North Florida Injury Lawyer Blog

In Florida, drivers and passengers are the unfortunate victims of fatal automobile accidents. When an accident ends a life of a person and it is caused by the negligence of another driver, a family member can pursue damages for the death or loss of the accident victim. Florida has statutes or laws in place that governed the wrongful death of a victim in a Florida automobile accident. When a death is the result of the negligence of another person, the family member can bring a Florida wrongful death case to pursue damages caused as a result of this negligence. The damages that can be pursued in a Florida wrongful death case are different than those in a case where a person is injured but does not die as a result of the injuries. Chapter 768 of the Florida statutes has various provisions in place that cover in Florida wrongful death cases. A Florida personal injury attorney can help guide, assist, and represent a family when there is a death that results from a Florida automobile accident. It is often helpful to get advice and representation for a qualified attorney in a Florida wrongful death case because the issues of damages, insurance, compensation, and other topics can be quite confusing when there is an automobile accident.

There are many resources available for family members but there is no substitute for qualified legal representation on these matters. David Wolf is a Florida personal injury attorney with over 20 years of experience. He is the author of two books on the subject of personal injury and is also the editor for three blog sites that have over 3000 articles on personal injury matters. When a family member dies as a result of the negligence of another driver, it is a great loss for the family, neighborhood, community, and church for the accident victim. While many people may experience a loss of a person who dies in an automobile accident, the Florida wrongful death statute specifies the family members who can claim a personal loss for the death of a family member. For instance, a surviving spouse can pursue damages a wrongful death case resulting from a Florida automobile accident. Minor children, which are defined as children under the age of 25 can also pursue damages in a wrong for wrongful death act. In certain cases and circumstances, even adult children can pursue a Florida wrongful death case for the death of a family each Florida wrongful death case must be evaluated on its own merits. Because of this. It is important to obtain a Florida personal injury attorney to advise the family members of the respective rights to compensation and damages when there is a loss of a lot of fun.

In Florida, children rely on parents for comfort, support, and guidance from birth through childhood and well into adulthood. Many children form a bond with a parent that goes well beyond the child's 18th birthday which is the typical age of majority or adulthood in the State of Florida. The Florida Wrongful Death Act defines a minor child as a child under the age of 25.

The investigation and pursuit of a Florida Wrongful Death case can be complicated. A Florida Personal Injury Lawyer can help the family get through the challenges of a Florida Wrongful Death Case. There are typically a myriad of issues to deal with when handling a Wrongful Death Case including estate matters, probate matters, insurance matters, accident investigation, medical investigation and other issues.

When a person dies as a result of the fault of negligence of another person, business entity, or government agency, the statutorily defined "survivors" of the decedent have a right to recover certain damages for their losses associated with the death of their family member. Generally, a minor child has a right to recovery for the death of a parent. Under Florida's Wrongful Death Act pursuant to Section 768.18, Florida Statutes - Definitions, a minor child is defined as a child of the decedent under the age of 25 years old. Even though the age to vote is 18 years old and the age to drink alcohol is 21 years old, the age for "majority" for a wrongful death case is 25 years old.

When there is a death in the State of Florida, it is important to know the cause and preventability of the death. Was the death the fault of another person, business, or government entity? Could the death have been prevented? If the death resulted from the negligence or fault of another person, business, or government entity, the family of the decedent can pursue a Florida Wrongful Death case. As part of the pre-suit investigation, it is important to identify the surviving family members and make a determination as to which family members qualify as statutory survivors under the Section 768.18, Florida Statutes.

What is the purpose of the Florida Wrongful Death Act? Pursuant to Section 768.17, Florida Statutes - Legislative Intent, the purpose of the Florida Wrongful Death Act is the shift the losses resulting when a wrongful death occurs from the survivors of the family member of the decedent to the wrongdoer. What does the shifting of the loss mean? It means that the surviving family members can pursue a cause of action or a lawsuit against the wrongdoer - the person or entity that caused or significantly contributed to the wrongful death.

Many people do not realize that the damages involved in a wrongful death case typically involve the financial and emotional losses of the surviving family members rather than the losses sustained by the decedent himself / herself. Due to the complexities of Florida's Wrongful Death Act and related cases, it is advisable to retain the services of a Florida Personal Injury Attorney or a Florida Wrongful Death Lawyer to represent the surviving family members to pursue the case.

