider. Other accidents are just unfortunate tragedies that nobody could have expected. In Orange Park (Clay County) Florida, a 40 year old woman (Tonya Benefield) was hit by a vehicle on Blanding Boulevard. As a result of this vehicle - pedestrian incident, Ms. Benefield suffered critical personal injuries. The Florida Highway Patrol will conduct a thorough investigation of the incident to determine the cause and preventability of the incident. See Car Hits Female Pedestrian Crossing Blanding Boulevard.

The popular comic strip Zits has partnered up with AAA and plans to produce a strip that addresses the dangers of texting while driving. The strip will appear in more than 1,600 newspapers. Personal experience and distracted drivers inspired the comic's creators, Jerry Scott and Jim Borgman. Scott said that the children of today have a Pavlovian-response to the bells, alerts, and alarms set off by cell phones. The character Jeremy will be used in this strip's theme, AAA has used the character before in previous materials to address other issues regarding teen driving. According to research conducted by the AAA foundation, 9 out of 10 drivers consider driving while texting "a very serious threat to their safety." In some cases, drivers found texting while driving more dangerous than drinking and driving. A survey dont by the Department of Transportation/Consumer Reports revealed that out of the 1,026 people surveyed, 63% of respondents under 30 admitted to using handheld phones while driving; 30% admitted they texted while driving within the past month. However, 78% of the overall respondents said they reduced or completely stopped behaviors related to distracted driving. Teen drivers fail to realize the dangers of texting while driving and under appreciate the value of their own lives. It has been recommended that parents draft and have their children sign driving contracts, a copy of which can be found on AAA's website. For more read Popular comic strip Zits to produce issue about dangers of texting while driving.

In Miami and other Florida cities, it can be quite dangerous for pedestrians, bicyclists, and, yes, those in wheelchairs when travelling in or near Florida roads. The danger also applies when attempting to cross a road. To the extent possible, drivers should slow down when driving near pedestrians including those in wheelchairs. A vehicle especially a commercial truck or an 18 wheel truck can easily overpower and crush pedestrians, bicyclists, and people in wheelchairs. A tragic accident was reported in Miami-Dade County, Florida. NBC Miami covered a story in which a man in a wheelchair was hit and killed by an 18 wheeler while the man in the wheelchair was attempting to cross the intersection of 27th Avenue and Northwest 41st Street. As of the time of the initial reporting of the story, authorities had not determined fault for the accident. Since a death resulted from this incident, there will be an autopsy completed and a full report completed by Miami-Dade County authorities and/or the Florida Highway Patrol. See Man in Wheelchair Killed After Truck Hits Him.

Three children miraculously escaped life-threatening injuries after being trapped inside a vehicle. The collision occurred in Oakland Park, Florida, it took 18 firefighters and two "jaws of life" rescue machines to get the children out. The incident occurred after a car carrying five people were struck by a wayward driver. The children, who were all sitting in the back seat, were pinned by the back panel and passenger seat. The third child, sitting in the middle of the back seat, was also unable to get out. One of the jaws of life was used to pull the metal apart, the second was used to cut off the side doors and roof of the vehicle, ultimately freeing the children inside. None of the five people in the vehicle sustained life-threatening injuries, however, all were transported to the hospital. For more read Jaws of life used to rescue children trapped inside vehicle in Oakland Park, Florida.

Florida is a Spring Break destination for many students enjoying break time from college and their studies. Many take road trips to and through Florida to stay at Florida motels, hotels, and resorts. Unfortunately and tragically, some visitors and guests to the State of Florida never make it to their destination but instead are in horrible automobile accidents. It was reported that a 1998 Land Rover SUV flipped over as the vehicle was travelling Southbound on Interstate 95. The Florida Highway Patrol reported that one person and three others were injured and transported to Halifax Medical Center. Jee Choi, from Northvale, New Jersey, was the unfortunate death victim from this Florida automobile accident. Apparently, the driver of the SUV overcorrected the vehicle while driving which in turn caused the SUV to flip over. See One man killed, 3 women injured in Volusia rollover crash.

Three people were killed in a tragic 2-vehicle collision in Suwannee County, Florida. Among the fatalities were Oedis Walter Blanks, 69, or Lake City; Dorothy Lee Sherman, 53, of Harris Township, Michigan; and another passenger in Sherman's car whose identity was not available but was also from Harris Township. The two-car collision occurred just before 11 a.m. at the intersection of Suwannee County roads 132 and 795. A media release by the Florida Highway Patrol revealed that Sherman was driving a 2008 Kia SUV on north C.R. 795, approaching the intersection of C.R. 132. Blanks was driving a 2008 Chevrolet truck west on C.R. 132. According to the FHP (Florida Highway Patrol), Sherman drove into the direct path of Blanks. Polly Jones Blanks, 64, a passenger in Blanks' truck, was transported to Shands at Live Oak with serious personal injuries. For more read 2-car collision in Suwannee County, Florida, kills 3 and seriously personally injuries another.

Florida roadways are heavily populated and can be extremely dangerous. Florida drivers need to ensure they are attentive and keep their focus on the road. Drivers should not engage in distracted driving behaviors including but not limited to talking or texting on a cell phone, eating or drinking, listening to music too loudly or talking to other passengers instead of maintaining their focus on the road.

In a single day, police and paramedics responded to more than 10 accidents, 7 of which involved motorcyclists, on Interstate 95 and U.S. 1. The first accident occurred in St. Johns County and happened as early as 9 a.m. The accident involved a motorcyclist who had to be airlifted to Shands Jacksonville. Traffic from the accident was backed up almost as far as the Flagler County line. The second, fatal accident occurred just two hours later on U.S. 1 near the Duval County line. Police responded to the serious collision between two motorcycles. Lt. William Leeper, spokesman for the Florida Highway Patrol, confirmed that one motorcyclist was flown to Shands Jacksonville where he was later pronounced dead. Just 15 minutes later, St. Johns County Fire Rescue transported two more patients to Shands Jacksonville. The accident involved a car and a motorcycle and occurred on I-95 near the International Golf Parkway exit. The victims of the crash sustained minor personal injuries. At 12:40 p.m., lanes on I-95 had to be shut down due to a three-car collision. Leeper stated that only minor personal injuries were reported and only one victim was transported to Flagler Hospital. In a separate accident, a pregnant woman was also transported to Flagler Hospital with minor personal injuries after her car rolled over on I-95 near State Road 207. Around 8 p.m. a motorcyclist was reportedly runover on I-95 just north of the IGP exit. The motorcyclist was flown to Shands Jacksonville on a trauma alert. Florida Highway Patrol troopers were able to find the driver of the truck who struck the motorcyclist at a truck stop not far from where the collision occurred. Shortly after that incident, SJCFR responded to a car that was "completely engulfed" in flames on I-95 also near the S.R. 207 exit. For more read Police and paramedics respond to more than 10 accidents on I-95 and U.S. 1 in a single day.

On Florida roadways, there are a wide variety of motor vehicles. Some are quite large like semi trailers and oversized trucks and some are small like compact vehicles and motorcycles. Because of the disparity of the size, height, and weight of motor vehicles o Florida roads, there are dangers to occupants of smaller vehicles when there is an automobile accident. While the motto of all men are created equal is one to follow and abide by . . . it does not quite have the same effect when there is a Florida automobile accident. In Tampa, Florida, it was reported that a woman who was the occupant of a PT Cruiser died when her vehicle was rear ended by a Dodge Ram truck. Mai Amer D. Alahmadi (age 27) was the unfortunate and tragic victim of this Florida automobile accident. See Tampa Woman Dies in Accident on Interstate 4.

While it would be impossible and impractical to make all vehicles the same size and weight, the disparity in the size, weight, and height of vehicles in many accidents makes the injuries or impact much greater and, yes, deadly.

In North Florida (Jacksonville, Orange Park, and Fernandina Beach), there are a number of trucks with oversized wheels on the roadways and that travel through neighborhoods and parking lots. While the size of the truck and height of the truck may protect the occupants of the vehicle when there is an accident. Both the size of the truck and height of the truck may end up causing severe injuries to pedestrians, bicyclists, and occupants of other vehicles. Sometimes, the sheer height of the vehicle makes it difficult to see pedestrians, bicyclists, and others especially children. A tragic accident was reported in Dallas, Texas in the parking lot of a strip club. It was reported that a 23 year old woman (Kasey McKenzie) was run over by a monster truck at a strip club. See Woman Killed By Monster Truck at Dallas Strip Club.

