South Florida Injury Attorney Blog

Accidents with public transit are rare, in my experience as a Pembroke Pines auto accident lawyer. So I was very interested to see a report that two pedestrians, one a visitor to Florida, were injured Feb. 22 after a Sun Trolley bus pulled into their crosswalk. According to the South Florida Sun-Sentinel, the bus was attempting to go south on State Road A1A at its intersection with Northeast Ninth Street in Fort Lauderdale. The driver apparently failed to notice pedestrians Alan George Acheson, 68, of Toronto, and Arline Fitz Maurice, 74, of Port Charlotte. Fitz Maurice refused medical treatment at the scene, but Acheson suffered leg, chest and neck injuries that were treated at Broward General Hospital.

The Sun Trolley is the name for the bus system in Fort Lauderdale; it is not an actual trolley with tracks, but a bus. According to the article, bus driver Sharon Better Ann Midi, 45, was turning the bus into the crosswalk when she heard a thud on the right side. Witnesses said that was when the bus hit Acheson and Fitz Maurice. Acheson fell beneath the bus after the collision, but Fitz Maurice reportedly was only pushed sideways by the bus. Witnesses said they had a walk signal at the time. Midi told the police she had a green light and was driving at only 5 mph at the time. The police did not suspect her of drug or alcohol abuse, but she was taken off duty and sent for the drug and alcohol testing that is standard for Broward County Transit after any crash, a Sun Trolley spokesperson said.

As a Miramar car accident attorney, I was interested to see this because it’s not often that buses are involved in serious crashes. Like all commercial drivers, bus drivers get into far fewer accidents than private drivers, in part because they’re at work and on their best behavior. But drivers can and do make mistakes, and judging from the citation, the police seem to believe that this driver made one when she entered the crosswalk. Even if she faces no further criminal penalties, the victims of this wreck and their loved ones will still be able to hold her legally accountable with a lawsuit. That would allow them to collect damages for the hospital bills — which may be an unpleasant surprise to Acheson, a Canadian — as well as any permanent injuries they sustained.

Continue reading " Trolley Driver Cited for Failing to Yield After Hitting Two Pedestrians in Crosswalk " »

As Hollywood motorcycle accident attorneys, we were pleased to see that a driver accused of killing a motorcyclist and fleeing the scene is being held accountable. According to a Feb. 19 article in the St. Petersburg Times, Rodolfo Bautista Perez, 24, is accused of pulling out of a parking lot and into the path of motorcyclist Jake Delvalle, also 24. The crash threw Delvalle from his bike onto the pavement, where he was hit by a third motorist, 21-year-old Bonnie Banda. Delvalle died at the scene, but none of the other motorists involved were hurt, including a passenger in Perez’s car. Perez fled the scene but was later tracked down by police.

The crash happened in Plant City, when Perez, of Plant City, pulled out of a shopping center parking lot on U.S. 92. With him was a passenger, 23-year-old Rafael Bautista. Their car pulled directly into the path of Delvalle’s motorcycle, causing him to lock up the brakes but hit the car. The crash pushed him from the motorcycle, but Perez kept driving. Shortly after, Banda entered the scene and hit Delvalle as he lay on the ground. She is not criminally charged. However, Perez faces charges of leaving the scene of an accident involving death, and driving without a valid driver’s license. It wasn’t reported why he had no valid driver’s license. He is being held in Hillsborough County Jail on a bond of $200,000.

As a Fort Lauderdale motorcycle accident lawyer, I’m pleased that police were able to find Perez so quickly. Being involved in a crash at all is bad enough, but when someone flees the scene, it’s an added source of pain for victims. Judging solely by the description of the accident, Perez is likely to be at fault for causing it, which means more charges could be added to those he faces. That’s good news for Delvalle’s family — not only because Perez could face more time, but because assigning fault could help them in any lawsuit they file to recover damages for his death. A criminal case creates a good chance that Perez will personally answer for his irresponsible choices on the road. But a lawsuit can help the family deal with the effects of Delvalle’s death, including funeral costs and the loss of his income as well as their emotional losses.

