South Florida Car Accident Lawyer Blog

Now I've heard everything. The Tampa Bay Times is reporting that in a case of unmitigated chutzpah, a convicted DUI defendant has filed a negligence claim against a deceased car accident victim's family requesting compensation for his alleged suffering.

The defendant was found to have been under the influence of narcotics when hit smashed his car into the rear of the victim's car in 2007.

The defendant had prior to the filing of his lawsuit pled guilty to three counts of DUI manslaughter. He received a sentence of 12 years in prison. The children of the victims begged him to apologize but he failed to utter a word. He is speaking now, claiming he was not responsible for that fatal Florida car accident and that he wants to be compensated for his pain and suffering, medical bills, mental anquish, and loss of capacity to enjoy life.

His lawyer has filed suit against the victim, the driver of the car that he slammed into and killed, claiming the car accident was the decedent's fault. He makes the claim that the Florida Highway Patrol investigation was biased against him .

A relative of the victims is speaking out and finds it "ridiculous" that someone that caused an accident and admitted guilt in his criminal case could now claim that that his victim caused the accident.

The police investigation of this matter found that the defendant was driving between 75 and 85 mph when his truck plowed into the back of the decedent's car. The driver of that car died at the scene of the accident. His wife died during surgery that same day. A third victim was removed from life support as week after the accident. The investigation found that the defendant had Cocaine and Xanax in his system at the time of the car accident.

Continue reading "Driver Found Guilty Of Florida DUI Manslaughter Files Negligence Suit Against Victim's Family" »

The Washington Post reports that former National Basketball Association guard Kenny Anderson has been charged with leaving the scene of a South Florida car accident.

Police report that the crash occurred after Mr. Anderson had left a bar and crashed his SUV into two trees. He then walked away from the accident scene. Police went to his home and requested that he return to the scene of the accident. Anderson contended that a blown tire caused him to lose control of his vehicle. The police found that all four tires were blown out and the rims were damaged.

The authorities indicate that his speech was slurred and that his breath smelled of alcohol. Anderson admitted to having some drinks before the car accident. Police say he was not charged with DUI as he had gone home and it would have been difficult to prove he was impaired while driving at the time of the accident.

Kenny Anderson was the selected by the New Jersey Nets with the second overall draft pick in the the 1991 draft. He played college basketball for Georgia Tech. He played for 8 teams for 14 years in the NBA, averaging 12.6 points and 6.1 assists.

Continue reading "Kenny Anderson Charged With Disregarding Florida Law On Leaving An Accident Scene" »

The Miami Herald reported today that a Palm Beach County court sentenced a woman to 20 years in prison for a South Florida DUI car accident that killed two construction workers and injured a third.

Police report that the woman was intoxicated to the extent of not being able to walk after the accident. They further report that her blood alcohol level following the crash was .235 percent, nearly three times the legal limit.

Tampa Bay Online reports that a man who raced away after a police traffic stop and then caused a Florida car accident with a Tampa police officer last month was arrested today after blood analysis showed he was operating a car while under the influence. The officer was injured in the accident.

In the above Miami and Tampa cases, the victims and their families should also be able to file negligence and wrongful death claims respectively against the defendants. In the Miami case, Florida Statute 768.18 should allow the surviving family members to make a claim for damages for the loss of their loved ones. In the Tampa accident case, the injured police officer will be able to file a claim for negligence against the driver's insurance policy for his pain and suffering, lost wages and medical bills. Should the officer's attorney and the defendant's insurance company be unable to reach a settlement, the officer through his attorney will be able to file a law suit asking a court and jury to award him compensation for his injuries.

Continue reading "DUI Conviction In Florida Can Also Subject You To Civil Suit For Negligence" »

Myfoxdetroit.com reports that Former Detroit Lion Reggie Rogers who was previously found responsible for the deaths of three teenagers in a fatal DUI car accident has now been convicted a sixth time of driving while under the influence.

In this incident when Rogers was apprehended he was found to be clearly intoxicated and he was driving with a suspended drivers license.

