South Florida Car Accident Lawyer Blog

The Miami Herald has run a story about the family of a bicyclist that was killed by a hit and run driver on the Rickenbacker Causeway having now filed a lawsuit against the driver, who is currently incarcerated pending a trial on the serious charges filed against him as a result of this accident.

This fatal accident and a similar fatal hit and run crash several years ago have increased the chorus of people asking for better safety measures for joggers, bicyclists on the Rickenbacker Causeway. The Causeway has always been a magnet for pedestrians and bike enthusiasts.

The police indicate that the defendant driver struck the decedent and her biking partner as they travelled in the in the northbound lanes near the top of the bridge. The defendant, who was operating his car with a suspended license at the time, turned himself into police hours later.

Reports that the defendant had been drinking earlier in the evening could not be confirmed by investigators because of the lag time in turning himself in to police.
Police have charged him with driving with a suspended license, and leaving the scene of an accident causing death. The defendant at the time of his arrest had signed up for a drug treatment program following a previous arrest for possession of cocaine.
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Continue reading "Lawsuit Filed Claiming Negligence In Fatal Bike Accident In Miami" »

An 11 year old child died at the hospital late Tuesday after he and his sister were hit by a car while crossing the street in Macclenny.

The victim and his sister were walking to Summer school classes when a 2005 Ford Focus hit them at approximately 7:15 am just north of the Jonathan Street intersection.

The victim had stopped breathing and had to be revived by ambulance personnel. He was the transported by helicopter to the trauma center at Shands Jacksonville after being treated at Fraser Memorial. His condition was reported to be critical.

His sister, a middle school student was transported to the hospital with serious injuries sixth grader at the middle school last year, was taken to Fraser with serious injuries. The Florida Highway patrol indicates that no charges were filed against the driver of the Ford Focus.

The children live with their families two blocks from the school. During summer school there are no crossing guards in the area.

Despite the fact that the Florida Highway patrol has not charged the driver in question with a moving violation, the family of the injured children may still have the right to file a claim or a lawsuit against the driver for negligence. A negligence case in Florida requires that family prove by a preponderance of evidence that the defendant driver had a duty of care, breached that duty and the breach was the proximate cause of their children's injuries. Here if it could be proven for example that the driver was speeding; speaking on a cell phone or was texting on a cell phone; ran a red traffic signal or failed to stop at a stop sign or otherwise yield the right of way to these children, the family may very well have sufficient evidence to bring forth a claim for compensation.

Continue reading "Potential Negligence Claim Against Driver Who Hit Kids In Florida Car Accident" »