Continue reading " Driver Held for Allegedly Killing Motorcyclist in Tampa-Area Hit-and-Run Crash " »

Nine months after a nine-year-old girl died crossing the street in front of her house, a driver has been arrested for causing her death. As a Pompano Beach car accident attorney, I was pleased to read about the arrest in the child’s May 4 death. According to a Feb. 18 article in the South Florida Sun-Sentinel, Daniel Pagan, 20, was arrested the day before for causing the death of Crishna Edwards of Hollywood. Pagan, of Dania Beach, was accused of speeding and illegally changing lanes in the moments before his car hit Edwards. In addition to the vehicular homicide charge, he faces charges of driving with a learner’s permit without a licensed driver in the car and driving without a license causing a death. He was released on $2,500 bail.

An article from the time of the May 4, 2010 crash said Pagan did not leave the scene and was cooperating with police, but was not originally charged. Police said Pagan was driving 50 mph in a 30-mph zone of North 23rd Avenue in Hollywood just before the crash. They also said he was traveling behind a van that had slowed because children were playing in the area, but apparently changed lanes into the oncoming traffic lane in order to avoid a slowdown. A police spokesman said that an accident reconstruction showed the crash likely wouldn’t have taken place if Pagan had been driving more carefully. They noted that he lived in the neighborhood at the time and should have known the area frequently had children playing.

As a Weston auto accident lawyer, I’m pleased that the justice system worked for this family. When child pedestrians are involved in car wrecks, insurance companies sometimes try to blame the child for running out into the street or otherwise causing the accident. There’s no doubt that some accidents truly do happen that way, but children can be victims of bad driving just like adults sometimes are. In this case, the police’s statements make it clear that they believe Pagan’s speeding and recklessness were the main contributors to the accident. And if that’s the case, he and his insurance company can be held financially responsible for the damages caused to this family.

Continue reading " Dania Beach Man Charged in Vehicular Homicide of 9-Year-Old Girl in Hollywood " »

An article on a potentially serious accident caught my eye as a Fort Lauderdale auto accident lawyer. As the Orlando Sentinel reported Feb. 14, a Disney World bus and a tractor-trailer crashed outside Orlando International Airport that morning, sending five people to the hospital. One driver reportedly ran a red light, although the newspaper was not able to say which one. All five of the injured people, including the bus driver, were taken to Orlando Regional Medical Center. Four of the injured were treated for minor injuries and released; a fifth was reportedly more seriously injured. However, the FHP said none of the injuries were life-threatening.

Fifty passengers were on board the Disney’s Magical Express bus that left the airport around 5 a.m. These reportedly included several high school students and parents from California who were in town for a cheerleading competition. As the bus exited northbound S.R. 417, it collided with a southbound tractor-trailer belonging to the U.S. Postal Service. The crash spilled about 150 gallons of diesel fuel from the truck, causing emergency workers to close down the exit and Boggy Creek Road in both directions near S.R. 417 for several hours. Disney sent another bus to pick up the passengers not taken to the hospital. The FHP said the investigation was ongoing.

As a Coral Springs car accident attorney, I’m very interested in who might be at fault for this accident. Truck drivers and bus drivers are both professionals who need special commercial licenses to do their jobs. Whomever ran the red light (if anyone) could get into professional trouble, and they and their employer could also be liable in any lawsuit victims choose to file. All drivers have a legal responsibility to take reasonable care on the road, including obeying traffic signals, and commercial drivers have a professional responsibility as well. Their employers may be implicated, especially if they were lax in their hiring or encouraged unsafe sleepy or distracted driving to save some money. That means any passenger who was seriously hurt may be able to collect compensation for those injuries, medical bills and more.

Continue reading " Five Sent to Hospital After Semi Truck Collides With Disney Airport Bus in Orlando " »

As a Miramar motorcycle accident attorney, I was disappointed to read about a crash that left two motorcyclists hospitalized with serious injuries. As Tampa Bay Online reported Feb. 14, Jeffrey Baumrucker, 53, and Paul Miller, 56, were injured after they were rear-ended by a driver in an unincorporated area of Pasco County. Baumrucker, of Port Richey, was listed in critical condition at St. Joseph’s Hospital in Tampa; Miller, of New Port Richey, was in serious condition. The driver and her 10-month-old passenger were not injured, and the Florida Highway Patrol says she was not under the influence of alcohol.