In Jacksonville, Florida, the roads can be quite dangerous for drivers, passengers, and yes, bicyclists. Some bicyclists are on or near the roads for exercise and some are on bicycles for transportation. Regardless of the reason, drivers of vehicles including cars, trucks, and motorcycles should drive very careful when there is a bicyclists on or near a roadway. The bicyclists will have little protection from personal injuries when hit by a vehicle. Of course, a bicyclists can wear a helmet and protective shoes and clothing; however, these items only go so far to prevent or lessen injuries when a bicyclists is hit by a motor vehicle or motorcycle. The bicyclist was identified as Kevin Blair - age 56 - from Jacksonville, Florida. Police reported that Mr. Blair was southbound on New Kings Road when he was hit by a truck that drifted into the bicycle lane. The incident was witnessed and then reported to policy who were able to locate the truck driver. You can read more about this news story and the tragic death of this Jacksonville Florida bicyclist at Bicyclist Struck by Hit and Run Truck Driver Dies in Hospital.

A 6-year-old child was fatally struck by a 4-door sedan while trying to cross St. Johns Avenue near Wells Avenue around 10 p.m. in Palatka, Florida. The victim was identified as Tamarius Matson of Palatka, he was pronounced dead at the scene. According to the Florida Highway Patrol, Tamarious was attempting to cross St. Johns Avenue when he was struck by a 4-door Toyota, driven by 36-year-old Elona L. Williams, also of Palatka. The FHP stated that Williams swerved her automobile in an attempt to avoid hitting the child. However, he attempt was unsuccessful and she struck the child before hitting a utility pole. It is unclear whether or not the child was supervised at the time of the fatal accident. For more details please read 6-year-old child of Palatka, Florida fatally hit by car while attempting to cross St. Johns Avenue in Putnam County.

The death of this child is a tragedy for his family and community. Constant supervision of children is a key factor in reducing personal injuries sustained by children. Children should always be accompanied by an adult or other responsible and competent person while walking, crossing or otherwise traveling on busy Florida roadways. Florida also has its own statute requiring its drivers to exercise due care regarding pedestrians. For more information on the Florida law concerning drivers and pedestrians within the state please read Florida Laws Regarding Pedestrians and Traffic Regulations - Importance of Exercising Due Caution When Pedestrians Are Present.

A late night crash on County Road 218 in Clay County Florida caused the tragic death of a 22 year old woman - Catherine E. Case. it as reported by the Florida Highway Patrol that Ms. Case was heading Eastbound on County Road 218. Another vehicle (a pick up truck) was being driven by Andrew B. Newman in the Westbound direction. According to the news report in the Jacksonville Times Union Newspaper website, Mr. Newman veered into Ms. Case's lane. Alcohol was allegedly a factor in the accident. See 22 Year Old Jacksonville Woman Died in Head On Collision.

Florida roads can be very dangerous especially at night. Fatal accidents do happen when alcohol is involved and drivers veer into the wrong lane. Yes, this is common sense that is all too often ignored by Florida drivers that get behind the wheel of their vehicles at night. When a person carelessly drives his or her vehicle, he or she not only risk his or her life but also the lives of others.

In Florida, drive behind most tractor trailers and you will see an underridge guard in place. Whether the trucks are hauling goods for Wal-Mart, Publix, Winn Dixie, Target, or other companies, you should see the underride guard that it a different color than the rest of the trailer trailer and in place to prevent smaller vehicles from going underneath the tractor trailer in a rear end type of accident. Unfortunately, crash tests and analysis completed by the Insurance Institute for Highway Safety have indicated that many such underride guards fail in relatively low speed automobile / trucking accidents. The failure of certain underride guards is very disturbing in light of the injuries that can be lessened or prevented with proper underride guards. You can read more about this topic at Underride Guards on Big Rigs Often Fail in Crashes; Institute Petitions Governement for New Standard.

The National Highway Traffic Safety Administration (NHTSA) reported that over 400 people in passenger motor vehicles die each year as a result of a rear end crash with a tractor trailer. Over 5,000 passengers a year are injured as a result of these automobile / trucking accidents.

In Florida, every community has lost teens to tragic automobile accidents. Unfortunately, automobile accidents continue to be one of the leading causes of deaths to teens in Florida and the rest of the Nation. The Florida Highway Patrol reported that an automobile accident resulted in the death of two teenagers. It was reported that Brandi Bartholomew (age 15) and Zoe Chandler (age 18) died as a result of the accident. Florida Highway Patrol troopers stated that the the driver (Nadja Chandler) lost control of the vehicle on the side of the road and crashed into a concrete culvert. Thereafter, the vehicle rolled over on the driver's side of the vehicle.

This unfortunate Florida automobile accident is a tragic loss for the families, friends, and the community. Unlike a long illness, no one is ever prepared emotionally to deal with such a tragic and sudden loss. Hopefully, the support of friends, community, counselors, and clergy will help the families and community deal with the loss. See Milton High Student Killed in Crash.

In Florida, many people suffer serious personal injuries when they are involved in an automobile accident / trucking accident with a drunk driver. Many accidents are caused or made more serious when a drunk driver is behind the will. Both motor skills and judgment are affected by the consumption of alcohol. If a person is injured as a result of the fault of a drunk driver, the victim can pursue an insurance claim and a civil action against the drunk driver. The decision to prosecute the drunk driver belongs to the local law enforcement agency and the State Attorney's Office. Restitution may be obtained through the criminal case but usually only for out of pocket economic expenses like medical bills. While drunk driving is an aggravating factor to the case, the value of a personal injury case is still primarily based on the extent of the injuries, medical bills, medical treatment, diagnosis of the injuries, and prognosis of the injuries. It is possible to pursue a claim for punitive damages against the drunk driver; however, it should be kept in mind that insurance companies do not cover punitive damage awards.

Continue reading "What Are My Rights if I am Hit by a Drunk Driver in the State of Florida?" »

In the State of Florida, a teen driver (under the age of 18) must get a parental consent signed by a parent or guardian to obtain driving privileges or a driver's license. Typically, the parental consent is signed when the teen child obtains his or her learner driver's license at the age of 15. The parent consent is valid and in place until the child reaches the age of 18 or until the consent is revoked in writing by the parent. The main Florida Statue on point is located at Section 322.09 which provides the following:

322.09 Application of minors; responsibility for negligence or misconduct of minor.—
(1)(a) The application of any person under the age of 18 years for a driver’s license must be signed and verified before a person authorized to administer oaths by the father, mother, or guardian; by a secondary guardian if the primary guardian dies before the minor reaches 18 years of age; or, if there is no parent or guardian, by another responsible adult who is willing to assume the obligation imposed under this chapter upon a person signing the application of a minor. This section does not apply to a person under the age of 18 years who is emancipated by marriage.

See Section 322.09, Florida Statutes.

It is important for parents to monitor the driving habits of their teen drivers. It is not only a moral responsibility but a legal one as well. The negligence of the teen driver and resulting damages become a liability for the parent even if the teen driver is driving a car owned solely by the teen or by another person.

In Waycross, Georgia, a leisurely day at the park for one family ended in the tragic death of 2 year old Deshawn Daniels. It was reported in at the News4Jax Website that the family of Deshawn Daniels and friends were at a park. A family friend decided to move his car. The family friend did not know that Deshawn Daniels followed him to the parking lot. Because of the driver did not know that the child followed him and did not see the child as he was backing up, the child was the unfortunate victim of a back over accident. The child was transported to a local hospital and then air lifted to Shands Jacksonville Medical Center. Unfortunately, efforts by the medical professionals could not save the life of this seriously injured child. Since toddlers have poor safety awareness, they are at high risk for injuries especially in or near parking lots and roadways. You can read mor about this sad story at Car Backs Over Waycross Georgia Toddler.

Backover accidents can be avoided in many instances. When you are approaching your vehicle, look out for the presence of all pedestrians and especially children. When backing up, go very slowly and check all mirrors the best that you can. Parents and guardians of children should do their part to keep toddlers supervised at all times and especially in or near parking lots and driveways.

If you have a question about a child injury whether from an automobile accident, dog bite, school injury, day care injury, or other causes, you can get important information regarding the rights of the injured child in the free book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know. Click here to receive your free copy of this child injury book.

