North Florida Injury Lawyer Blog

In Polk County, Florida, a tragic bicycle accident was reported. Daniel Paul Smith was riding a bicycle on the shoulder of the road on U.S. Highway 27 when he was hit by a Semi Tractor Trailer. Deputies from the Polk County Sheriff's Office responded to the scene of the accident and will conduct a death investigation as to this matter. The bicyclist was ultimately pronounced dead after transport to Lakeland Regional Medical Center. For more details as to this incident, see Fatal Bicycle / Trucking Accident Reported in Polk County, Florida.

Florida has laws and regulations in place for the operation of vehicles and bicycles. See Florida Traffic Laws, Rules, and Regulations - Frequently Asked Questions.

A fatal hit and run bicycle accident was reported near Cross City, Florida. The Gainesville Sun reported that Henry Thomas Knight, age 71, was hit by a vehicle on U.S. 19. The Florida Highway Patrol later responded to the scene and are conducting an investigation into the cause and preventability of this tragic bicycle accident. Police believe that a Chevrolet Pick Up Truck (2003 to 2005) may have been involved with this accident. The driver of the pick up truck fled the scene and FHP and local authorities are looking for the driver and the hit and run vehicle involved in this Florid bicycle accident. Investigators are asking local residents and others to be on the look out for a truck with a damaged right side-view mirror assembly. If anyone has information regarding this accident, contact Florida Highway Patrol (800-387-1290) or the Cross City Police Department (352-498-1374).

A Florida bicycle accident attorney can help the victim of a bicycle accident or his family with the various legal and insurance issues that arise with these matters. Often times, a bicycle accident involves issues involving liability / fault, application of traffic laws and statutes, medical bills, medical treatment, insurance, damages, and compensation.

Drivers should slow down and drive with caution when there are pedestrians or bicyclists in or near the roadway. Due to Florida's weather, pedestrians and bicyclists are out and about year round. There are a number of traffic rules and regulations in Florida. Most are set forth in Chapter 316, Florida Statutes. See Florida Traffic Rules, Regulations, and Laws.

Tragically, bicyclists and pedestrians suffer personal injuries and are sometimes even die due to the negligence or fault of drivers. In Florida, it is a crime to leave the scene of an accident when there are personal injuries. Often times, if a person involved in an automobile accident / bicycle accident stops at the scene of the accident, aid or medical care can be rendered in a more timely manner. Following the law can make a difference to the injury victim. Even if nothing can be done, Florida law requires that a person stop at the scene of an accident that the person was involved with.

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.

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.

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.

"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 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.

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.

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.

In Jacksonville and throughout Florida, riding bikes is a popular hobby for people seeking to exercise or simply enjoy the day. Robin Henningsen-Bruce, nearly 50 years-old and a cancer survivor, rides her bike every day 20 to 100 miles near St. Cloud. She rides for health and the pleasure of spinning along at 20 mph. But each trip comes at a considerable risk in Florida where many motorists consider bicyclists to be nuisance, yet Florida Statutes and related laws require both to share the road. Henninggsen-Bruce wrote in an email, “Too many, on both sides are vastly ignorant of the laws and rules that regulate our roads in Florida. I can't blame it all on vehicle drivers as I see a lot of cyclists who blatantly give us a bad name by running lights, stop signs, riding salmon style (against traffic) and just crossing at will.”

According to Mighk Wilson, a smart-growth planner and bicycling advocate at MetroPlan Orlando, said that a common misconception is that bicyclists do not have the right to ride in the middle of a traffic lane for their safety. The practice is known as the “controlling lane,” and allows riders to avoid dangerous obstacles on the roadside and enables them to safely make left turns. Florida Highway Patrol spokeswoman Sergeant Kim Montes also said that motorists do not want to provide bicyclists with the three feet required by a safe passing law on roadways.

However, Florida bicyclists also can cause safety problems. Montes said the two most common traffic violations made by bicyclists are wearing headphones so they cannot hear traffic and riding the wrong way. Just like motorists, bicyclists must abide by the same traffic laws including: riding with the flow of traffic, obeying stop signs and red lights and not riding at night without mounted headlights and taillights.