According to the article, Baumrucker and Miller were stopped on their motorcycles at a red light at U.S. 19 and Little Road in Hudson. As they waited for the light to change, a car approached, driven by Jennifer Maynard, 29, of New Port Richey. Maynard’s car crashed into the rear of the two motorcycles. It isn’t clear whether the two men were wearing helmets or what kind of injuries they might have, but those injuries were serious enough that both were airlifted to the hospital in Tampa. Maynard was not hurt, and neither was her passenger, Faith Fisher, 10 months. The FHP said the crash is still under investigation, and charges are pending.

I’m pleased to read that Maynard was not under the influence, which would have offered one easy explanation for her failure to stop. The reason for that failure to stop probably matters very much to the FHP. But as a Hollywood motorcycle accident lawyer, I know that it matters much less from a civil law standpoint – the fact that she failed to stop is probably enough to put her at fault for the accident. That’s important, because it gives the victims the right to claim financial damages from Maynard and her insurance company. For a seriously injured person with correspondingly high hospital bills, this can make the difference between getting needed care and going without.

Continue reading " Two Motorcyclists Hospitalized After Being Rear Ended by Woman Near Tampa Bay " »

Another accident in a deadly stretch of State Road 80 has Palm Beach County officials calling to speed up the process of installing guardrails there. As a Margate auto accident attorney, I was disappointed to read in the Palm Beach Post Feb. 14 that a 32-year-old woman and her two daughters died Feb. 12 after veering off the road and into a canal eight miles east of Belle Glade. The deaths of Dieula Francois, 32; Midjina Francois, 10; and Claudiz Francois, 3, come after four other deaths on the same stretch of road since 2009 and nine deaths in total since 2004. The Florida Department of Transportation agreed to put in guardrails last August after county officials requested it, but said it couldn’t open bids until July of 2011.

The 18-mile stretch of State Road 80 is in western Palm Beach County between Belle Glade and 20-mile Bend, with a canal running along its south side. The Florida Department of Transportation originally did not install a guardrail there because the road didn’t meet guardrail standards, but reconsidered last summer after reports of the deaths were detailed. However, it said it couldn’t open bids for the work until this year because the $4.3 million to pay for the guardrails wasn’t in its budget and wouldn’t be until the next fiscal year. The explanation upset county commissioner Jess Santamaria and others, who said lives were at risk and suggested that the DOT should have emergency funds available for these situations.

Dieula Francois was coming home from a shopping trip when she apparently swerved across a grassy median, over the eastbound lanes and off the side of the road into the canal. She managed to call 911 as the car was sinking, but a spokeswoman for the Palm Beach County sheriff’s office said emergency workers arrived too late to help. She said emergency workers were distraught and called for guardrails.

As a Cooper City car accident lawyer, I’m disappointed that the state of Florida doesn’t have the money needed to get started on this project right away. With the Francois family, the total is seven deaths on this part of the road since 2009, which most people would agree is unusually high. Of course drivers should be careful, but government agencies responsible for roads are also obligated to make sure those roads are designed in a reasonably safe way. When governments fail to take those basic steps, those governments may be just as negligent as a distracted driver. If that’s the case, people who are killed or seriously injured as a result can hold the governments legally responsible, just as they might sue an individual.

Cohn, Smith & Cohn represents clients who were seriously injured or lost a loved one in a car crash because of someone else’s bad decisions. In most cases, that means the bad decision of another driver – but government agencies are also liable if they design defective roads or fail to maintain them. Lawsuits against government agencies are substantially more complicated than lawsuits against private individuals or insurance companies, with shorter deadlines, extra administrative processes and caps on how much you can recover. That’s why you should come see one of our experienced Davie auto accident attorneys as soon as possible if you’re considering a lawsuit against a government agency.