A fatal car crash in Kentucky between a semi-tractor trailer and a SUV resulted in the death of two children, from Chicago, and a man, who had just gotten married in Florida. The crash occurred on Interstate 65 just south of Elizabethtown, Kentucky around 3:30 a.m. The semi-truck was northbound on I-65 when it rear-ended the Nissan Pathfinder, the impact caused the SUV to go off the road and roll over. The Pathfinder has seven passengers inside, three of the seven were pronounced dead at the scene. The passengers killed as a result of the crash were identified as Victor Chacon, 26, Brianna Chacon, 10, and Tatyana Alvarez, 11. The passengers who sustained personal injuries and transported to hospitals were identified as 49-year-old Victor Chacon, Melissa Gonzalez, 30, Victor Chacon, 5, and Yaznylie Chacon, 2, he said. The eldest Victor Chacon and Melissa Gonzalez are married, all three girls and the youngest Victor Chacon are their children. The young adult who was just married in Florida was the eldest Chacon's son. The driver of the semi-truck sustained no personal injuries from the crash. As a part of protocol when commercial trucks are involved in a car collision, the truck driver underwent a toxicology exam; the results were not reported in the initial news story about this automobile / trucking accident. According to Kentucky State Trooper Bruce Reeves, the area where the crash occurred was not lit. For more see 2 children and 1 man killed on I-65, family traveling home from Florida wedding.

In Florida, a child can obtain a restricted driver's license at the age 15 and an unrestricted driver's license at the age of 16. Parents should educate themselves about the dos and the don'ts with teen driver. The Florida Highway Patrol has some helpful resources and information regarding teen driving on its website. There are pages for parents and pages for teens. Education and supervision are vital to safe teen driving.

As noted on Florida Highway Patrol website and other websites, automobile accidents are the leading cause of death for teens in Florida and other States. Approximately 20 % of licensed 16 year old drivers will be in an automobile accident. Over 300 teens lost there lives in automobile accidents in 2007. Because of these troubling statistics and risks, parents should do everything possible to educate and talk to their teens about safe driving. Parents should set rules and guidelines beyond the Florida laws. For instance, a parent can instruct his or her teen to refrain from mobile phone use while driving. Also, a parent can prohibit eating while driving and other distractions that lead to automobile accidents. While a parent cannot watch over a teen driver every minute of the day and at all times while driving, a parent can strive to do what he or she can do to positively influence and encourage the teen driver to play it safe and avoid distractions that take away from the skill and task of driving.

A pregnant woman of Palatka, Florida was hospitalized in serious condition after a van she was traveling in overturned in Putnam County Florida. The collision occurred at the intersection of State Roads 20 and 21. According to the report by the Florida Highway Patrol, a 75-year-old man of Orange Springs attempted to cross the southbound lanes of S.R. 20 from a stop sign at S.R. 21. Unfortunately, he drove into the path of an oncoming Ford minivan. In an attempt to avoid colliding with the truck, 63-year-old Diana Jenkins, driver of the minivan, made a sharp right turn. The front of the truck struck the rear driver's side of the van, the impact caused the van to spin and overturn. The van finally came to rest on its right side. 21-year-old Kaitlynn Lands, who was a passenger in the van, was taken to Shands Gainesville to check on the status of her unborn twins. Jenkins was also taken to Shands Gainesville serious personal head injuries. The driver of the truck was not injured. All drivers were wearing their seatbelts and charges are pending. For more see Pregnant woman hospitalized after minivan she was traveling in overturns in Putnam County, Florida.

Florida roadways can be extremely busy and drivers will be traveling at high speeds. When arriving at a stop sign, Florida drivers should look left, right then left again to ensure they are not driving into the path of oncoming traffic.

Daytona Beach Police are currently looking for a driver who struck three pedestrians and sped off, one victim was killed. Investigators say all pedestrians were standing in the median of Ridgewood Avenue a little before 5:00 p.m. As the victims were trying to cross they were struck by a white, four-door vehicle that investigators believe may be a Buick or Nissan. One victim died while being transported to the hospital, the other two victims sustained non-life-threatening personal injuries. The man who was killed has been identified as 33-year-old Frederick Lewis Cook of Daytona Beach. The other two pedestrians were identified as Michael Ohara Thompkins, 29, and John Clarence Baldwin, 35, both are Daytona Beach residents. After the vehicle struck the pedestrians it sped off on Freemont Avenue. According to police there were 3 men in the vehicle and police suspect the vehicle to have damage to its front, hood and windshield. For more read 2 pedestrians injured and 1 killed after hit-and-run on Ridgewood Avenue in Daytona Beach, Florida.

Under Florida Law, a person who is involved in an automobile accident that results in the personal injury or death of another person must stay at the scene until all obligations are fulfilled. Those who violate this statute commit a first degree felony. If a driver who violates this statute and is later found to be under the influence, he or she will receive a minimum of two years imprisonment. For more on Florida law regarding a driver's duty to stop please read Duty to Stop at Accident Involving Personal Injuries - Section 316.027, Florida Statutes.

A head-on collision, described as "tragic," occurred on Atlantic Boulevard in Jacksonville, Florida. According to a Jacksonville police detective, the driver of a vehicle was traveling eastbound in the westbound lanes near the Hart Bridge Expressway around 4 a.m. Detective Brian Blaquiere of the Sheriff's Office stated the car continued down Atlantic Boulevard until in collided with another vehicle on a curve near the 5400 block. The head-on collision sent both drivers to the hospital; the driver traveling in the wrong lane is reported to be in critical condition and the condition of the second driver is unknown. The police detective stated alcohol is suspected to be involved. For more details see Tragic head-on collision occurs near Hart Bridge Expressway in Jacksonville, Florida.

Driving under the influfence is not only illegal but highly dangerous. Alcohol impairs a driver's judgment, vision and reaction time thereby making him or her more likely to be involved in a car accident. Cab fare is far more inexpensive than legal fees for a DUI or the medical expenses one could acquire if the accident inflicts personal injuries.

An explosive 2-car, head-on collision occurred on State Road 46 in North Brevard County, Florida. According to the Florida Highway Patrol, a 1997 Chevrolet SUV was driving eastbound in the westbound lane of S.R. 46 when it crashed head-on into a westbound 2004 Ford pickup. The impact caused both vehicles to overturn and the pickup caught fire. Both drivers were killed in the crash, which occurred around 2:40 a.m. Investigators say the driver of the SUV, a 51-year-old Oviedo man, was not wearing his seat belt. Troopers are trying to identify the other driver. For more see Fiery car crash in Brevard County kills two people.

The deaths of these victims are a tragedy for their families and communities. Automobile accidents are the reason for a significant portion of Florida injury-related deaths. Florida drivers should keep their attention on the road, be aware of their surroundings, obey the speed limits and always wear their seat belts.

A fatal car crash recently occurred just east of Interstate 95 on County Road 210 in St. Johns County, Florida. The crash occurred when a Chevrolet TrailBlazer crossed the center line and hit a Ford Explorer. The driver of the Explorer, 39-year-old Lee Darnell of Atlantic Beach, Florida, was killed in the collision. Trevor Wayne McMullen, 43, of Orange Park, driver of the TrailBlazer was transported to Shands Jacksonville in fair condition. According to Jeremy Robshaw of St. Johns County Fire Rescue, both drivers were wearing their seat belts and alcohol is a suspected factor in the accident. Another unrelated accident occurred in St. Augustine Beach; 2 pedestrians wre struck by an automobile inflicting personal injuries onto both pedestrians. One victim was flown to Shands Jacksonville with serious personal injuries and the other was taken to Flagler Hospital in stable condition. For more read Serious car accidents occur on County Road 210 and in St. Augustine Beach.

Alcohol reduces a driver's judgment and reaction time. Alcohol thereby increases a driver's likelihood of being involved in a car crash. Do not drink and drive.

In Flagler County, Florida, an tragic accident was recently reported. The nephew of the Dalai Lama (Jigme Norbu) from Bloomington Indiana was struck and killed by a SUV while on a 300 mile walk - "Walk for Tibet". It was reported that Jigme Norbu was walking on the side of Florida A1A when the pedestrian / automobile accident took place. The accident was reported and will be investigated in more detail by the Florida Highway Patrol. In Florida, when there is a fatality, a Florida Homicide Crash Report will be prepared and distributed by a law enforcement agency (Florida Highway Patrol).

In Florida, there are many risks to pedestrians in and near Florida roadways. Florida is a tourist State and attracts many visitors who walk and ride bicycles in and near Florida roadways. Florida drivers should be accustomed to the presence of pedestrians and bicyclists and adjust their driving to account for their presence on and near Florida roadways. You can read more about the sad death of the Jigme Norbu at Dalai Lama's Nephew Hit, Killed by SUV During "Walk for Tibet" in Flagler County, Florida.