As written in Wagner v. Kennedy Law Group, 64 So.3d 1187 (Fla. 2011), the Supreme Court of Florida noted that the Florida Wrongful Death Act "provides that it is the public policy of the State of Florida to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." In other words, the purpose of the Florida Wrongful Death Act is an attempt to substitute the financial resources of the wrongdoer for the financial resources of the decedent had the decedent survived or lived. As noted in the Wagner Case, the purpose of the Florida Wrongful Death Act was also to eliminate the multitude of lawsuits that could have been brought by each survivor if the Act was not put in place. While each family member cannot bring forth the lawsuit, each surviving family member can still have legal representation on the case.

What is Florida's Wrongful Death Act? How Does It Work? These are two excellent questions. In Florida, wrongful death cases are governed by Chapter 768, Florida Statutes and related case law. Chapter 768 sets forth in detail who can bring forth a legal action for the wrongful death of a family member, and what damages can be pursued, what persons qualify as beneficiaries or survivors in a wrongful death case.

Interpreting and understanding the details and nuances of Chapter 768, Florida Statutes and other laws pertaining to a Florida Wrongful Death Case can be very complex and difficult. Because of this, it is important for surviving family members to consult with a Florida Wrongful Death Attorney for consultation, advice, and legal representation regarding these matters. Businesses and insurance companies have their own attorneys and so should a family member dealing with the stressful aftermath of the wrongful death of a loved one.

Florida laws pertaining to wrongful death are not necessarily fair or rational. Some of the provisions of Florida's Wrongful Death Act have been challenged on constitutional grounds but most have failed. The statutory scheme set forth by the Florida legislature is the law of Florida and must be followed in order to be able to pursue a claim for compensation and damages when a loved one dies due to the fault or negligenct of a person, business, or government.

The standard of proof in a Florida Wrongful Death case is similar to that of other civil cases. The Plaintiff must prove the facts supporting the elements of the wrongful death case by a preponderance of the evidence. This is the more likely than not standard of proof which is different that the proof required in a criminal case. The standard in criminal cases that a prosecutor must satisfy is beyond a reasonable doubt. While the standard of proof is not as strict in a civil case, it can often times be challenging to prove that negligence was the cause of death in a civil case. In most cases, there will be expert testimony from medical experts to support the proposition that the death was most likely caused by the negligent act or conduct of others.

In Florida, a wrongful death can and does have a life long impact on the surviving spouse and children. Cases involving the wrongful death of a spouse in Florida are controlled by Chapter 768 - Florida Statutes. Damages and compensation are particularly governed by Section 768.20, Florida Statutes. The amount of damages awarded depend on a number of factors including the length of the marriage, quality of the marriage, and dependence emotionally and financially on the person who was the victim of the Florida Wrongful Death. A Florida Personal Injury Attorney can help the surviving spouse through the complex legal issues involved in a Florida Wrongful Death case.

Pursuant to Section 768.21, Florida Statutes, a surviving spouse, in addition to the value of lost support and services, is entitled to recover the loss of decedent's companionship and protection and for mental pai and suffering. Damages can be awarded to a surviving spouse for past and future losses including those relating to companionship, society, comfort, solace, love, sex, and help in performing tasks around the household. In proving these damages, evidence can be presented to show how extraordinarily close, affectionate, and dependent the marriage was. These are all relevant points to the marriage. See Ward v. Orange Memorial Hospital, 193 So.2d 492 (Fla. 4th D.C.A. 1966).

In Davis v. Brown - 774 So.2d 775 (Fla. 4th D.C.A. 2000), a jury awarded over $7,000,000 for the wrongful death of Kevin Brown who was married to Pamela Brown. The Browns were married for over 30 years. Pamela Brown was particularly close to her husband. The evidence presented at trial included the following facts:

1. Pamela Brown's father abandoned the family during her childhood;
2. Pamela Brown had previously lost a sibling;
3. Pamela Brown's stepfather had made sexual advances to her; and
4. Pamela Brown was 17 years old when she met her future husband.

The Defendant appealed the verdict based on the argument that prejudicial facts were presented at the trial that were improper and resulted in an excessive verdict. The Fourth Court of Appeal determined that the evidence was proper as it provided reasonable background information regarding the surviving spouse and her dependence and relationship with the decedent.

In Florida, there are specific laws, statutes, and cases in place that govern the pursuit of a Florida Wrongful Death case. Many people believe that the purpose of a wrongful death case is to pursue the loss or value of the life of the family member.

Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes and related case law. When pursuing a case for wrongful death, it is important the the relevant statutes are followed and that the case is pursued according to the specific Florida laws on point. There are many twists and turns to a Florida Wrongful Death case. Because of this, surviving family members should consult with and retain a Florida Personal Injury Lawyer to advise them on their respective rights and the Florida laws on point.

Florida law is clear in that the purpose of a wrongful death case is not to compensate for the loss of a life or the "value of human life". These kind of arguments have been deemed to be improper by the appellate courts. In Public Health Trust of Dade County v. Geter, 613 So.2d 126 (Fla. 3rd D.C.A. 1993), the Third District Court of Appeal noted that the "value of human life" argument was found to be improper.

In a Florida Wrongful Death Act case, it is not the value of human life but the losses to the surviving family members that count or have relevance for purpose of awarding monetary damages. In Wilbur v. Hightower, 778 So.2d 381 (Fla. 4th D.C.A. 2001), the Fourth District Court of Appeal noted that the record in the case showed how devastating the loss of the decedent was to the surviving wife. The evidence showed that the wife and the decedent were married for 41 years and there was substantial evidence of the emotional loss and grief of the surviving spouse.

In Florida, the surviving spouse is entitled to compensation for economic losses and non-economic losses when his or her spouse in a Florida Wrongful Death action. A Florida Wrongful Death attorney can help a surviving spouse and other family members with the complex legal issues that are often times involved in such an action, claim, and / or lawsuit.

As noted in Adkins v. Seaboard, 351 So.2d 1088 (Fla. 2nd D.C.A. 1977). The wrongful death statutes allow for the recovery of economic losses which include loss of support and services. The statute also allows for the recovery of sentimental losses which include loss of decedent's companionship for the surviving spouse's mental pain and suffering. If there were problems during the marriage that were leading to a divorce or marital discord, a jury can consider such evidence in determining the award of compensation for the losses of the surviving spouse. As stated by the Court in the Adkins case, the evidence of domestic discord involving the decedent is probative of the extent of the survivor's mental pain and suffering and their loss of the decedent's companionship and protection. See also Collins v. Florida Towing, 262 So.2d 459 (Fla. 1st D.C.A. 1972).

If the wrongful death did not occur, a jury could consider if the marriage would have lasted and the amount of support / services that the other spouse would have in all likelihood would have provided to the surviving spouse. Just because a marriage had flaws and there was even a discussion or mention of divorce, this should not deter the surviving spouse and / or family members from investigating or pursuing a Florida Wrongful Death case when a family member dies as a result of the fault or negligence of another person, business, or government entity.

Certainly, very few marriages are perfect and during marriages (especially long ones) there will be ups and downs associated with the marriage and relationship. Because a normal or typical marriage has its up and downs, the Florida Wrongful Death act does not require that the quality of the marriage be "perfect" or free from any flaws or stresses.

The wrongful death of a spouse is a very stressful event that causes economic and emotional losses of the surviving spouse. The Florida Wrongful Death act provides a cause of action for surviving spouses and children to pursue for the untimely death of a loved one.

In Florida, the death of a parent can and does have a lifelong effect on the surviving children of the parent. It is most unfortunate and tragic when a person loses his or her life due to the neglience or fault of another person, business, and / or government entity. Florida law recognizes the rights of children born during the marriage of the right to recover damages and compensation for the loss / death of a parent. Furthermore, Florida law recognizes the right of a child born out of wedlock to the compensation / damages as well.

There are a number of complexities to Florida's Wrongful Death act and related statutes / case law. It is often times helpful to have representation by a Florida Child Injury Lawyer when there is a wrongful death of a parent. A child has rights that should be enforced so that the child is duly compensated for his or her damages and losses.

In Greenfield v. Daniels, 51 So.3d 421 (Fla. 2010), the Supreme Court of Florida ruled that the dismissal of a child's claim was improper because the Florida Statutes did not require a legal determination of paternity to qualify a child of the decedent to pursue a claim under Florida's Wrongful Death act. As noted by the Supreme Court of Florida, the child could pursue a claim for the death of a parent if it is proved that the decedent recognized a responsibility to support the child.

The Greenfield case supports the position a child should have a right of recover whether the child was born during the marriage, was born out of wedlock, was deemed a child pursuant to a paternity case, or deemed a child by acknowledgement of the parent.