Continue reading " Palm Beach County Officials Call to Hurry Guardrail Installation After Family Dies " »

A news item about a serious accident in Palm Beach County caught my eye as a Hollywood car accident lawyer. According to the Palm Beach Post, one man was killed and two others sent to the hospital in critical condition after a car hit them as they pushed their car along a major road in Jupiter. The rear-end crash killed Bradley Cooper, 28 and of Jupiter Farms. His twin brother, Brett Cooper of Palm Beach Gardens, and their cousin, 22-year-old Tyler Wolf of Jupiter, sustained life-threatening injuries and are hospitalized at St. Mary’s Medical Center. The crash also caused minor injuries to Kylia Reynolds, 22, Lisa Godfrey, 38, and Kelly Mettille, 31.

An anonymous woman who said she was a cousin of the victims said they had decided to go for a walk on the beach around 1 a.m. on Feb. 7. However, they reportedly ran out of gas on Indiantown Road, near the exit from Interstate 95. The three men got out of the car and began pushing, leaving Godfrey, of North Palm Beach, at the wheel and Reynolds, of Palm Beach Gardens, in the front seat. Meanwhile, Mettille, of Jupiter, exited Interstate 95 and headed east on Indiantown Road. She apparently didn’t see the disabled car in time to evade it and rear-ended it, hitting all three men as well. Bradley Cooper died at the scene and the other two men remained hospitalized as of Feb. 7. Mettille did not face criminal charges as of that day.

As a Weston auto accident attorney, I am interested in whether that might change. It’s not clear from the article whether Mettille is at fault, and a lot might depend on whether the disabled car was well lit enough to be visible. However, even if the police do not end up filing charges against her, the families of these young men may still be able to hold her legally responsible for her actions through the civil courts. If Mettille is found to be at fault, or mostly at fault, the injured people and their families can sue her for compensation for all of their injuries and damages. That includes all of the medical costs for Brett Cooper and Tyler Wolf, which unfortunately could be quite high. It also includes damages for the permanent loss of Bradley Cooper’s love, aid and income.

Continue reading " One Dead and Two Seriously Injured After Driver Rear Ends Men Pushing Disabled Car " »

As a Cooper City bicycle accident attorney, I was sorry to read about another death from a bicycling accident in Palm Beach County. As the South Florida Sun-Sentinel reported Feb. 8, a Boca Raton firefighter was killed the day before. John Wilson, 50, was bicycling during off-duty time in his home town of Jupiter. He was reportedly hit by an SUV driver, 66-year-old Myron Umbel. Wilson was airlifted to St. Mary’s Medical Center in West Palm Beach but died. The Palm Beach Post reported Feb. 8 that Jupiter police are still considering whether to file charges against Umbel, and that investigation could take at least a week.

Wilson was a former chef and restaurant owner who made a career change to become a firefighter with the Boca Raton Fire-Rescue agency. Friends said he chose to live in Jupiter because he felt it was friendly to pedestrians and bicyclists. Wilson was bicycling through a crosswalk at the intersection of Indiantown Road and Maplewood Drive when the accident happened. Umbel, a part-time Jupiter resident who is also a permanent resident of Maryland, was reportedly coming from Maplewood Drive. He was trying to turn east onto Indiantown when he hit Wilson. The crash knocked Wilson unconscious. He was airlifted to the hospital but died shortly after his arrival.

I look forward to seeing how the investigation of Umbel turns out, as a Margate bicycle accident lawyer. As it happens, the intersection where this accident took place is T-shaped, which means Umbel could only have been making a right turn if he was turning east. That makes it hard to see how he could have missed seeing Wilson in the crosswalk. There could be other mitigating circumstances, of course – for example, Wilson could have run a red light or stop sign. But if Umbel is found to be at fault for the accident, he could face criminal charges as well as a civil lawsuit from Wilson’s survivors, who include his three adult sons.