The Florida Highway Patrol reported that there was an accident with injuries on Boggy Creek Road in Orlando, Florida involving a Disney Magical Express Bus and a Semi Tractor Tractor. It was also reported that 5 people suffered personal injuries as a result of this bus / truck accident in Central Florida. See Disney's Magical Express Bus Crash Sends Five to Hospital. The crash resulted in approximately 150 gallons of diesel fuel on the road. Fire Rescue and police responded to the scene and shut down Boggy Creek Road to handle the situation. Fortunately, rescue crews were able to clean up the area to avoid any further injuries resulting from this unfortunate bus / truck accident.

Authorities in DeBary, Florida and other Florida cities are concerned with the increasing popularity of a stunt called "car surfing" or "ghost riding." In fact, two men from Debary were killed while performing the stunt. Another man was convicted in connection with a stunt performed in Central Florida that killed a friend. "Car surfing" (or "ghost riding") is where a person hangs on to a moving vehicle and rides on its exterior, whether on top, the side or behind the moving vehicle. According to reports by the Centers for Disease Control and Prevention, from 1990 to 2008 nearly 100 people died or sustained personal injuries while standing on a moving vehicle.

The two young men who recently died were riding on the exterior of a sports utility vehicle. The SUV flipped and burst into flames after the driver, Joshua Ritter, reportedly lost control of the vehicle. The victims were identified as 18-year-old Carlos Velazco of DeBary and 18-year-old Hunger Perez of Orange City. 18-year-old Ritter was transported to Halifax Medical Center in Daytona Beach; passengers Ryan Jenkins, 17, and Kenyanna Hawkins, 18, were transported to Florida Hospital Fish Memorial and Central Florida Regional Hospital.

Michael A. Smith was convicted of vehicular homicide by an Orange County jury after a stunt killed his 18-year-old friend in 2008. The victim, Cameron Bieberle was riding in a shopping cart and holding on to the back of an SUV, driven by Smith. The shopping car hit a speed bump, overturned the car and sent Bieberle airborne. Bieberle's head struck the parking lot. Results of the medical examiner stated the man died of traumatic personal injuries to the head at the scene. Smith was sentenced to 4 years in prison. After his release from prison, Smith will be place on probation for 11 years.

For more information about this topic as well as see video of the stunt please see Car surfing increasing in popularity among males and teenage boys, stunt proves to be fatal.

Two young adults were hospitalized with seriously personal injuries after they were involved in a car accident on Interstate 10 in Baker County, Florida. Both 22-year-old Brian Shane Williamson and 24-year-old Kathryn Lynch, of Lake City, were transported to Shands at Jacksonville after they were ejected from their 1994 GMC Jimmy sports utility vehicle. The accident occurred a little after 10 p.m. According to the Florida Highway Patrol, Williamson, who was driving the SUV, was traveling on the inside, Eastbound lane on I-10. Williamson drifted onto the paved apron and overcorrected, driving the SUV across both Eastbound lanes and into a ditch. The SUV went airborne and struck a pine tree, both passengers were ejected from the vehicle. The FHP stated that neither Williamson nor Lynch were wearing their seat belts. For more details see 2 seriously injured after car goes airborne on I-10.

Car accidents are a major, if not the most, cause of fatalities in young adults. Whether this high rate of automobile fatalities is due to driver inattentiveness or the lack of this class to wear their seat belts, young Florida drivers should be aware of the dangers that are present of Florida highways.

An Evans High School senior athlete was tragically killed after he was struck by a Ford pickup truck. The 17-year-old senior was identified as Jean Cherilus. Cherilus was killed during the early morning when the Ford veered off Vineland Road and onto the grass shoulder where Cherilus was walking. The driver of the Ford was identified as 52-year-old Richard Lawson of Kissimmee. Cherilus was walking in the northbound should of the road when Lawson's southbound truck veered right and struck the teen. The impact propelled Cherilus forward. Cherilus was pronounced dead at the scene around 9 a.m. Cherilus is suspected to be walking around the area because he has family nearby. Cherilus was a part of the wrestling, track, and footballs teams at Evan High School in Orlando, Florida. He was described by those as a "very sweet kid." Charges are pending while investigators determine whether or not alcohol was a factor. The tragedy of this teen is a tragedy for his family and community. Vehicular-related deaths are the number one killer for teenagers. For more details on Jean Cherilus and his tragic death please read Orlando teen killed after hit by Ford pickup.

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The above video shows how truck accidents can happen without warning. Fortunately, there were no reported personal injuries from this trucking accident. The problems with semi tractor trailers and other commercial vehicles is the sheer size of these vehicles compared to most passenger vehicles out there. Can you imagine what would have resulted if the truck in this video crashed into a motorcycle, Smart car, or other compact vehicle? While not all accidents are preventable, we can call do our share to keep the roads safe by obeying speed limits, avoiding driving distractions, and being courteous on the roadways.

Continue reading "Truck Accident Captured on Video - Dangers of Semi Tractors on Highways" »

The winter season has presented onerous weather conditions that are not only being felt by airlines but are also having a tremendous effect on the amount of automobile accidents. Recently, Central Florida experienced a significant downpour which made road conditions quite dangerous on Interstate 4. Florida troopers said that even though road conditions were dangerous vehicles were still traveling at increased speeds. In fact, troopers responded to over 200 crashes during the extreme weather conditions. A college student hydroplaned and lost control over her car as she merged onto the off-ramp of I-4 and onto the Turnpike. She hit then median and then spun into another car, whose passenger happened to be an Orange County Sheriff's Office deputy. The deputy was on-duty but in an unmarked car. The deputy's leg was jammed in between his seat and the door. After crews freed the deputy from his car he was rushed to a local hospital where he was later released with bruises on his leg and a knot on his head. Two separate crashes, one involving a 3-car collision, had two cars flip over.

I-4 is already a busy interstate in the State of Florida. Add severe weather conditions to the already dangerous road and you could have yourself a lethal mix. Florida drivers should take extra precautions if they find themselves driving in unfortunate conditions. To read more details on the car accidents please see Over 200 car accidents in 1 day occur on Interstate 4.

A Jacksonville Florida pedestrian was sent to the hospital in critical condition after he was struck by a vehicle in Jacksonville Beach, Florida. According to Jacksonville Beach Police Sgt. Thomas Bingham, the pedestrian was struck around 8 p.m. on a Saturday evening at the 1300 block of Shetter Avenue. Bingham had no additional information on the pedestrian, the vehicle or the driver of the vehicle. The victim was taken by helicopter to Shands Jacksonville. For more details see Male pedestrian in critical condition after struck by car in Jacksonville Beach, Florida.

Jacksonville Beach, as well as surrounding areas including Neptune Beach and Atlantic Beach, have a high amount of pedestrian and cyclist traffic. Drivers in these areas need to drive the speed limit and pay extra attention to the road while driving in these hectic areas. Pursuant to Florida law, pedestrian do have the right-of-way. Therefore, drivers involved in pedestrian-automobile-collisions are more likely to be found at fault than the pedestrian. Protect yourself as a driver and pedestrians by paying attention and not engaging in distracted driving.

A 63-year-old man was killed after his car struck three horses that apparently escaped from their gated/fenced area at Turtle Pond Farm. The man was identified as Edbert Gladford Hastings of Trenton, Florida; he died at the scene of the accident. Hastings was approaching the intersection of U.S. 27 and County Road 316 when he struck 3 horses, killing them instantly. According to Florida troopers, Hastings did not see the horses because of the darkness of the road. After impact, Hastings' white Hyundai Sonata traveled for about 200 feet where its roof was torn off. The car apparently traveled 1,000 feet after initial impact until it came to its final resting point. The horses that lived were held overnight by a Good Samaritan. To read more on this story please see Man killed after car hits horses that escaped farm.

The death of this man is a tragedy for his family and community. Accidents, especially automobile accidents, can be quite unpredictable. Visibility and driver attentiveness are key factors to avoid car accidents. However, even when these factors are present accidents can still occur. The owner of the farm, if found negligent, may expose him to liability for this accident. If circumstances out of your control caused you to be involved in a car accident and you are unaware of how Florida law handles your unique circumstance, contact a Florida Personal Injury Lawyer for advise and counsel regarding the issues of your case.

A three-car collision that occurred in Baker County inflicted personal injuries, ranging from critical to serious, onto eight victims. The crash occurred early in the morning, around 6:15 a.m., on County Road 125 at Odis Yarborough Road. The vehicles involved included a 1988 Chevrolet Blazer, a 1995 Ford pickup and a 1999 Dodge Durango. It was reported that the Blazer, driven by Tony Carl Morgan, 29, of Sanderson, drifted out its lane on a creek bridge and caused a head-on collision with the Ford pickup, driven by David Paul Yale, 33, also of Sanderson. The Dodge, driven by Brenda Louise Wilderson, 30, of Glen St. Mary, struck the rear of the Ford pickup after the pickup was struck by the Blazer.