The Florida Wrongful Death Act is set forth in Chapter 768, Florida Statutes. There are many moving parts and complexities to a Florida Wrongful Death case. A Florida personal injury attorney can help a family understand the respective laws and cases. Furthermore, a personal injury lawyer can represent the family in a case for damages sustained or caused by the wrongful death of the decedent. Pursuant to Section 768.21, Florida Statutes, a family member may be compensated for damages in the form of loss of support and services along with pain and suffering. A parent can pursue a case for the loss of a child. A child can pursue a case for the loss of a parent. A spouse can pursue damages for the loss or death of a spouse. In some cases depending on the age of the decedent, parents and children of the decedent can qualify as statutory survivors of the decedent for purposes of Florida's Wrongful Death Act. A frequently asked question is the following: how are damages calculated for purposes of Florida's Wrongful Death Act? This is an excellent question and is quite broad. I will answer the question with a case example and analysis. In Bellsouth Telecommunications v. Meeks, 863 So.2d 287 (Fla. - 2003). The Supreme Court of Florida answered the question as to how pain and suffering type of damages and related noneconomic damages should be calculated when there is a wrongful death case. The court noted that in computing the duration of future losses, the joint life expectancies of the survivor and the decedent may be considered.

An example will help further explain the above case and Florida Statute. Let's say a person dies at the age of 46 years old. The decedent is survived by a child who is 9 years old. The surviving child qualifies as a statutory survivor under the Florida Wrongful Death Act. If the decedent had a 30 year life expectancy and the child had a 65 year life expectancy, damages would be calculated at the lesser of the two. For instance, both the decedent (if the accident or incident did not occur) and the child would have lived an estimated 30 years in to the future. If a jury decided to award the child $40,000 per year for mental pain and suffering for death of a parent, then the total award for pain and suffering could be $1,200,000. Of course, this is just an example and the jury could determine damages above or below this amount or by a different calculation. While the mode of calculation can differ, the jury would be instructed to consider and the joint life expectancy of the decedent and the survivor.

As noted by the Supreme Court in Bellsouth Communications v. Meeks, a survivor's recovery should be measured by the joint life expectancy of the statutory survivor and the decedent.

In Florida, damages for compensation can be pursued by the Personal Representative of the Estate of a person who died as a result of the negligence or fault of another person or business. These legal cases are governed or controlled by Chapter 768 - Florida Statutes. There are various forms of damages that can be pursued by the Estate / Personal Representative. These damages included a loss of Net Accumulations. The economics of a legal case can be very complicated and in some cases difficult to prove without proper documents, financial evidence, and expert testimony. A Florida Personal Injury Lawyer can counsel, represent, and advocate for family members pursuing a Florida Wrongful Death Act. Pursuant to Section 768.18 (5), Florida Statutes, Net Accumulations are defined as:

"(5) 'Net accumulations' means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind."

Net Accumulations consider the living expenses of the decedent and what the decedent was able to save (if anything) over his or her income. For instance, if a person earned $100,000 a year but did not save any money during the year, the Net Accumulations based on these figures would be nothing. Net Accumulations are also problematic for a person who was unemployed at the time of death or retired at the time of death. Often times, the hiring of an economist or a C.P.A. (Certified Public Accountant) is necessary to calculate and prove up the amount of or estimated amount of Net Accumulations.

In Tobias v. Acott - 681 So.2d 905 (Fla. 4th D.C.A. 1996 -, the jury awarded the Estate in a Florida Wrongful Death case $150,000 in loss of net accumulation damages. The Fourth District Court of Appeal reversed this jury award since there was no evidence presented as to the decedent's income or salary let alone how much the decedent might have saved throughout his normal life expectancy. See also Arab Termite v. Jenkins - 409 So.2d 1039 (Fla. 1982).

In Florida, a case or lawsuit for the wrongful death of a person is controlled by Chapter 768 of the Florida Statutes and related case law. By Florida law, a wrongful death action is brought or filed by one Plaintiff on behalf of the estate of the decedent and the statutory survivors of the decedent. See Section 768.20 and Section 768.21, Florida Statutes. The Plaintiff in a wrongful death action is the personal representative of the estate. The personal representative can be a relative and / or a beneficiary of the estate of the person who was wrongfully or negligently killed by the negligence or wrongdoing of another person or entity. The personal representative is sometimes named in the will of the decedent. If there is a no will, a probate Judge can appoint a personal representative upon petition of a person seeking to act or serve as the personal representative of the estate. It is important to consult with a Florida personal injury attorney regarding wrongful death matters or issues because these type of cases can be and are complicated by a variety of laws and statutes on point.