Rogers received a one year prison sentence for this latest conviction, but his lawyers are asking the court for permission to allow him to serve his sentence under house arrest as prison mattresses hurt his back.

Rogers attorney acknowledges that while people who have been harmed by his client's actions won't care, forcing Rogers to sleep on a prison mattress would force him to have an expensive surgery on his back which would be tantamount to the infliction of cruel and unusual punishment.

The father and uncle of the victims killed by Rogers in a fatal DUI car accident has offered to buy Rogers a mattress to keep him behind bars.

Charlie Langton, a legal analyst was outraged at Rogers's counsel's request and states that there is no way the judge in this case is going to send Rogers home.

This request for house arrest will be heard by the judge in November.

Continue reading "Ex-Detroit Lion Reggie Rogers Responsible For Fatal DUI Car Accident Gets Sixth DUI And Asks For House Arrest To Spare His Bad Back" »

The Fort Lauderdale Sun Sentinel has reported that a judge in Broward County sentenced a South Florida man to 10 years in prison for a South Florida DUI car accident that resulted in the death of a motorcyclist.

The 33 year old defendant was sentenced on Thursday after he earlier had pled guilty to the charge of DUI manslaughter and child neglect.

The Prosecutors claim the defendant had a blood alcohol level of 0.236 percent in September 2009 when he hit 43-year-old victim's motorcycle and dragged the him 180 feet after impact. The defendant was in the process of transporting his fiancee's 9 year old daughter to school and abandoned the girl in the car when he fled after the accident.

After he finishes his sentence he will have 15 years of probation. By the terms of his probation he will be prohibited from drinking alcohol and he will face random alcohol and drug testing. Violation of the terms of his probation could land him back in prison.

Continue reading "Potential Florida Wrongful Death Cause Of Action After Fatal DUI Car Accident" »

Rolando Rojas has been charged so says the Florida Highway Patrol with DUI manslaughter and vehicular homicide in a Florida car accident that killed a 5 year old.

FHP statesthat Rojas, Tampa resident,hit two cars that werestopped in traffic Friday night while trying toget betweentwo lanes on U.S. 301.

He subsequently hit a van in the intersectioninjuring fourkids including 5 year old Lilly Mills. Thegirl laterpassed away at Tampa General Hospital.

Rojasmay also be charged with driving under the influence, DUI with serious bodily injury, reckless driving with serious bodily injury and four counts of DUI with property damage or injury.

Records indicate he is employed with American Traffic Solutions as a Logistics employee. Heis being held in the Hillsborough County Jail without bail.

Apart from the criminal charges, Mr, Rojas may face a wrongful death lawsuit by the survivors and or the parents of the girl who died. He may also face a negligence suit by the parents of the injured children for the injuries and other damages those childrensustained in this accident. The Statute of Limitations in Florida for filing a wrongful death lawsuit or otherwise settling a pre-suit claim is 2 years from the date of the accident. The Statute of Limitations in Florida for filing a negligence lawsuit or otherwise settling a case for injuries and other damages sustained in a car accident is 4 years from the date of the crash. If these matters proceed to trial the police investigation will be invaluable to the families in potential civil suits. The burden of proving negligence in a civil case (by a preponderence of the evidence)is much less than the burden of proving guilt in a criminal case (guilt beyond a reasonable doubt). Soif there is sufficient evidence for a conviction in a criminal case, there should be more the ample evidence for a jury verdict in favor of the families. If your families have had the terrible misfortune in having to confront such a devasting tragedy, you need to to seek legal advice as soon as practicable. Call attorney David I. Fuchs at 954-568-3636 to discuss your legal options. http://www.southfloridapersonalinjurylawyers.com/auto-accident/drunk-drivers/

"Jackass" star Ryan Dunn, who along with his castmates made Americans cringe and snicker through vulgar stunts in their multimillion-dollar TV and movie franchise, was killed early Monday in a fiery car crash. He was 34.