Morgan sustained critical personal injuries. Morgan's passengers, Ventura Rodriguez, 40, of Macclenny, and Kevin Draug, 24, sustained serious personal injuries. Yale sustained critical personal injuries and his passenger, 32-year-old Amanda Proffit sustained serious personal injuries. The occupants of the Chevy Blazer and Ford pickup were taken to Shands Jacksonville. Wilkerson and her two passengers, Cedric Larry, 28, and Jayden Larry, 3 sustained minor personal injuries; they were not taken to the hospital.

According to the report by the Florida Highway Patrol, the two adult occupants of the Durango were wearing their seat belts where as the occupants of the Chevrolet and Ford were not. To read more on this story please see 3-car collision in Baker County inflicts multiple personal injuries.

Brandon Hodges, 17, was recently sentenced to one year of probation and 250 hours of community service for his involvement in a 2009 car accident that killed four of his friends and personally injured 4 more friends. Hodges was 15-years old when the accident occurred. The right rear tire blew on a a sports utility vehicle that belonged to a friend of Hodges. Hodges was driving the car, which was loaded with 8 other teenager, when the SUV flipped off Interstate 295. The students were on their way to the beach. Prosecutors zeroed in on the unsafe number of teenagers loaded in the car and the fact that nobody, except Hodges, was wearing a seat belt. John "Kris" Kiely, Kimber Krebs, Erin Hurst, all 15, and Dennis Stout, 17, were all killed in the collision. Four others, Rebekah Pilkinton, Timothy Adam, Jimmy Gracia and Shannon Broome all sustained personal injuries. To read more on this story please see Teen sentenced for fatal 2009 collision on I-295.

Young drivers need to be aware to the dangers and responsibilities that go into driving an automobile. Young drivers should never have too many passengers in the vehicle, it is not only unsafe for the passengers but too many passengers can also be very distracting for a driver, teen or adult. Also, always wear you seat belt. Seat belts do save lives.

A private school bus belonging to The Broach School, a school that serves children with special education needs, lost control and flipped onto its side while transporting students to the school's Jacksonville Beach location. The accident occurred on the off-ramp from 9A to Monument Road around 7:45 a.m. The school bus was transporting nine special needs students. The students were between the ages of 13 to 18-years-old. One student was taken to the hospital from the scene with non-life-threatening personal injuries. Another student sustained a broken hand and was transported to the hospital by her parents. The driver of the bus, Debra Earl, was also taken to the hospital for tests. Earl was ticketed for careless driving. This is Earl's first accident in her 20 years she has been with the company. Officer C.E. Waldrup of the Jacksonville Sheriff's Office said the bus skidded down the off-ramp of 9A and Monument Road when it lost control, went off the pave and flipped onto its side. Waldrup stated he knows the wet roads were a factor in the accident but could not state whether any other factors existed. Tommie Broach, the school's founder and executive director, said that extra attention will be paid to the students' emotional well-being. Broach stated the students will be watched for signs of lingering distress. To read more on this story please see 9 students of The Broach School escaped serious personal injury after their bus flipped onto its side.

In wet conditions Florida drivers need to take extra precautions, especially during times of heavy traffic such as morning and afternoon commutes.

Samuel Hines, 68, of Jacksonville, Florida was the victim of a pedestrian / automobile incident while he was walking home after getting of a local bus. Hines was actually hit by 3 vehicles while crossing Soutel Drive. Police are searching for the first vehicle that hit Soutel, the driver of which fled the the scene after hitting the victim. The first car to strike Hines was described as a dark newer model burgundy or maroon sports utility vehicle. The drivers of the other two automobiles were unable to stop in time and hit Hines while he was laying in the road. Hines was pronounced dead at the scene. Hines was described as a short man who walked with a cane. Friends say he walked almost everywhere and always had fears of being struck by an automobile because he did walk a slower pace. Hines' death is a tragic loss for his family and community. Hopefully, witnesses will come forward and the police will be able to track down the driver of the hit and run vehicle. To read more on this story please see Elderly man killed in hit-and-run accident.

It is against Florida law to flee the scene after being involved in a collision. Hit-and-run drivers neglect to take responsibility for their actions and leave the victim and the victim's family to deal with all the consequences, physically, emotionally and economically.

Continue reading "Hit and Run Accident Leads to Death of 68 Year Old - Samuel Hines" »

Near Oviedo, FLorida, it was reported that there was an automobile accident involving a wrong way driver and a van with children in it. Tragically, the wrong way driver died as a result of this Florida automobile accident. The occupants of the van including the children were injured as a result of this accident. The automobile accident was reported to take place at approximately 1:00 a.m. on State Road 417 north of the State Road 434 exit.

Following road signs and directions can prevent accidents like these. If you are not familiar with an area, make sure that you are paying close attention to the road signs, direction of traffic, and flow of the traffic. You can read more about this story at S.R. 417 Crash Nearly Pushes Van with Children over 150-Foot Embankment, Officials Said.

Mary E. Leduc, a 65-year-old woman of Keystone Heights, was critically injured after a crash that occurred early one morning in Starke, Florida. Leduc sustained critical personal injuries and was hospitalized at Shands at the University of Florida in Gainesville, Florida. According to the Florida Highway Patrol, Leduc, who was driving a 2005 Jeep sports utility vehicle, made a right turn from a private driveway onto the outside, Douthbound lane of U.S. 201. As Leduc was turning onto U.S. 301, Charles M. Milton, 62, of Gainesville, was driving a tractor/trailer behind Leduc. Milton moved into the inside lane to pass and Leduc suddenly changed lanes, moving directly into Milton's path. Milton served in an attempt to avoid Leduc's vehicle but was unable to. The right front of Milton's truck hit the left rear of Leduc's Jeep. Milton sustained no personal injuries in the accident. Charges are pending. To read more on this story please see Keystone Heights woman sustains critical personal injuries in collision on U.S. 301.

Continue reading "Automobile Accident in Starke, Florida Leads to Serious Personal Injuries of Keystone Heights Woman" »

De'Erick McCray, an 18-year-old student at Florida State University, was tragically killed in a 2-car accident in Gadsden County, Florida. The fatal accident occurred on the first day of the Spring 2011 semester. During his lifetime at Florida State University, McCray was very involved with the Black Student Union (BSU). The ambitious student was on BSU's athletics committee and participated in its fall pageant, in which he won title of Mr. BSU. As of now, no accident report has been released by officials. However, the incident did occur around 6:20 p.m. on the corner of High Bridge and Joe Adams Roads. If you would like to read more on this story please see FSU freshman, De'Erick McCray, killed in 2-car accident in Gadsden County, Florida.

This young man's death is a tragedy for his family and community. Car accidents are a leading cause of death for young adults. Distracted driving has become a national problem and includes behaviors such as talking and texting on a cell phone, eating, grooming, talking to other passengers or listen to music too loudly while driving. Young drivers should be aware of the dangers presented by Florida roadways as well as not engage in distracted driving.

A 22-year-old resident of St. Augustine, Florida, was sent to the hospital in critical condition after he slammed into the back of a semitrailer on U.S. 1. The 22-year-old was identified as Taylor Strunk. According to a local news article, Strunk was driving northbound on U.S. 1 behind the semitrailer around 8:40 a.m. The semi began to slow down for a traffic signal and Strunk failed to do the same in time to avoid the truck. The front of Strunk's 2008 Nissan sedan rear-ended the back of the semi and traveled 154 feet before coming to a final rest in the median. Strunk was flown to Shands Jacksonville in critical condition. The driver of the semi only sustained minor personal injuries. Both drivers were reported to be wearing their seat belts. Rear-end collisions are usually caused by drivers following to closely, not paying attention or otherwise being in a rush. Other victims of the collision could have a cause of action against him if he is found to be at fault in the accident. Therefore, drivers need to slow down and keep their attention on the road. If you would like to read more details on this accident please see 22-year-old male sent to hospital in critical condition after rear-end collision on U.S. 1.

The Florida Highway Patrol reported a tragic and unusual automobile accident involving a 14 year old driver. The accident took place in Columbia County on Southwest Haltiwanger Road. The 14 year old driver (Julian Little) suffered critical injuries as did another passenger. It was reported that Jennifer Ann Grant (age 26) and Ronnie Bias (age 10) died as a result of this automobile accident. For some reason, a 14 year old was at the wheel of the vehicle. The Florida Highway Patrol will conduct a full investigation of this tragic accident. One of the issues will be finding out why the 14 year was driving. See Lake City Boy - Woman Killed in Crash After Teen Driver Loses Control of Vehicle.