Continue reading " Jupiter Police Considering Charges Against Driver Who Hit Bicycling Firefighter " »

As a Pompano Beach boating accident attorney, I was sorry to read about an accident that left a teenager in critical condition. As the Palm Beach Post reported Feb. 8, 14-year-old Gabby Desouza was scheduled to have her leg amputated that day after it was caught in a boat’s propeller. Desouza was hurt after she and several friends ran into the surf in Juno Beach to meet a boat. The boat’s operator apparently advanced too close to the teens and hit three of them. Desouza had the only reported serious injuries and was taken to St. Mary’s Medical Center in West Palm Beach, where she was initially reported in critical but stable condition. The Palm Beach County sheriff’s department is investigating.

According to an earlier article, Desouza and her friends were in shallow water on the afternoon of Feb. 5 when a boat approached, apparently with friends of the teens on board. Lifeguards repeatedly asked the boater to leave the swimming area, but with no effect. As the girls tried to get into the boat, a wave washed it closer to the shore. A bigger wave approached, and to keep from being grounded, the boater apparently revved the engine. Unfortunately, that pushed the boat forward into the girls, knocking them down and catching Desouza in the propeller. Her friends rushed her to shore to get medical help from lifeguards and the boat sped away. Authorities later found the boat at the Crab House in Jupiter, impounded it and detained two people believed to have been on board for questioning.

It’s not clear whether the boater in this case has broken any laws; the sheriff’s office will make that determination. But as a Miramar boating accident lawyer, I think it’s likely that the boat operator was negligent, regardless of whether he or she broke the law. Negligence is a concept in civil – not criminal – law, meaning failure in the duty to take reasonable care that we all owe one another. Not heeding the lifeguards’ repeated requests to get out of the swimming area was probably negligent. If the boat operator broke boating rules by being in the swimming area, which seems likely, that would also be negligent. Victims of negligence can recover damages when the negligence leads to serious injuries, as in this situation, but they have to sue rather than rely on prosecutors.

Continue reading " Leg of Palm Beach Gardens Teen Reportedly Amputated After Accident With Boat Propeller " »

As a Fort Lauderdale boating accident attorney, I was very interested to read about a proposed state law aimed at increasing the safety of parasailing. As the Atlanta Journal-Constitution reported Jan. 19, the Florida Legislature is considering the Alejandra White Act, a bill named in honor of an Atlanta-area woman who died from injuries suffered on vacation in Clearwater Beach. White and her fiance, Shaun Ladd, were on a parasailing expedition when the rope connecting them to the boat towing them snapped, leading to a crash that killed White. The bill, which is expected to be introduced in the legislative session starting March 8, would have a provision requiring quick-release harnesses, among other things.

Parasailing, a popular tourist activity in Florida, puts riders in seats attached to a parachute. The seats are connected by ropes to boats that tow them in the air. White and Ladd were visiting the Tampa area over Labor Day weekend of 2010 when their rope snapped. Ladd was able to get out of the harness and drop into the ocean, where he was not seriously injured. But White couldn’t get out of the harness and was blown onto shore, where she hit several umbrellas before being impaled on a volleyball pole. She died six days later. The parasailing industry is completely unregulated in Florida and under federal law, MyFox Tampa Bay reported. In addition to the quick-release harness, the proposed law would require operators to carry insurance, keep operators at least 1,800 feet offshore, set standard for unsafe weather and require tow ropes of no more than 800 feet.

As a Hollywood boating accident lawyer, I’m very much in favor of this law. While parasailing accidents like this one are fortunately not common, that doesn’t mean there’s no need to keep parasailers safe. No one wants to (or ought to) die on vacation, and the Florida tourist industry hardly wants a reputation for being deadly. A change as simple as a quick-release harness could have turned White’s deadly accident into a scary but survivable experience. And to ensure that everyone is protected, it makes sense to require such a harness from every parasailing business. Most of the other provisions of the bill listed also seem to be attempts to increase safety. The insurance provision, however, is likely an attempt to address the sad question of what happens when there is an accident. One successful lawsuit could bankrupt a small business, so the required insurance would protect those businesses while ensuring that any victims are able to get fair financial compensation.