Alan Snel of the South West Florida Bicycle United Dealers, a Tampa Bay advocacy group thinks that common courtesy could defuse the whole problem; "Both groups can settle it if they show each other respect." For more information on this topic, see sharing the road: bicyclists, bikers and motorists have same rights and duties under traffic laws.

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

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

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

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

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.

A Jacksonville, Florida, bicyclist was recently sent to Shands Jacksonville in stable condition after he was struck by a vehicle on Philips Highway. According to police, the bicyclist appeared to be under the influence of alcohol. The bicyclist, a middle-aged man, was struck by a woman driving a Ford Expedition. The man was attempting to cross Philips Highway around 10:30 a.m. when he was struck. He apparently did not look or misjudged the oncoming traffic, stated Detective J.D. Gregory of the traffic homicide division. The SUV sustained damages to its windshield and right-front mirror. Gregory also stated the driver of the SUV appeared to be within the 45 mph speed limited and charges against her are not being considered at this time. For more read Bicyclist suspected of being under the influence gets struck by car in Jacksonville, Florida.

Driving under the influence is not only dangerous for drivers but also for cyclists. Alcohol impairs a person's judgment and reaction time. Drivers of bicycles, motorcycles or scooters also risk sustaining more severe injuries due to the disparity in size and weight of automobiles.

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.

A bike rider from New Jersey sustained critical personal injuries after she went through the windshield of a Honda Civic on U.S. 411 near Paynes Prairie Preserve State Park. The cyclist was identified as 54-year-old Jayne Henry. According to the Florida Highway Patrol, Henry was on her way back to Paynes Prairie when she pulled in front of the Honda, she was traveling south in the bike lane alongside 441. As Henry approached the park entrance, located in the left turn lane, she traveled across both southbound lanes. The left side of her bicycle collided with the right front of the Honda, according to the accident report. The impact sent Henry airborne and through the windshield of the automobile. She was airlifted to Shands at the University of Florida in extremely critical condition with life-threatening personal injuries. The driver of the Honda, 19-year-old April Ford of Summerfield, and her passenger 18-year-old Shaquita James were not physically injured. For more read New Jersey bike rider sustains life-threatening personal injuries after colliding with automobile at Paynes Prairie Preserve State Park on U.S. 411.

Accidents are investigated by the local Florida law enforcement and / or the Florida Highway Patrol. In addition to the "official" investigation, a private investigator and / or law firm can be retained to assist a driver, passenger, bicyclist, and / or other person affected by the accident. Accident Reconstruction Engineers are often utilized by personal injury attorneys to help investigate and study an accident to determine the speed of the vehicles, location of impact, cause of the accident, and preventability of the accident.

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.

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.

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 15-year-old bicyclist sustained critical personal injuries after he was struck by a car on northbound U.S. 41. A 2003 Buick was traveling southbound on U.S. 41 when the cyclist raveled into the path of the Buick. The contact caused the teenage cyclist to be thrown onto the vehicle's windshield and over the top of the vehicle. The cyclist was taken to All Children's Hospital in St. Petersburg, Florida. To read more on this accident please see Teenage cyclist sustains critical personal injuries after struck by car.

Due to the great weather and warmer climate, Florida has a lot of cyclists on or near the roads year round. Therefore, Florida drivers should always be extra cautious when driving near cyclists or bicycle lanes. Although people can be unpredictable, if you, as a driver, are alert and have your focus on the road it is more likely that you will be able to prevent an accident instead of becoming a part of one.

A bicyclist was recently injured in a hit-and-run and was reported in serious but stable conditions at Shands of the University of Florida. Florida Highway Patrol troopers believe that they now know the type of vehicle that struck the bicyclist on his way home. Louis P. Rateau's Mongoose bicycle was hit and destroyed on State Road 40 and Southwest 41st Street. Rateau was removed from the scene and transported by helicopter to Shands in critical condition. Authorities believe that Rateau's bicycle was hit by a dark-colored 1999 or 2001 Ford F-250 or F-350 type pickup truck. The truck is missing the right front corner lamp and headlight assembly. Parts and pieces of the truck were found in close proximity to items worn by Rateau that were scattered at the crash site. According to FHP troopers, the front of the pickup struck the rear tire of the bicycle, ejecting Rateau. Rateau was roughly 3 miles away from his home when the collision occurred. If you would like read more on this accident please read Bicyclist sustains serious personal injuries after hit-and-run collision, sent to Shands in critical condition.