Safety is always key when any person is driving a vehicle. Of course, in the State of a Florida, a 14 year old child cannot obtain a driver's license or learner's license. Teen drivers are inexperienced and need many hours of practice before heading out onto the roads of Florida.

A 3-car collision on Sunbeam Road in Jacksonville, Florida killed one person and sent 5 others to the hospital. Local officials remained at the scene for a significant amount of time investigating and attempting to determine the cause of the accident. According to Detective J.D. Gregory with the Jacksonville Sheriff's Office, one vehicle was traveling westbound on Sunbeam when it jerked to the left, striking another vehicle. A third vehicle was also hit. The man driving the first vehicle was pronounced dead at the scene. The other five people sent to the hospital were not in life threatening condition. If you would like to read more on this story please see Fatal car crash on Sunbeam Road in Jacksonville, Florida, 1 killed, 5 others injured.

Jacksonville, Florida is the largest U.S. city in terms of population and land area. Therefore, roadways in this heavily populated city can be extremely dangerous. Traffic can be heavy and road construction is an all too common occurrence. Thus, driver attentiveness is a must when driving in Jacksonville. Drivers must keep their focus and attention and the road at all times.

In Florida and other States, people enjoy hunting on private land at hunting camps. While most hunters and visitors to the camp have fun, there are accidents and incidents at hunting camps from time to time. In St. Johns Counyt, Florida, the Florida Times Union reported that there was an unfortunate accident that ended the life of one man (Forest W. Noda) and caused injuries to Krystal Fars, and Chelsea Register. Deputies from the St. Johns County Sheriff's Office responded to the scene.

The details of the accident were not reported. While driving on private roads may be subject to different regulations than on public roads, safe driving and the safety of all occupants should still be a priority. The hunting camp is located near Interstate 95 and Florida 206.

You can read more about this story at Fatal Accident on Hunting Camp Road in St. Johns County Florida.

According to the story posted in the Florida Jacksonville Times Union newspaper / website, alcohol may have played a factor in the accident. Further investigation will be completed due to the death and injuries associated with the accident.

At least 3 people were seriously injured in a head-on collision that occurred after a SUV passed a semi-tractor trailer and slammed into an oncoming pickup truck. According to William Cain of the Florida Highway Patrol, serious personal injuries resulted from this automobile accident. Accident victims were airlifted to Halifax Health Medical Center in Daytona Beach, Florida. The initial investigation revealed that the SUV was traveling eastbound on State Road 40 when it passed a semi-truck and slammed into a pickup truck pulling a trailer that was traveling westbound. After impact, the SUV flipped several times and was finally hit by an oncoming vehicle. According to a Florida Highway Trooper, the driver of the SUV and the driver and passenger of the pickup truck sustained the most serious personal injuries.

Passing a vehicle that requires a driver to go into oncoming traffic can be very dangerous. Vehicles should only pass other vehicles in designated lanes - designated lanes are indicated by dashed yellow lines in the state of Florida. Florida drivers should only pass vehicles when they have clear visibility, are in designated passing lanes and have enough time to pass. If you would like to read more on this horrific accident please see 3 people sustain serious personal injuries after head-on collision.

A hit and run accident in Apopka, Florida caused serious personal injuries to Michelle Moore (17 years old) from Orlando, Florida. The Florida Highway Patrol reported that Michelle was crossing the street at Orange Blossom Trail and Sprint Boulevard. The accident took place at 7:30 p.m. The driver of the hit and run vehicle fled the scene but police believe that Keith Gonzalez was driving the vehicle involved in the hit and run accident. An astute Orange County Deputy Sheriff located a mini-van with a smashed windshield after the accident. You can read more about this story at Orlando teen critical after hit-and-run crash in Apopka, FHP says

As with any investigation or criminal matter, the driver will be entitled to the services of a Florida criminal defense lawyer or the services of the local Public Defender. The State Attorney must prove its case from witness statements, forensic evidence, and other evidence on the case.

At all times possible, drivers should yield and slow down when there are pedestrians in the area whether the pedestrians are using an assigned crosswalk or not.

Steven Vance Gatlin, a 47-year-old truck driver of Lakeland, Florida, died after being involved in a 3-car collision that occurred between Lake Wales and Frostproof, Florida. The accident occurred around 6:56 a.m. A 2004 Freightliner semi tractor-trailer rig, a 2004 Ford minivan and a 2006 GMC pickup truck were all involving in the collision. According to the Florida Highway Patrol, Gatlin, the driver of the Freightliner, failed to maintain his lane and entered into oncoming traffic. The reason(s) for Gatlin’s failure to maintain his lane are unknown. The Freightliner collided with the pickup, causing the pickup to spin into oncoming traffic, where it went into the path of and struck the minivan. The contact caused the minivan to overturn on its right side. The Freightliner also spun out of control and jack-knifed; it finally came to a rest in a ditch.

Rescue personnel pronounced Gatlin dead at the scene. David Theodore Alban, 43, of Loxahatchee, was identified as the driver of the pickup and sustained minor personal injuries. James Alfonso Huggins, 50, the driver of the minivan and his passenger, 51-year-old Catherine D. Huggings, both of Lakeland, were both transported to Lake Wales Medical Center and treated for their personal injuries. If you would like to read more on this accident please see Truck driver pronounced dead in 3-car collision.

The death of this man is a tragedy for his family and community. Florida roadways can be very dangerous. It is important for drivers to stay alter and keep their focus on the road. Florida drivers should always be aware of their surroundings, stay in their lane, and be courteous to others on the road.

A Massachusetts Man was killed after he was hit by a Walt Disney bus at Walt Disney World's Port Orleans resort. The man was identified as 69-year-old Robert Krueger of Yarmouth Port, Massachusetts, on Cape Cod. Krueger was walking alone when he stepped onto the street and into the path of a Disney Bus traveling through the parking lot of the resort. According to the Florida Highway Patrol (FHP), Krueger was struck by the front of the bus, knocking him to the ground. Krueger was later pronounced dead at Orlando Regional Medical Center. The driver of the bus was identified as 57-year-old Rosemary Kincaid of Lake Alfred, Florida. Kincaid did have passengers on board but no injuries were reported. Although the crash is still under investigation, Sgt. Kim Montes, spokeswoman for the FHP, said charges were unlikely due to the fact that Krueger was not walking in a designated crosswalk and the bus had the right-of-way. Some skepticism is being received by locals because of a previous accident that occurred in early April. On April 1, Chase Brubaker, a 9-year-old boy of St. Petersburg, Florida, was struck and killed by a Disney Bus while he was riding his bicycle with a friend at Disney's Fort Wilderness Resort campgrounds. In that incident the FHP blamed the collision on the fact that Chase's tires in his bicycle had little or no air in them. If you would like to read more on this story please see Massachusetts man fatally struck by Walt Disney bus at Port Orleans resort.

Pedestrian personal injuries can be very severe and sometimes fatal. Both pedestrians and drivers should do their part in being courteous to one another and do their best to stay alert and make good decisions when travelling on or near Florida's busy Orlando roadways.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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" »

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.

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.

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.

The 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

To see a link to these alternatives click here.

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

Written By: Lenorae Atter, Attorney

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

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

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

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

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

Written By: Lenorae C. Atter, Esq.

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

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

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

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

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

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

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

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

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

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

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

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

Below are some fatal incidents of texting and driving:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Written By: Lenorae C. Atter
Attorney at Law

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

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

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

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

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

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

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

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

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

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

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

Written By: Lenorae C. Atter
Attorney at Law

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

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

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

Written By: Lenorae C. Atter
Attorney at Law

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

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

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

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

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

Written By: Lenorae C. Atter
Attorney at Law

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

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

Continue reading "Florida Comparative Fault for Injuries" »

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

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

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

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

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

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

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

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

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

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

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

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

Written By: Lenorae Atter
Attorney at Law

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

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

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

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

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

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

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

Securing the load on the back of a truck is Florida law. Automobile Accidents and resulting injuries can occur when loads of wood piles, branches, furniture, etc. are not secured properly to a vehicle. As a personal injury lawyer, I have had clients that were injured in accidents where the contents of a truck have spilled onto the roadway and caused a domino crash as one car swerves or slams on brakes to avoid the debris.

