South Florida Car Accident Lawyer Blog

CinemaBlend.com reports that actor Gene Hackman was bike riding in the Florida Keys when he was hit by a car. Many bicycle riders have experienced scrapes, bumps, bruises at some time when riding a bike. It is reported that Mr. Hackman, who is 81 years old, was not wearing a helmut.

Mr. Hackman was riding his bicycle on Islamorada Street when he was struck by a pick-up truck. The pick up truck approached from behind and knocked him off his bicycle. Mr. Hackman fell into a grassy area which served to minimize his potential injuries. After his bicycle accident, Mr. Hackman was transported by a helicopter to a hospital emergency room to treat his injuries.

Fortunately for Mr. Hackman his accident was more frightening than life threatening. According to USA Today, Mr. Hackman suffered "bumps and bruises" as the result of his South Florida bicycle accident. Jessica Grabert author of the CinemaBlend.com article, expresses the hope that Mr. Hackman will exercise more caution in the future, both in wearing a bicycle helmut and to try never again to put himself in a position to be rear-ended.

Mr. Hackman, has the right to bring a negligence claim against the owner of the truck that struck him. Florida law presumes that the driver of a vehicle that strikes a bicyclist, or other vehicle in the rear is 100 per cent responsible and liable for all of the innocent victim's damages, which include pain and suffering, lost wages and medical bills.

Continue reading "Gene Hackman Has Potential Negligence Case After Florida Bicycle Accident" »

BicycleUniverse.info reports that most bicycle accidents statistics are under-reported, because the police often don't usually prepare a report if the bike rider hasn't suffered what the officer perceives at the accident scene to be a serious injury.

A police report, however, is an essential piece of evidence for an attorney when attempting to build a personal injury case. The police report will have the officer's narrative of how the accident transpired; the addresses of all parties; names and addresses of witnesses; the weather conditions; a diagram of the crash scene; and will usually ascribe fault to one of the parties, more often than not, the vehicle that struck the soon to be plaintiff-bicyclist.

When involved in a Florida bicycle accident, always report the accident to the police and indicate whether or not you were injured. An accident victim should also do his or her best to assist the police in obtaining the names, addresses and telephone numbers of witnesses to the accident. A witness to an accident more often than not has seen something of critical importance to the eventual prosecution of a personal injury claim.

Never apologize at the scene of the accident for the crash. In reality, you may not be legally reponsible for the accident. An admission of fault could severely compromise your ability to bring a successful claim for compensation.

Continue reading "How To Build A Cause of Action When Injured In A Bicycle Accident" »

Aman in Fort Lauderdaleended up with aminor injuryto his kneeafter he washit by a school bus while riding his bicycle in SouthFlorida today in Dania Beach.

He thanked god for his reflexes whosat on a bench icing his bloody left knee after the accident.

At approximately8 a.m. this morning Maurice Burrel was riding his bike on eastboundStirling Road, on his way to his job atan auto repair store, when he attempted to cross Lake Shore Drive andwas hit by the bus.

Hesaid he washit as the bus was making a right handturn onto Stirling Road.

He said that the driver should have stopped as the light was red. He said the driver did not wait to see if anyone was approaching.

Mr. Burreljumped off his bicycle before itwas run over by and ended up under the bus.

The Broward Sheriff's office reported that the school bus in this accident carried seven special-needs children and its destination was anearby autism center.

None of the children aboard the schoolbus were injured in this South Florida accident.

The victim in this accident is exceedingly lucky.Tragically other South Floridabicycle accident victims are not as fortunate.The victim here may have the right to file a claim against the ownerof tghe

He later transported himselfto Memorial Regional Hospital to get his kneeexamined.

It has not as yet been reportedif the school bus driver will be cited for this accident.

The victim in this accident is exceedingly lucky.Tragically other South Floridabicycle accident victims are not as fortunate.The victim here may have the right to file a claim or lawsuitagainst the ownerof the school bus.Florida law will hold the owner of the school bus liable for the negligent acts of it's employeedriver committed in furtheranceofdriver's employment.Here as it is clear that the school bus driver wasperforming her assigned dutiesinthe operation of the bus and in thetransportation of the special needs children, the owner of the bus, who more than likely is the employer of thedriver,may be found to bevicariously legally responsible for the bicycle victim's damages.The victimhere should seek followup medical care, treatment and testing with regard to his knee. He should if contacted by the risk management service for the companying either insuring the bus or the school decline to give a statement recorded or otherwise until he has had the benefit of legal counsel He should also seek legal counsel as to what his legal rights may be as his earliest possible convenience.

