South Florida Car Accident Lawyer Blog

The Los Angeles Times has a news story about a young girl in China who fell into a 20 foot deep sinkhole while speaking on her cell phone.

Her accident was videotaped by security cameras posted near the sinkhole. This video has apparently gone "viral" throughout the internet. The young woman was not injured but reportedly quite embarrassed by her fall.

The Times story indicates that there are studies that have shown what I believe to be the obvious that pedestrians are more likely to engage in unsafe conduct and are less aware of what is going on around them when speaking on a cell phone. The Times story cites references other media sources that are reporting that there may have been warning blocks on the street that the young woman did not see. The Times reporter indicates that she herself did not see any colored warning cones or security tape around the area of the sinkhole.

A cab driver who witnessed the accident, left his taxi and climbed into the hole to help the girl. He reported to the media that the girl at first appeared to be unconscious but responded after he shook her. He added that she was very emotional, was shaking, and was crying.

Continue reading "Cell Phone Distraction Can Lead To Accidents And Potential Legal Liability Issues" »

The Tennessean reports that a husband has been criminally charged with vehicular homicide in the road rage death of his wife after he and another motorist "fought" on a highway. The other driver was similarly charged.

The police are charging both drivers after interviewing witnesses and conducting a further investigation that revealed that both drivers were guilty of aggressive driving. The state prosecutors and police would not delineate how the drivers were driving aggressively. The court records, however, allude to an escalation that led to attempts to crash into one another and finally a huge car accident that killed one of the driver's wives.

The police investigation indicates that there was no narcotic or alcohol use involved in the fatal crash and that the drivers did not know one another. The District Attorney said this is one of the rare instances to have multiple charged parties in one vehicular homicide accident case.

The District Attorney added that while the husband in question did not intend to kill his wife, she died as a direct result of his actions. Both defendants, if convicted of vehicular homicide, could be looking at spending three to six years in prison. Police are requesting that anyone who may have any information regarding this accident to call 615-859-3405.

Continue reading "Husband Could Face Civil As Well As Criminal Legal liability In Road Rage Accident That Killed Wife" »

The Orlando Sentinel is reporting that a three car Florida car accident that resulted in the death of a 3 year old child, who had probably unbuckled herself from her booster seat prior to the accident, has focused attention again to the need and legal requirement to wear a seat belt.

Her mother had seat-belted her daughter into the child seat and apparently did not know that she had later unbuckled herself. The Florida Highway patrol indicates that that she was shocked to later learn from State Troopers that her daughter was in fact unrestrained at the time of the car accident.

The Florida Highway Patrol says that it is quite common for children to later unbuckle themselves and that parents need to be aware of this and to also educate their children as to the need to be seat-belted at all times while a passenger in a car. Parents should keep a watchful eye on their children while in the car to assure that they remain seat-belted.

Florida Statute 316.614 requires that as a prerequisite to operating a car, that all passengers under the age of 18 are wearing a seat belt or are restrained by a child safety device according to section 316.613. While the parents in this matter may be able to bring a wrongful death claim against the driver that caused this accident, the attorneys for that driver will in all likelihood utilize Florida's seat belt defense as a defense in the case.

Continue reading "Wearing A Seatbelt Can Avoid The Seatbelt Defense In A Florida Negligence Case" »

Miamiherald.com reports that a Florida House subcommittee has passed 16 claims bills after hearing the cases of individuals who were either critically injured or killed due to the actions of bus drivers, cops, hospital workers or other State of Florida employees.

A Florida claims bill which is also referred to as a relief act, is a law that gives compensation to a person or an entity for personal injury and other damages caused by the negligence or mistake of the state, an agent or employee of the state, or state agency. It is a method by which an injured victim may receive a monetary award even though the at fault state agent or agency may have immunity from a lawsuit. A majority vote of the Florida Senate and Florida House is required in order for a claims bill to pass.

There is a four year statute of limitations with regard to the presentation of such claims. Pursuant to Florida Statute 11.065, if a claim is presented after this time period that claim shall be deemed to be invalid and void. If the Legislature approves a bill it shall be deemed payment in full and no other claims for relief can be presented to the Legislature regarding that specific claim in the future.

Florida law requires that the legislature approve judgments against the state or any of it's political subdivisions that are in excess of $200,000.00. In the last legislative session, the Florida Legislature amended §768.28 which provides for a limited waiver of sovereign immunity for negligence claims against the State of Florida, it's agencies and it's political subdivisions. The legislature raised the dollar limit on liability in the statute from $100,000.00 per individual and $200,000,00 for each occurrence to $200,000.00 per individual and $300,000.00 per occurrence. This change applies to claims that arise after October 1, 2011.

Continue reading "Florida Claims Bills For Negligence Cases Against The State In Process Of Being Passed By Legislature" »

Galvestondailynews.com reports that a Texas woman hurt in a car accident by the actions of a driver that was driving the wrong way has filed a lawsuit claiming her treating hospital's bill of $20,211 fee is not reasonable for diagnostic tests and an examination.
In her lawsuit the plaintiff maintains that the hospital increased it's fee over 500 per cent when it learned she was involved in a car accident and to have a lien against her car accident settlement proceeds.