The personal representative, who serves as the "figurehead" on the case, acts on behalf of the estate of the decedent and serves to seek damages for both the estate and the statutorily defined survivors of the estate which are set forth in Section 768.21, Florida Statutes. Here are the relatives who may seek damages for the death of a loved one in the State of Florida:

Surviving Spouse. If the person was married at the time of death, the surviving spouse can seek damages for the loss or the decedent's companionship and protection. In addition, the surviving spouse can seek damages or compensation for mental pain and suffering.

Minor Children. If there is a spouse, minor children can also be awarded or compensated for the loss of parental companionship, instruction, and guidance. In addition, a minor child can seek damages or compensation for mental pain and suffering from the loss or death of a parent. For purposes of Florida's wrongful death laws, a minor child is defined as a child under the age of 25 years of age.

Adult Children. If there is no surviving spouse OR if the decedent was single or divorced as the time of death, adult children, which are defined by the Florida wrongful death laws as children 25 and older, can seek damages and compensation for loss of parental companionship, instruction, and guidance. Mental pain and suffering can also be awarded to an adult child for the loss or death of a parent.

Parents of a Minor Child. Each parent of a minor child can recover damages or compensation for pain and suffering as a result of the wrongful death of a minor child which again is defined as a child under the age of 25 years old.

Parents of an Adult Child. Each parent of an adult child can recover damages or compensation for pain and suffering as a result of the wrongful death of an adult child assuming that there are no other survivors (i.e. a spouse or children of the decedent).

There is an exception for medical malpractice cases in the State of Florida. In order to be able to pursue loss of companionship and pain / suffering type of damages, there must be either a surviving spouse and / or minor children to be able to pursue these damages in a Florida medical malpractice case.

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.

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.

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.

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, 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" »

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.

A 23 year old a Jacksonville , Florida Forrest High School graduate died as a result of carbon monoxide poisoning. Rebecca Hawk and her roommate were found unconscious in their Tampa, Florida apartment. Both women were taken to a local hospital were Hawk was pronounced dead. Hawk's roommate survived. Both Hawk and her roommate were sleeping when they were exposed to carbon monoxide. A 22 year old neighbor left his car running overnight for about 12 hours in a garage that was attached to Hawk's bedroom.

Carbon monoxide is a odorless and colorless gas that can kill in minutes. Several hundreds of people die from accidental exposure to carbon monoxide each year. There are many things that can do to prevent carbon monoxide poisoning. Each year you should have your fuel burning appliances inspected by a trained professional. Make sure you fireplace and chimney are in good working order. Remember - never leave a car idling in the garage. You should never use an outdoor grill indoors. There is a simple device known as a carbon monoxide detector that can be used as a back up device, but remember to use common sense and follow the rules provided by the United States Environmental Protection Agency when it comes to avoiding carbon monoxide poisoning. For more information see, Tragic Death of Rebecca Hawk Resulted From Carbon Monoxide Poisoning.

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.

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.

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.

A tragic crane incident occurring at a Pepsi bottling plant in Tampa, Florida, left one dead and another Florida worker with serious personal injuries. The incident occurred after a crane collapsed in the Pepsi Cola bottling plant. According to Tampa Fire Rescue officials, the incident occurred just before 1 a.m. after a lift system that was undergoing maintenance collapsed on two workers, both of which were men contract workers out of Pennsylvania. Captain Bill Wade confirmed one men was pronounced dead at the scene and the other sustained serious personal injuries to his legs. For more details please read Collapsed crane at Tampa, Florida, bottling plant kills one and personally injures another.

The death of this man is a tragedy for his family and community. Florida law has its own statute regarding wrongful death. In the event of a death caused by the negligence of a third person or business (other than the employer) Florida's Wrongful Death Act will control the issues, including damages, of your case. Since the incident happened on the job, Florida's Worker's Compensation laws will be the primary law on point. For more information on Florida's Wrongful Death Act please read
Florida Wrongful Death - How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 1; and

Florida Wrongful Death - How Does Florida Law Work? What Are My Rights as a Survivor of a Relative Who Died as a Result of the Negligence or Fault of Another Person or a Business? Part 2.

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.