Victims of hit-and-run accidents suffer in multiple ways. The people who avoid taking responsibility in collisions leave their victims to deal with the medical bills, loss wages, pain, and suffering associated with the accident. Victims of automobile accidents not only suffer physically from the personal injuries sustained, but also suffer emotionally and economically. Victims have a right to be reimbursed and compensated for their injuries. These include medical bills (past, present and future), lost wages, and pain and suffering. Contact a Florida Personal Injury to discuss what you may be entitled to as a result from a car collision.

Under Florida Law, a person riding or operating a motorcycle must wear protective headgear, which is securely fastened to his/her head and complies with the regulations of Federal Motorcycle Vehicle Safety Standard, as well as protective eye gear that complies with the same.

However, there are some exceptions to this rule: People operating or riding a motorcycle do not need to where a helmet if ...
1. The person is riding within an enclosed cab;
2. The person is 16-years-old or older and is operating a motorcycle that cannot exceed the speed of 30 mph.
3. The person is 21-years-old or older and 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.
- If you would like to read more on the Florida Law requiring helmets on motorcycles please see Title XXIII - Motor Vehicles, Chapter 316 - State Uniform Traffic Control, Section 316.211 - Equipment for motorcycle and moped riders.

It should also be noted that although the statutory minimum is $10,000 for an insurance policy, a motorcyclist who is injured as a result of riding or operating a motorcycle can seek damages far exceeding that amount. Personal injury damages can include past, present and future medical bills, lost wages, and pain and suffering. However, these costs can be easily avoided if motorcyclists wear helmets. Helmets have been scientifically proven to reduce the severity of personal head injuries and other severe brain damage. Helmets have also been proven to save lives. If you would like to read some statistics about helmets please see Bicycle Helmets Reduce the Risks of Personal Injuries and Head Injuries to Children - Advice for Parents and Others.

Due to the amount of tragic and potentially deadly injuries Americans have recently sustained while riding bicycles or motorcycles, the National Transpotation Safety Board (NTSB) has issued its own "Most Wanted List." The NTSB's list does not concern criminals, but instead the list was a press release calling for mandatory motorcycle helmets as one of the nation's most needed transportation safety improvement. In 1966 the Highway Safety Act mandated use of helmets for motorcycle riders, which 47 states followed. However, a mere 3 years after the Act the mandatory helmet laws were repealed. Afterwards, motocycle deaths increased dramatically. The repeal of mandatory helmets laws was a sad course of action for our nation. Today, only 20 states have mandatory helmet laws.

Scientific data and studies reveal that helmets decrease the risk of death by 39%. A 1992 study suggested that the chance of brain injury in those riders not wearing a helmet was 66%, compared to 38% of those riders who did wear a helmet. The most deadly or severest forms of personal brain injuries occur most frequently in men between the ages of 15 and 24-years-old. In a study by the University of Southern California, which supported the notion that the worst injuries occur within this age group, two-thirds of motorcycle accidents were caused by rider error such as over-breaking, running wide onurve or excess speeding.

In 2008, 653 child bicycle deaths were reported - of those deaths, only 8% of the children were wearing helmets. Bicycle helmets reduce risk of serious traumatic brain injuries by 95%. However, only 35% of bicycle riders wear helmets. If you would like to read more on this topic please see Helmets saves lives for adult and child cyclists.

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.

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

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

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

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.

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.

An 8-year-old boy, who has not yet been identified, was killed after being hit by a delivery truck while he was riding home from school. The boy was riding his bicycle with his father in Palm Beach County, Florida when the accident occurred. South Florida authorities are conducting an investigation. If you would like to read more on this story please see 8-year-old boy killed while riding bike home from school in Palm Beach County, Florida.