According to her complaint, her treatment chart revealed that her total treatment time at the hospital was 4 hours and 2 minutes. Her complaint states that she was not admitted as an inpatient and that her hospital treatment consisted solely of an examination and diagnostic tests.

Her complaint states that the defendant hospital perfected a lien on her Texas home. She further avers in the complaint that the insurance company for the at fault party in her car accident settled for it's insured's policy limits of $30,000.00.

Her complaint maintains that last September, the hospital's online billing system showed that she owed the hospital $4,850. The collection company hired by the hospital sent her a bill seeking the $4,850. She claims that it was only after hospital discovered that she was involved in an car accident did it raise it's bill to $20,211. The hospital filed a lien against her car accident settlement proceeds.

Continue reading "Is It Possible To Sue A Florida Hospital For Unreasonable Charges After A Car Accident?" »

The National Safety Commission has issued a report on dangers of the use of high energy drinks and driving a car. Drinks such as Rockstar, Monster and Red Bull have become very popular among young adults over the past ten years. They have been marketed as drinks to increase an athletes performance but their primary use has been to help college and other young students as a study aid to stay awake.

Because of this several scientific reports have warned about the consumption of these highly caffeinated energy drinks and have recommended that the FDA require warning labels on cans of high energy drinks. Current Food and Drug Administration regulations allow 71 mgs of caffeine in soft drinks per 12 ounce can. However, as energy drinks are labeled as "dietary supplements", the FDA has imposed no limit whatsoever on the amount of caffeine they can contain.

The energy drink No Fear contains 174 mg of caffeine. Rockstar and Monster each contain 160 mg. of caffeine. What this means is that as few as two cans of each of these drinks containing more than 250 mgs of caffeine can result in a caffeine intoxication which, according to the Diagnostic and Statistical Manual of Mental Disorders, can cause restlessness, nervousness, excitement, insomnia, flushing of the face, increased urination, stomach problems, twitching muscles, rambling speech and thought, irritability, irregular or rapid heartbeat, and agitation.

Bigger doses of caffeine can result in depression, mania, impaired judgment, hallucinations and psychosis. The British Journal of Addiction concluded that "caffeinism," although infrequently diagnosed, may afflict as many ten percent of the population.

There's not much detailed correlation between the use of high energy drinks and an increased risk of a car accident. But when reviewing the severe symptoms one may experience after consuming a high caffeine, high energy drink, it is clear that a huge risk of a major car accident exists.

Continue reading "Abuse Of Energy Drinks Can Lead To An Increase In Deadly Car Accidents And Liability Cases" »

MiamiHerald.com reported today that a South Florida man pulled a gun on a motorist at gas station before racing away, striking several other automobiles before police stopped him.

Florida police report that one of the individuals in a automobile hit by the driver had to be airlifted to Ryder Trauma Center and was reported to be in critical condition.

This story began when the suspect got into an argument with a fellow motorist at a gas station, he brandished a gun but did not discharge the weapon. The angry suspect then followed the man's car onto the Palmetto Expressway, struck that vehicle in the rear and sped off. The innocent driver called the police, who spotted the suspect speeding and striking other cars.

Police stopped and arrested the suspect putting a merciful end to his destructive day.

Driver road rage lead all to often to serious Florida car accidents and such incidents are on the rise. In 2007, the Orlando News reported that Florida was one of the worst states in the United States for road rage incidents.

Continue reading "Road Rage Accidents May Result In Civil Negligence Claims " »

In Florida, for car accidents that result in injury, establishing or proving liability for the accident is essential to recovering money or other damages from the at fault party or parties.

In Florida, as in most states, negligence law defines who is at fault for a car accident. Florida law places liability on the party or parties involved in a car accident who acted outside the zone of what is deemed to be reasonable and safe conduct in the operation of a motor vehicle. A driver has a duty to use reasonable care in driving a car. If the driver fails to use reasonable care, he or she is deemed to have acted negligently. A jury finding of negligence will force an at fault driver to pay damages to the victims who were injured in the accident or who suffered property damage.

Evidence of liability is crucial to establishing that you are entitled to money or other damages. Pre-litigation, your attorney will generally present this evidence of liability to the third party insurance company for the at-fault driver or drivers. If your attorney is unable to reach a settlement with that insurance company, your remaining option is to file a personal injury lawsuit against the at fault party or parties who are legally responsible and liable for causing the car accident. Examples of evidence that you will need to establish liability in a Florida personal injury suit are the police report completed by law enforcement officials; any witness statements taken following the accident; medical bills and documentation of any other medical expenses that you incurred due to injuries sustained in the accident; any photographs taken of the accident scene and damages to your vehicle; and written documentation of your lost wages or income due to your injuries.

The stronger the evidence that you are able to muster proving that another party was liable for the car accident, the better the chance you have at receiving money damages.

Florida is a comparative negligence state, not a contributory negligence state. Comparative negligence means that a party who has been injured in a Florida car accident may be partially at fault, but still may be able to recover damages for injuries. Even if a Florida plaintiff is found to be more than 50 percent at fault for a car accident, he or she may still be able to recover damages. The percentage of fault or liability ascribed to you for the car accident shall reduce the amount of any jury verdict in your favor by that same percentage.

Continue reading "How To Establish Liability In A Florida Car Accident" »