Two students at the University of Florida were tragically killed while caving in the Crockford Pigeon Wildlife Management Area. Michael Pirie, 18, of Ocoee, Florida and Grant Lockenbach, 20, of DeLand, Florida were caving with eight other members of the University of Florida Fellowship of Christian Athletes. Lockenback descended 60 feet into the middle of snow-fed waterfall to retrieve a duffle bag that another friend had somehow dropped down the shaft. Somehow, Lockenbach's rope got tangled in the icy water and he was unable to move up or down. After Lockenbach called for help, Pirie went down the cave to try and rescue him. Neither student returned. Their bodies were later found by emergency crew members still dangling from the rope in the waterfall. Their bodies were taken to the state crime laboratory in Atlanta for autopsies. Steve Wilson, Sheriff of Walker County, Georgia, said both men had apparently died of hypothermia. David Ashburn, Director of Emergency Services for Walker County, Georgia, said the group was ill-equipped for the weather conditions of the caves, which stay around 50-60 degrees year-round; the water was probably around 40 degrees. Both men were wearing shorts and a t-shirt. Wilson stated the men probably survived 20-30 minutes in the rushing ice water. The other eight members who did not descend into the cave had to be treated by emergency crew members for mild hypothermia. For more please read Two University of Florida students killed during caving expedition.

The deaths of these two men are a tragedy for their families and communities. Although caves are beautiful, these areas can be quite dangerous. Caves stay at low temperatures due to lack of sunlight and can be filled with ice-cold waterfalls and other rushing water.

At approximately noon on Saturday, January 22, 2011, a crawler construction crane that was being operated by an independent contractor to remove another crane from a dock inside the JAXPORT Talleyrand Marine Terminal in Jacksonville, Florida topple-over killing the independent contractor. The man was identified by the Jacksonville Sheriff's Office as Anthony F. Roberts. According to police, pieces of the crane Roberts was removing for scraps toppled over and crashed onto the cab of the crane he was operating. Roberts was pronounced dead at the scene. According to the news report released subsequent to the work related / industrial accident, spokeswoman for JAXPORT, Nancy Rubin, said she did not know any information about the victim except that he was not an employee of the port. According to Rubin, the port has sold the old crane to another company, which in turn hired a contractor to operate the another crane to dismantle the old crane. The Occupational Safety and Health Administration is investigating the incident. To read more on this incident see Worker dies after crane topples over him at JAXPORT.

The death of this man is a tragedy for his family and community. Hopefully, the investigation conducted by the Occupational Safety and Health Administration will reveal whether or not guidelines were followed and standards were met.

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.

Jorge Ramirez, a 28-year-old male of Dade City, Florida, was killed recently after a tractor-trailer he was working on fell on top of him, killing him instantly. According to the Pasco County Sheriff's Office, Ramirez was working under the tractor-trailer at Contreras Brother's Trucking Company when the vehicle gave way and rolled on top of him. Ramirez was killed instantly. Investigators say his death appears to be an accident. If you would like to read more on this story please see Man dies after tractor-trailer falls on top of him.

The Associated Press article regarding this incident did not detail if there were others involved with the repair or what safety precautions were taken by the mechanic or others to prevent such an incident from taking place. Any time that a person is working on or with heavy equipment - it is important that safety precautions are taken to prevent serious personal injuries and death.

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.

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.

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 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.

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.

http://www.woodatter.com/

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

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

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

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

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

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

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

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

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

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

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.

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.

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.

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.

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.

The parents of a 17-year-old Boy Scout who died a year ago while hiking in the Everglades have filed a wrongful death lawsuit in Miami-Dade County Court against the Boy Scouts of America and its South Florida Council, the scoutmasters who supervised the hike and Plantation United Methodist Church where Scout Troop 111 was based.

On May 9, 2009, Michael Sclawy-Adelman participated in a 20-mile hike through The Florida Trail in Big Cypress National Park in the Everglades. His parents, Howard Adelman and Judith Sclawy-Adelman, say that even though halfway through the hike their son started exhibiting symptoms of heat exhaustion, the scoutmasters continued on.

According to the parents, Michael became “dizzy, disoriented and delirious” by mile 15. The hike was stopped, but no call for medical help was made for another 90 minutes, according to GPS data and investigative reports.

An article in the Naples News had quoted scoutmaster Howard Crompton as saying it appeared that Michael was “a little overheated and a little dizzy so we sat him down, gave him some water and put his feet up and let him rest. Then he stopped breathing.”

Crompton performed CPR until an emergency medical helicopter arrived; Michael died shortly thereafter from heat stroke.