If you, a family member or a friend has been involved in a Florida bicycle accident, bus accident, car accident or any kind of accident resulting in an injury legal counsel should be contacted right away. Call the Law Office of David I. Fuchs at 954-568-3636 for a consultation as to your legal rights before giving a statement of any kind to any insurance company that may call you. http://www.southfloridapersonalinjurylawyers.com/practice-areas/school-bus-accidents/

OnOct. 16, 2009, plaintiffs' decedent Michael Mazurek, 41, an orthopedic trauma surgeon for the United States Navy, rode his bicycle to work at the Naval Medical Center in San Diego.While Mazurek was traveling south on Murphy Canyon Road, a medical transport van operated by Gustavo Gonzalez allegedly cut off Mazurek while making a right turn into a Walmart parking lot. As a result, Mazurek struck the back and side of the van, causing him to slide under the rear right tire of the vehicle, which ranhim over.

Three weeks later, Mazurekdeceased from the injuries sustained in this accident.

Mr. Mazurek's surviving spouse and family members,filed a lawsuit againstGonzalez and American Medical Response Inc., Gonzalez's employer and owner of the van. The plaintiffs claimed Gonzalez's negligent operation of the vehicle was the proximate cause of the accident and Mazurek's wrongful death. Theyfurther alleged that American Medical was vicariously liable for Gonzalez's actions.

The plaintiffs contended that Gonzalez cut off the decedent on southbound Murphy Canyon Road while making a non-emergency right turn into a Walmart parking lot. The plaintiffs claimed that according to a GPS computer mounted on theMazurek's bicycle, hewas traveling at 30 mph just seconds before impact, which iswas justunder the posted speed limit of 35 mph. They further claimed that theMazurek was riding downhill in the right merge lane, with Gonzalez's van traveling ahead before it turned in front of him, causing the accident.

The defendants argued that the decedent, Mazurek's GPS also revealed that he ran a stop sign 375 feet prior to the point of impact. Gonzalez claimed that he did not see the decedent, who was more than 85 feet behind him to his right, even after he signaled and checked his rear-view mirrors twice during the last 60 feet before his turn. The defendantGonzalez also claimed it was dark at the time of the accident, so he would be unable to see decedent through his mirrors.

Prior to the trial, the parties stipulated that Gonzalez was acting in the course of and scope of his employment for American Medical.

On Nov. 2, Mazurek was transferred to UCSD Medical Center for hyperbaric oxygen therapy, wherehis condition continued to decline, as he went into liver, renal and respiratory failure. He died thereas a result of his injuries.

The details of decedent's injuries were kept out of trial.

The plaintiffs asked the jury for $10.1 to $13.2 million in economic damages, consisting of decedent's past and future lost earnings. The plaintiffs further sought $8.2 million in non-economic damages for the loss of love, care, comfort, society, guidance and moral support.

The defendants did not dispute that decedent's injuries and death were caused by the accident. However, the defendants contended that the main causes of decedent's death were his unsafe speed, aggressive bike riding and inattention to the van signaling and slowing to prepare for a turn ahead.

During closing, plaintiffs' attorney suggested that decedent's negligence was no more than 10-20 percent.

The jury in the casefound the defendants 75 percent liable for the accident and decedent 25 percent comparatively liable. The plaintiffs were awarded $17,440.564.23 in total damages, reduced by 25 percent to $13,080,423.20.

Estate of Michael Todd Mazurek

$1,546,709 Personal Injury: Past Medical Cost

$373,513 Personal Injury: Past Lost Earnings Capability

$10,500,000 Personal Injury: FutureLostEarningsCapability

$1,000,000 Personal Injury: Past Pain And Suffering

$4,000,000 Personal Injury: Future Pain And Suffering

$20,342 Personal Injury: burial expenses