South Florida Car Accident Lawyer Blog

In this era where texting and speaking on a cell phone while driving is unfortunately the norm and not the exception there will be a dramatic increase in hit in the rear car accidents. As texting involves the ultimate driver distraction of taking one's eyes off the road and the car in front of you, a momentary glance at the cell phone alone can lead to a serious car accident.

The Herald-Tribune is reporting that an elderly Florida couple and their dog were injured Friday in an accident on U.S. 41 in Sarasota. Police indicate that the victims who were 73 and 75 years of age were travelling southbound when their vehicle was hit in the rear. The couple were both injured and transported to Blake Medical Center.

The driver that struck them was travelling much faster than the victims the police report states. After the collision the victim's vehicle entered the center median. The driver apparently over responded to the impact causing his car to rotate clockwise and flip over, coming to a stop on its side. No tire marks were found at the scene of the accident.
The victims' dog sustained a minor leg injury and was collected by Palmetto animal control services.

While there is no evidence whatsoever that the driver who struck the couple here was texting or speaking on a cell phone, more often than not in Florida that is the case. I see many cases in my practice where my clients were stopped in traffic, at a stop sign or at a red traffic signal and were hit in the rear by a driver who was found to have engaged in the ultimate driver distraction of texting while driving.

Continue reading "Plaintiffs Who Are Victims Of Hit In The Rear Accidents Are Presumed Free Of Fault In Florida" »

As I foresaw as a distinct possibility in a blog entry of several weeks ago, the Herald Tribune is reporting that Tampa Bay Rays pitcher Matthew Bush is now being sued by the elderly victim of a DUI accident last month in Florida that led to Bush's arrest and the victim's hospitalization with severe injuries.

The plaintiff who is still hospitalized and in an intensive care unit with a punctured lung, broken ribs and other serious injuries is seeking $5 million in his lawsuit against Mr. Bush. The complaint also joins as a party defendant Brandon Guyer, a minor league outfielder with the Tampa Bay Rays who loaned his SUV, which struck the plaintiff, to Mathew Bush.

The lawyers for the plaintiff indicate that the size of the request for damages is driven by the victim's medical bills which are now very large and will likely keep growing. They further indicate that the plaintiff is expected to survive but that there is no way at this point to determine when he will be released from the hospital.

As I indicated in my prior blog on this car accident, the police report indicates that Matthew Bush's rear-ended the victim's motorcycle, and then ran over the victim after he fell. Mr. Bush left the scene of the accident in contravention of Florida law.

Continue reading "Negligence Lawsuit Filed Against Tampa Bay Rays Pitcher For Injuries Caused By DUI Car Accident " »

The Washington Post is reporting that a pitcher with the Tampa Bay Rays player could face several criminal charges after he left the scene of a Florida car accident that resulted in serious injuries to a motorcyclist.

Florida police indicate that Matthew Bush was driving south on U.S. 41 in Port Charlotte when he hit a motorcycle driven by a 72 year old male. The Tampa Bay Rays pitcher failed to remain at the accident scene as is required by Florida law and was later arrested and taken to jail. He remains incarcerated without bond as of Friday morning.

Mathew Bush could be charged with multiple felonies including, but not limited to, driving under the influence, leaving the scene of an accident where a party was injured, and driving with a suspended license.

Florida police report that the pitcher has had previous driving under the influence incidents in California and Arizona. The injured motorcyclist was transported to a local hospital and is reported to be in serious condition. The Florida Highway Patrol indicates that Mr. Bush ran over the victim with his vehicle.

Continue reading "Baseball Pitcher Faces Potential Florida Negligence Lawsuit After Car Accident" »