The heat in Florida has always presented challenges for those participating in strenuous physical activities. The Centers for Disease Control and Prevention provides information on how to prevent heat-related illnesses on their website, which you can access here.

Three teenagers killed last August in a car crash at a Stuart, Florida construction site were at an open-house party drinking alcohol before the accident, according to the two men who hosted the party.

Craig Frick and David Harper turned themselves into authorities following the August 2009 car accident that claimed the lives of the three Stuart teens. The two men have been charged with furnishing alcohol to minors.

The parents of one of the victims, 16-year-old Connor Graver, have filed a Florida wrongful death lawsuit against the construction company, saying that it failed to provide adequate lighting at the site.

The vehicle occupied by the teens slammed their SUV into a front-end loader at the Cove Road construction site early in the morning of August 4, 2009. Toxicology reports showed that all of the teens had been drinking; the driver – 18-year-old Nicholas Coady – had a blood-alcohol level of 0.251 percent, more than three times the legal limit in Florida.

The Florida Highway Patrol investigation of the accident said that speed and alcohol were both factors in the accident. Officers found empty beer cans in the vehicle at the scene.

To learn more about this deadly Florida automobile accident, you can read the original news stories at Questions Surround Death Of 3 Teens In Crash.

The parents of a 22-year-old Naples woman killed last November in an auto accident have filed a Florida wrongful death suit against Collier middle school teacher Andrea Kidder and her husband, Matthew.

According to the Florida Highway Patrol report, the victim – Bree A. Kelly, 22, of Naples – was a passenger in a truck driven by Nicholas Mason, 19, also of Naples. Kidder, 28, was eastbound on Interstate 75 in the left lane and rear-ended Mason’s slower-moving truck, causing it to spin and eventually overturn several times.

Kelly was thrown from the vehicle and later died at Lee Memorial Hospital in Fort Myers.

The FHP reported that Kidder’s vehicle was traveling at an estimated speed of 90 mph; the posted speed limit is 70 mph. The report cited Kidder for excessive speed and careless driving, but the investigation is still ongoing pending results of Kidder’s blood-alcohol content test.

The wrongful death suit filed by the parents of Bree Kelly allege that Kidder was intoxicated at the time of the accident and was negligent in driving her car into Mason’s vehicle, which resulted in Kelly’s death.

Kidder’s husband is named as a party to the lawsuit under the Florida Dangerous Instrumentality Doctrine because he is a co-owner of the vehicle that caused the accident.

You can read more about the case at Fatal I-75 crash in 2009 spawns lawsuit against Collier teacher.

If a person dies due to the legal fault of another person or entity, a wrongful death claim may exist. In Florida, those who can potentially recover damages for a wrongful death claim include:

• Spouses
• Children under the age of 25 (both natural and adopted)
• Parents
• Siblings
• Grandparents

Basically, any blood or adoptive relative who has depended upon the deceased for support or services may file a wrongful death claim in Florida. The state defines “support” as both financial and contributions-in-kind; “services” are usually held to mean anything the deceased did that now requires additional expense to maintain – household chores, driving, etc.

The type of damages that are recoverable are spelled out in the Florida Wrongful Death Act and are edited here for brevity:

(1) Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.

(2) The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury.

(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.

(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

(5) Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.

If you need more information on filing a Florida wrongful death claim, contact a Florida Wrongful Death attorney for advice and consultation.

Each state imposes a statute of limitations on filing personal injury lawsuits and Florida is certainly one of them. What is a statute of limitations? It simply means the period of time in which a person must start legal proceedings.

Here are the Florida statutes of limitation:

Personal Injury – legal proceedings must be initiated within four (4) years from the date of injury.

Medical Malpractice – legal actions against medical professionals must be filed within two (2) years – either of the date of the act that resulted in the injury, or within two years from the date the injury was (or should have been) discovered. However, if a plaintiff is able to prove the presence of concealment, fraud or misrepresentation regarding the injury, the limitation period is extended for another two (2) years.

Professional Malpractice – legal actions against professionals (accountants, attorneys, etc.) must be filed within two (2) years of the date the injurious act was (or should have been) discovered.

Product Liability – actions must be filed within four (4) years from the date of injury.

Wrongful Death – action must be filed within two (2) years of the date of death.

Fraud – must be filed within four (4) years.

Defamation – charges of libel, slander or defamation must be filed within two (2) years from the date of the action.

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