The death of this young boy is a tragedy for his family and his community. Due to the great weather in Florida, many people enjoy riding their bicycles. Florida drivers need to pay great attention while driving and watch out for bicyclists especially children. The current Florida law concerning bicyclists is governed by Florida Statute Section 316.083 - Overtaking and Passing a Vehicle. Pursuant to this statute, drivers must bicycles or other non-motorized vehicles at a safe distance of at 3 feet between the bicycle/non-motorized vehicle and the vehicle itself. If you would like to read more on this statute please see What Is the Florida Law for Overtaking or Passing Bicycles? Rights of Bicyclists.

Another problem Florida drivers face is distracted driving. While driving, please pay attention to your surroundings and do not text or talk on your cell phone / mobile phone.

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.

On August 16, 2010, a bicyclist in St. Augustine, Florida was injured after being hit by car while she was riding across the Kmart Plaza entrance off US 1.

A witness stated that the woman riding the bicycle was near the Kentucky Fried Chicken when she was struck by the vehicle. The woman was flown from her bike as a result of the impact and suffered head injuries. Once rescue responded, she was transported to Flagler Hospital and later sent to Jacksonville by TraumaOne air transportation.

The bicycle accident is being investigated by the Florida Highway Patrol and St. Johns County Sheriff's Office.

Investigations of this kind are usually done to determine fault for the accident, in accordance with Florida law. In Florida, bicyclists fall under Florida Statute 316.2065. If this cyclist was traveling in a crosswalk, then the accident will fall under Section 316.2065(10) of Florida Statutes, "A person propelling a vehicle by human power upon and along a sidewalk, or across a roadway upon and along a crosswalk, has all the rights and duties applicable to a pedestrian under the same circumstances."
Injuries suffered by a cyclist hit by a vehicle can be extensive.

Continue reading "St. Augustine Bicyclist Injured In Accident on August 16, 2010" »

By Lenorae Atter, Attorney

1. Breathe and make certain you are okay. Sometimes we do not realize that injuries have occurred due to shock.

2. Contact the police and let the officer know if an ambulance or fire rescue is needed.

Have the following items ready:

1. Your drivers license.

2. Your insurance card.

3. Your registration. Typically you receive an updated one in the month of your birthday, so put that in a place it is easily accessible in your car.

4. Once the police ask you what happened be certain to a take breaths when explaining. Often, when an accident occurs the adrenaline is running high and the speed of talking can increase. Try to remain calm so that the officer can understand what occurred.

While you are waiting for the police officer to generate a report, it is a good idea to use your camera phone to take pictures of the scene. You want these for use when you file your insurance claim for property damage, but also if you or the other driver/passenger is injured in the accident. Photographs can help formulate your side of the incident if they are taken of the position of the cars and the damage done to the vehicles.

Once you have the police report and have gotten the information as to where the car will be located (get a business card of the tow truck driver).

Before providing a statement to an insurance company, it is advisable to contact a Florida personal injury attorney for advice and representation (if necessary) regarding your rights and Florida law. Insurance adjusters are trained individuals who represent the interest of the insurance company. The insurance adjuster works for the insurance company not you. The insurance adjuster's loyalty is to the insurance company not you. When dealing with an insurance company, having an attorney at your side and on your side is very helpful and can help protect your legal rights.

If you start treating for injuries related to your accident and the other party calls you and offers to "settle your claim for injuries." Do NOT accept their offer. Typically the offer given by the insurance company for immediate injuries is pennies on the dollar for your actual injuries. You have not had time to find out how long you will need treatment, the cost of the treatment needed or the severity of your injuries.
If you are injured from the accident, again be certain you know what your PIP (no-fault) coverage is. Do you have a deductible? If so, what is the amount of the deductible? Make certain your doctor is provided your car insurance information including the claim number, address and name of the company. Your car insurance should be billed before your health insurance. Your PIP coverage will pay 80% of the bill. If you have Medpay, then you have the 80% coverage and Medpay will pay the remaining 20%.
If you need further assistance or need to seek the advice of counsel, please do so. Also, do your research about the law firm.

According to a recent study by Transportation for America and the Surface Transportation Policy Partnership, Florida is the #1 state for cyclists and pedestrians killed in car accidents.