Similar to other automobile accidents involving driver negligence (i.e. rear end collisoon), the driver of a truck with an unsecured load that caused an automobile accident can be held liable along with the truck owner (Florida Statute 316.520). Often, this becomes a factor in such a case because there are a number of commercially owned vehicles or company vehicles that transport such truckloads on the roadway. If you find yourself behind a vehicle transporting loose items, pay attention to the truck's identifying signage or license plate number in case the vehicle continues to drive away. This can be important because if you are injured by the debris of a truck's load, then you may be able to recover compensation for your injuries and losses from the company.

Continue reading "Florida: Unsecured Truck Loads and Related Accidents" »

The Florida Department of Highway Safety and Motor Vehicles tracks the ages of drivers involved in crashes and fatal wrecks. Search our database to see which drivers have the highest and lowest crash rates since 1994.

For example, in 2008, in the age group of 20-24: 1,286,372 licenses were issued. In that same year and age group, there were 45,518 drivers in all crashes and 546 fatal crashes - with a fatality rate of 0.42.

On the other hand, in 1994 and in the same age group, ages 20-24, there were 1,019,642 licenses issued. 42,798 of those drivers were in crashes, 483 of which were fatal - with a fatality rate of 0.47

Therefore, although more licenses are being issued the fatality rate has decreased. Click here to see more results.

It is important to keep Florida highways, streets and roads safe. Drivers should always wear their seat belts and, if transporting a child, drivers need to ensure their child is sitting in a car or booster seat, if required. Also, drivers should always keep their attention on the road and their surroundings. Distracted driving, such as talking or texting on a cell phone, is a main cause in many traffic-related injuries. If you would like to read more about the dangers of texting and driving see Texting While Driving Now Banned in the State of Kentucky - Law Will Save Lives and Prevent Kentucky Automobile Accidents.

The Florida Highway Patrol confirmed the death of a motorcyclist in Tampa after the motorcycle collided with a pickup truck. The motorcyclist was identified as a 43-year-old man, Mark Graves and the driver of the pickup truck was identified as George Gunter, a 74-year-old man of Tampa, Florida.

According to the Florida Highway Patrol, Gunter, driver of the pickup, made a left turn, but failed to yield to the right of way to Graves. Although Graves hit the breaks, he still crashed into the side of Gunter's pickup. Graves died at the scene, Gunter was uninjured.

The case remains under investigation and charges are pending, said the Florida Highway Patrol. If you would like to read more about this story see Man fails to yield, kills motorcyclist.

The loss of this man's life is a tragedy for his family and his community. Although accidents are inevitable to occur on Florida's roads, we, as drivers, can reduce the risk of having a collision by practicing simple driving safety precautions: Pay attention to road signs and your surrounding area and environment. If you are driving in poor weather conditions, take extra caution and yield to other drivers. The safer you drive, the safer you make Florida's highways.

A deadly accident recently occurred on Interstate 95. A dump trump skidded across I-95 in Mims, Florida one early morning, killing a 58-year-old man from Pembroke Park and injuring two others.

Apparently, the dump truck was traveling northbound on I-95 when a tire blew out, causing the vehicle to cut across the median and into the southbound lane. Kim Montes, spokeswoman for the Florida Highway Patrol said that driver and passenger were able to exit the dump truck. However, minutes later a van carrying a trailer of motorcycles slammed into the flipped truck. There are no skid marks on the interstate, therefore officials are under the belief that the van ran directly into the the dump truck and it burst into flames. Officials believe there was one man inside.

The dump truck driver, identified as Eliseo Aguirre, a 34-year-old of New York and his unidentified passenger were taken to Bert Fish Medical Center in Volusia County, Florida. The driver of the 2000 Pontiac van, who was killed, was identified as Victor Pigeon.

The State of Florida Department of Transportation inspected the dump truck to ensure the operators were in compliance with all regulations. It is also unknown whether the driver of the van could see the reflective devices on the truck since the truck was flipped over. The Florida Highway Patrol is conducting an investigation of the accident. If you would like to read more on this story see Dump truck and van collide on I-95 in Mims, Florida, killing one man.

The loss of this man's life is a tragedy for his family and his community. Hopefully, the other two victims make a full and quick recovery. Interstate travel can be very dangerous - drivers are driving at a faster speeds and with less stops. Therefore, it is important to not engage in distracted-driving by talking or texting on your cell phone, wear your safety belt and pay attention to road signs as well as other drivers on the road.

On Monday afternoon a 13-year-old girl was injured after trying to cross the 4 lane University Blvd. near Jacksonville University.

At approximately 3:00 p.m., the girl was crossing University Blvd. heading east towards the Public Library and Gazebo Shopping Center. As she made her way across the roadway, a woman driving a Mazda Protege saw her and attempted to avoid hitting the girl by swerving the vehicle. The teenager's body crashed into the windshield and subsequently hit the top of the vehicle.

The teenage girl survived, without life threatening injuries. Her condition has not been updated. The driver of the Mazda Protege was not cited for the accident.

Reports were unclear as to whether the girl was in a crossing in a crosswalk at the time of the accident. Florida law regarding pedestrians, requires pedestrians to cross in a road in a crosswalk, where available. If the girl was crossing at a crosswalk, then Florida law requires drivers to yield to pedestrians as soon as they are in individual's foot is in the crosswalk. However, if there was not a crosswalk, then Florida requires that the pedestrian give-up the right-of-way to the oncoming vehicle.

Liability in pedestrian injury cases are not always clear cut. Each case should be evaluated on its own merits and facts. The use or lack of use of a crosswalk is not the only fact to evaluate in such cases.

Personal injuries suffered in a pedestrian accident are often serious and it is important to speak with a Florida personal injury attorney so you understand your rights and options. Wood, Atter & Wolf, P.A. understands your rights and can assist you with your legal needs.

The bicyclist, Joshua Galetta, was airlifted to Shands for injuries suffered when a 2002 Lexus collided with Galetta's bicycle. Joshua Galetta, a Green Cove Springs resident, turned off the sidewalk and into the Orange Park Junior High parking lot when he was hit by a car driven by school employee, Marilyn Duke.

Reports indicate that Galetta, upon entering the parking lot, turned into Duke's vehicle. The investigation is ongoing and charges are currently pending.

While Florida bicycle laws do not require anyone over the age of 16 to wear a safety helmet, but the 33-year-old, Galetta, was wearing one. Florida law does require that bicyclists be given the right-of-way, like a pedestrian. However, it is also required that bicyclist provide proper signal and use caution when entering or crossing roadways.

Injuries arising when a bicycle accident can be serious. If you have suffered injuries from such an accident, It is important to speak with a Florida personal injury attorney to help you understand your Florida legal rights and options.

After a crash killed a father and his 3 sons, the car of the driver that killed this family was inspected. Inside Demetrius Jordan's, the driver, Chevrolet Impala was a crumbled can of an alcoholic and caffeine beverage called Four Loko.

The alcoholic beverage sells, on average, for about $2.50 per 23.5-ounce can and has outraged attorney generals. For example, Bruce Goldberger, a professor and director of toxicology at the University of Florida, said that drink is a perfect storm - with its combination of alcohol and caffeine.

Four Loko was introduced on the market in 2006. This high energy drink plus alcoholic beverage contains about 12% alcohol - most beers contain 4-5% alcohol - and are loaded with guarana, taurine and caffeine - to give the drink that "extra jolt". The U.S. Centers for Disease Control and Prevention warn that caffeine-based alcoholic beverages can be harmful, especially because of the high alcohol content. Most people may think the two, caffeine and alcohol, balance each other out. However, a study co-authored by UF professor Goldberger, revealed that drinkers of these high-energy alcoholic drinks became impaired more quickly as opposed if they were just drinking caffeine and they wre more likely to engage in riskier behavior. If you would like to read more on this story see Dangers of High Energy Alcoholic drinks in Florida.

Driving on Florida highways is always dangerous. However, serious dangers are presented when you or someone you are with are driving close to a semi tractor or other large trucks. Following these tips will increase your safety as you encounter semi-tractor trailers on Florida highways:

1. Large trucks and semis behave differently from other cars - stay attentive.
2. Avoid a truck's blind spots. If you cannot see their side-mirrors, they cannot see you!
3. Do not cut off semi tractors or other large trucks because they require a longer distance and take a longer time to stop.
4. When passing a large tractor or bus on a Florida highway use the proper procedure: accelerate slightly and maintain a consistent speed while passing. Wait until you can see the entire cab in your rear-view mirror until you signal to pull in front of the large truck or bus.
5. Before attempting to pass, observe the truck's turning signals.
6. In wet conditions, give trucks at least six (6) seconds of space on Florida highways.
7. If you see unsafe driving, call authorities.
8. Never cut off a tractor truck on or off the highway to make your exist or next turn.
If you would like to read more tips and see the safety tips suggested for drivers of large trucks see Practice safety on Florida highways when nearing semi-tractors or other large trucks.