Continue reading " Florida Legislature Considers Tightening Parasailing Regulations After Deadly Accident " »

As a Pembroke Pines motorcycle accident lawyer, I was sorry to read about the death of a motorcyclist hit by a driver in West Palm last week. As the South Florida Sun-Sentinel reported Jan. 29, that motorcyclist was identified Saturday as William Haythorn, who would have been 55 on Jan. 31. Haythorn died when a driver made a turn in front of him on the afternoon of Jan. 28. Vanessa Verdieu, 23, reportedly failed to yield to the motorcycle when she pulled out of a shopping center. It wasn’t reported whether Verdieu would face any criminal charges in relation to the crash.

According to an earlier article from the Palm Beach Post, the crash happened at around 3:15 p.m. on South Military Trail. Haythorn was heading south on Military Trail when Verdieu, in a silver sedan, pulled out of the Coco Plum Plaza and attempted to cross the road. Investigators from the Palm Beach County Sheriff’s Office said Verdieu failed to yield to Haythorn. Haythorn tried to avoid the car, but could not and was thrown from his motorcycle by the ensuing crash. Emergency workers took him to St. Mary’s Medical Center, where he was pronounced dead. No injuries to Verdieu were reported. The crash was serious enough to close the 2700 block of South Military Trail entirely as medics and law enforcement officers worked.

As a Miramar motorcycle accident attorney, I’d be interested to know whether Verdieu will face criminal charges. From the description in this article, it seems likely that she was or will be determined to be at fault in this crash. After all, “failure to yield” suggests that yielding was her correct role at the time. However, the term might mislead readers into believing that she intentionally failed to yield. In my experience, “failure to yield” is much more often a failure to notice that there was another vehicle coming. This is especially true in multi-vehicle motorcycle crashes, which are statistically most likely to be caused by another motorist’s failure to see the motorcycle. It’s easy to miss even obvious bikes when you aren’t expecting to see them, and thus fail to look or listen for them.

Continue reading " Police Identify Motorcyclist Killed in Crash With At-Fault Driver in West Palm Beach " »

As a Weston auto accident attorney, I was sorry to read about a major tanker truck accident that killed the truck driver as well as the driver of a pickup. As Florida Today reported Jan. 29, the police have released the names of Alexandra Marie Dugas, 19, and John Larchen Lynch, 42, both of whom were killed in the Jan. 21 accident. Dugas, of Merritt Island, reportedly rear-ended Lynch’s 18-wheeler in her Ford F-150, tipping both vehicles over. The crash unfortunately caused the 8,700 gallons of gasoline in the tanker part of the truck to explode, killing both drivers. The explosion also destroyed the Florida 528/Bennett Causeway overpass above Courtenay Parkway on Merritt Island, disrupting traffic around the area until at least mid-February.

Lynch, of Lauderhill, was reportedly driving west on 528 in the tanker truck when he was rear-ended by Dugas, in the pickup truck. The pickup truck overturned and rolled into the area formed by the 528 overpass over Courtenay Parkway, where it stopped on a concrete embankment. The large truck’s cab smashed through a guardrail into the eastbound side of the highway, while the tanker containing the gasoline fell off the bridge and landed next to the pickup, triggering the explosion. The ensuing fire killed both drivers and burned nearly all of the gasoline; Lynch was identified through dental records. Dugas was not officially identified, but family and friends confirmed to the newspaper that she was the other driver involved.

A friend of the Dugas family, Sandy Torres of Orlando, said the family had already been struggling financially and was not prepared for the costs related to the death of their 19-year-old daughter. As a Pompano Beach car accident lawyer, I’m sorry to say that very few families of ordinary means are prepared for a terrible accident like this. Money is not the top concern when a family member dies, of course, but it quickly becomes an issue when bills for a funeral, medical treatment and other costs come in. It can be an issue even sooner when the victim was a wage-earner who supported or helped support the family. When someone else caused the death out of carelessness, however, our firm can help the family recover those costs and others from the at-fault driver.

Continue reading " Tanker Truck Crash and Explosion in Brevard County Kills Two and Destroys Overpass " »