If you are riding a bicycle and get hit by a car, what you do following the accident can either help or harm you when it comes to recovering damages. Here is what you should do to help yourself:

Call the police – Even if you have sustained minor or no injuries, you should all the police and wait for them to arrive so they can take a police report. If you leave without doing this, you may have problems down the line with witness statements, insurance information, and other details as to the Florida bicycle accident.

Do not settle the case at the automobile / bicycle accident scewne – While the driver may be apologetic and offer you some sort of immediate compensation, do not negotiate. Wait for the police and be sure your version of the story is recorded in the report. Many drivers may try to deny their negligence at a later date in order to escape liability for the personal injuries, medical bills, and related damages.

Get driver and witness information – be sure you get contact information for the driver as well as anyone who witnessed the accident. Write down any witnesses’ comments that may be useful to your case later.

Record your story – Write down everything you know about the accident, including date, time, location, weather conditions, traffic conditions, etc. Don’t rely simply on memory, which can change as a result of the trauma or the passage of time.

Don’t fix anything – Do not take your bike to be fixed. Keep everything as it was following the accident – your bike, bike helmet, clothing, shoes, etc. Take photos as well.

Call a Florida personal injury attorney – even before you notify your insurance company, call a Florida personal injury attorney who can advise you on your Florida legal rights and the at fault driver's legal responsibilities for your propert damage, medical bills, future medical treatment, and pain and suffering damages.

If you or a member of your family have been injured in a bike accident and suffered any physical or emotional loss, contact our Jacksonville Florida personal injury law firm.

When an automobile accident occurs in Florida, finding out who is at fault is not always as easy as you might think. There are some instances when a person or company could be sued for negligence in an auto accident even if the person or high ranking company official was not driving or even in the car at the time of the accident.

Here are the most common scenarios when you might be found at fault:

Someone Else Drives With Permission of Vehicle Owner – In Florida, a car owner is responsible for damages caused by accidents involving the negligent operation of their vehicle by anyone who has the owner’s permission to drive the car.

Children – if a child is at fault for an automobile accident, both the teen driver and the owner are equally responsible under Florida’s “dangerous instrumentality rule”.

An Unfit Driver – If a car is entrusted to an unfit driver and his or her negligence causes a Florida automobile accident, both will be liable for injuries and damage. This can include a driver who is intoxicated, unlicensed or under age, inexperienced, reckless or elderly. This is known as “negligent entrustment”.

Your Employee – If an employee is driving a company car and is involved in an accident because of negligence while working, the owner can be held liable.

If you need more information on negligence associated with a Florida auto accident, contact our Jacksonville personal injury attorneys for advice and consultation.

Understanding how damages are awarded in Florida personal injury cases can provide insight into what your personal injury case may be worth. These are the most common types of damages awarded in Florida personal injury cases:

Compensatory Damages – these are meant to compensate an accident victim for any loss incurred because of an accident or injury. The primary types of compensatory damages include:

• Medical – the cost of medical care incurred because of the accident, both current and future, including expenses associated with a permanent disability or disfigurement.
• Property – reimbursement for repairs or fair market value of any property lost or damaged because of the accident.
• Income – lost wages as well as any future earnings impacted by the accident.
• Pain and Suffering – compensation for any pain or serious discomfort caused by the accident, including any ongoing pain or discomfort.
• Loss of Enjoyment – if you can no longer enjoy something you used to do because of the accident – for example, if you were a marathoner and could no longer run, you may be entitled to compensation for loss of enjoyment of life.
• Emotional Distress – compensation for the psychological impact of an accident or injury.
• Family Relationship Interference – if your accident or injury interfered in any family relationships, either with your spouse or children.

Punitive Damages – when a defendant’s conduct is found to be especially careless or egregious, a plaintiff may be awarded punitive (punishing) damages. Florida has a cap on punitive damages of $500,000 or three times the amount of compensatory damages, unless the case involves child or elder abuse. If the defendant caused the injury because they were motivated by financial gain, punitive damages can be raised to $2 million or four times compensatory damages. In all punitive damage awards, 35 percent of the total goes to the state.

If you or a member of your family have been in an accident and suffered any physical or emotional loss, contact our Jacksonville personal injury law firm.