A Jacksonville, Florida man, James Leon Odum, was arrested Sunday, August 15, 2010, for a hit and run with injuries. According to a news story reported by First Coast News, the man admitted to police that he may have been driving under the influence.

The victim, Anthony Griffith, was driving his Honda Fit up the I-10 ramp from Irene Street Saturday night when he was rear-ended twice by a truck. When Griffith pulled his car over to assess the damage, the truck ran into him and drove away. As a result, Griffith suffered multiple injuries including a broken leg and five fractured ribs.

According to the Jacksonville Sheriff's Office, Odum reported the automobile accident and informed the police that he may have hit someone on the I-10 ramp. Odum also informed the police that he may have had too many drinks before driving his truck home.

Driving under the influence is not only negligent, but reckless.

Continue reading "Jacksonville Florida Man Injured in Possible DUI Accident" »

Due to an alarming amount of traffic collisions on Volusia County, Florida beaches, attendess can expect to see changes soon. Among these approved changes: more signs, a public-awareness campaign, designated parking areas for families and an experimental one-way traffic zone. All of the changes are expected to make beach driving a safer activity. Although Volusia County beaches have been driven on for more than a century, the death to two different 4-year-old children sparked a public outcry for the changes.

Although Volusia County officials refuse to completely ban beach-driving, these changes will are immediate:
1. Electronic billboards directing people to traffic-free zones and off-beach parking areas.
2. Yellow-diamond "Children at Play" signs placed throughout the beaches.
3. Multiple methods such as web sites and brochures will be employed to advertise traffic-free zones.
If you would like to read more on this topic and see more of the immediate changes effective on Volusia County, Florida beaches see Volusia County makes immediate changes to improve safety of its beaches.

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A Jacksonville man appeared in court, with injuries, after he went for a ride through a Jacksonville construction zone while dangling from a truck’s window on August 10, 2010. The story was reported at the Jacksonville Times Union website. The truck was driven by his girlfriend as she tried to escape from him. As a result, the man has been charged with aggravated battery and criminal mischief.
Zebulon Leonard Williams, jumped onto his girlfriend’s truck, held onto the open passenger-side window and tried to grab at her has she drove down the road. The girlfriend’s response was to drive through a construction zone on McDuff and purposefully hit traffic cones to force him off the window and off the moving truck. However, Williams then jumped into the bed of the truck, broke the back windshield and continued to grab for the truck’s driver. The ride ended when the woman stopped at Commonwealth Avenue and Williams jumped from the bed of the truck and still attempted to go after his girlfriend. The woman then drove into him and sped off from the scene. The police later recovered Williams off Commonwealth Avenue where he was hiding behind a tree. Of course, in Florida, the Defendant will be entitled to representation from a Florida criminal defense attorney or the services of the public defender's office. Through an attorney, the Defendant will be able to present evidence and testimony against the criminal charges brought against him. It is difficult to present all of the facts in a newspaper or blog article; however, it may prove to be a challenging defense in light of the details reported in the newspaper.

Car accidents can come in different shapes and sizes. While most automobile accidents do not get reported in the newspaper and do not involve such outrageous details as this one, victims of automobile accidents should seek legal representation from a Florida personal injury attorney to determine their legal rights to compensation for pain, suffering, mental anguish, past medical bills and future medical bills.

A personal injury attorney will be able to assist you with understanding your rights and options if you have been involved in an accident.

Car insurance in Florida is mandated by Florida law (Florida Statute 627.736), which requires that all owners of a registered vehicle carry $10,000 in Personal Injury Protection (PIP Benefits). If you are in a Florida automobile accident, these benefits are designed to provide you medical coverage up to $10,000. Florida law mandates that each owner of a motor vehicle purchase an automobile insurance policy with PIP (Personal Injury Protection) insurance coverage. By following the law, every owner of a vehicle shall have his or her medical care covered under PIP regardless of fault for the Florida automobile accident.

Most Florida PIP policies have a limit of $10,000. However, PIP does not pay 100%, instead your medical bills are covered at 80% by PIP and you are responsible for 20% of the billed amount.

What if you miss work as a result of an auto accident? PIP can be utilized to pay for wage loss but you must be careful since the total amount of PIP available for medical bills and wage loss again is typically $10,000 in total. Accordingly, the more you recover for wage loss, the less you have available for your medical bills Once the $10,000 is exhausted, there is no more PIP benefits. Again, wage loss and medical are not each covered at $10,000, the entire money pot is the $10,000.

What if you find out you do not have PIP coverage under your own policy? The only way you can get coverage through another source, is by meeting the following criteria:

1. You did not own an operable vehicle at the time of the accident. If you own a car, but it's on blocks in your driveway with the engine out, then you are not required to maintain PIP coverage, AND

2. No one in your household has PIP coverage. If you live with someone that has PIP coverage, then you can fall under their insurance.

If you fit these two criteria, then you can apply for PIP benefits with one of the following:

1. The owner of the vehicle in which you were in (i.e. If you were a passenger or if you are driving someone else's vehicle).

2. The other vehicle owner or driver. If you do not meet any of the above, then you can attempt to get PIP coverage through the other party's insurance.

Contacting a Jacksonville Florida personal injury attorney about these issues is much easier than trying to understand them on your own. Know your rights and options from the beginning.

A survey conducted by Seventeen magazine and auto club AAA revealed that although the majority of teens still engage in distracted driving such as texting and talking on cell phones although they are aware of the dangers. Specifically, the survey, which interviewed 1,999 teenagers between the ages of 16-19, found that 84% that distracted driving behaviors increased their crash risk, yet 86% engage in those behaviors.

According to the National Highway Traffic Safety Commission, almost 6,000 highway deaths each year involve distracted driving. State legislatures are starting to crackdown on distracted driving by educating teens of the inherent dangers. In fact, 11 states have completely banned texting while driving in 2010 alone - now, a total of 30 states have complete bans. If you would like to read more on this story and see an interactive map of the laws in the specific states see Distracted driving is a major problem among teens.

Florida is actually one of that states that has no ban on texting while driving. Therefore, it is the responsibility of parents and guardians to make their teens aware of the dangers of distracted driving.

Apparently Benancia Velasquez, 33, fell asleep at the wheel of his van when he rammed into the back of a parked tractor-trailer rig. The crash killed the driver, Velasquez, and sent the van's passenger, whose identity has not been confirmed, to Shands Jacksonville Hospital in serious condition.

The semi tractor-trailer rig was parked in the emergency lane of of Interstate 95 in South Georgia. The scene surrounding the trucking accident was marked off by emergency flares and reflective markers to warn drivers that the rig was disabled. The van was carrying nine passengers from South Florida at the time of the crash, including 3 children - ages 1, 2, and 4 - and their parents. If you would like to read more on this story see Man may have fallen asleep at wheel, kills driver and critically injures others.

This death is a tragedy for his family and the community. Drivers need to be alert before attempting to get behind a wheel. There are many dangers present on the road such as distracted, intoxicated and fatigued drivers. Therefore, if you are alert while driving you can reduce the risk other drivers present. This is even more true if you are transporting children. Adults need to appreciate the responsibility they assume while transporting children. Drivers should always be attentive, wear their seat belts, instruct their passengers to wear their seat belts or, if a child, to sit in the approved booster or car seat.

Airbags are designed to prevent severe personal injuries, so what should you do when a faulty airbag deployment is the cause of severe personal injuries. Also, situations may arise where personal injuries are the result of an airbag not deploying during a collision or accident.
When drivers suffer such issues they often try to go through car dealers or manufacturers for compensation and are unsuccessful because the seller or manufacturer does not want to admit fault or liability. While the company may not want to accept fault, typically the injuries that result from unexpected airbag deployment are considered a product liability issue and the manufacturer would have to address the injury claim.
Recently in Jacksonville, Florida, The Florida Times Union automobile section had a reader that wrote in for advice regarding defective airbag deployment of a Mercedes E350 where the driver airbag and passenger side airbag simply deployed without impact. The reader thankfully suffered no injuries, but was having a lot of difficulty getting the repairs completed. This is unfortunately a common issue even though the manufacturer is the best one to provide the service necessary to correct the problem.
The reason a faulty airbag deployment would occur would be from a defect, negligent construction of the airbag deployment device or poor construction of the airbag system. When there are multiple individuals claiming the same type of incident, often a recall of a vehicle or parts of the vehicle will occur.
A manufacturer can be held liable for injuries that result from a faulty airbag deployment or injuries suffered due to an airbag not deploying properly.