Florida Injury Attorney Blog

A man was riding his bicycle his bike on Seminole Road in Atlantic Beach, Florida when part of a trailer to an SUV struck him and seriously injured him, according to an article on News4Jax.com. The victim, James Messinese, has been in a medically induced coma since the accident. The driver of the SUV, William Adams, was arrested after the crash.

Drivers who are driving large vehicles and/or are towing trailers need to pay particular attention to their surroundings. The fact that part of a trailer or something protruding from a person's vehicle, rather than the vehicle itself, causes a crash and an injury to someone does not mitigate that person's responsibility. Unfortunately, we see many accidents caused by errant equipment on a vehicle or a trailer or caused by a driver who carelessly drives a vehicle that is oversized or towing a trailer. Driving a large vehicle like a semi truck or driving a vehicle that is towing a trailer is a different experience than driving a regular car or truck. They are more difficult to maneuver, take longer to stop and often sway from side to side. If a person is not experienced in driving such a vehicle or driving with a trailer, this kind of tragic accident can result. And if it does, the lack of skill and experience in driving a large vehicle or with a trailer is an important factor in determining negligence in causing the crash and subsequent injuries.

A new study conducted by the Center for Disease Control and Prevention found that 10% of binge drinkers drove the last time they drank heavily. Of this group, about half of them drove from a bar, restaurant or nightclub. In the study, "binge drinkers" were defined as people who drank at least five drinks on a single occasion at least once a month. Many of the people surveyed drank several more than five drinks at one sitting and drove.

Assuming this study was performed by asking people anonymously to disclose how much they have had to drink and whether they drove, I would guess that the 10% number is a little low. What does this mean for personal injury and wrongful death cases? We have seen many accidents caused by people who were intoxicated from alcohol and/or drugs. When a person who is under the influence of alcohol or drugs causes a traffic accident that results in injuries or death, this adds an new element to the normal inquiry as to the cause of an accident. A person who runs a red light or fails to stop and hits another vehicle is negligent in causing the crash. If a person is drunk or otherwise intoxicated and causes a crash, he/she is negligent and also reckless due to the intoxication element. This means that the injured party or the family member of the deceased party can sue not just for the normal damages in a lawsuit but punitive damages which are designed to punish someone for reckless conduct and deter them from doing it again.

Whenever there is an accident with the possibility that the at-fault driver was drunk or intoxicated on drugs, it is important to explore all the evidence that uncovers the at-fault driver's condition at the time of the crash. That kind of evidence can make a significant difference in the amount a person can recover for injuries or a death caused by a drunk or otherwise intoxicated driver.

A pregnant woman who was riding in the bed of a pickup truck died after the driver of that pickup truck apparently made an improper turn and crashed into another vehicle on Normandy Boulevard in Jacksonville, Florida, according to an article on News4Jax.com. Virginia Liming, the woman who died, was thrown from the bed of the truck during the crash. Other individuals in the pickup truck were also injured.

A serious accident such as this one raises a variety of issues in terms of a personal injury or wrongful death lawsuit. Does the fact that the woman was pregnant affect the amount of damages her family can recover in a wrongful death lawsuit? It does. Can a person sue the driver of the vehicle in which he/she was riding for that driver's own negligence in causing injuries or death? Yes. If a person is riding in the bed of a pickup truck, particularly a pregnant woman, is that negligence that can reduce the amount of damages that can be recovered for injuries or a death? That is certainly an argument the insurance company will make, but it depends on the circumstances of the crash. These and many other issues arise in a significant and tragic accident like this one when an injured party or the family member of a deceased party makes a claim for damages based on the negligence of one or more drivers.

A lady was driving her vehicle with a passenger on Timuquana Road in Jacksonville, Florida when she was struck by a semi truck. The force of the accident killed the driver, 90 year old Grace Ross of Jacksonville, and seriously injured her passenger Dennis Ross, according to an article on News4Jax.com.

The article does not indicate what caused the crash, however, crashes like this are often not black and white when it comes to the issue of who caused the crash. This is particularly true when a semi truck is one of the vehicles involved in the crash. When a crash results from a turn across traffic, there may be an argument that the turning car should have waited for the traffic to clear. However, on the other hand, if the other car was speeding or driving without lights at night or in the rain, that vehicle could share responsibility for the crash. Even if the semi truck in this scenario was driving appropriately, a driver has a duty to avoid an accident when he/she can. In other words, even if one driver runs a red light or fails to yield while making a turn, if the second driver sees this and the potential for an accident and has an opportunity to avoid the accident, that second driver has a duty to try and avoid the accident.

It is unclear from the article how this tragic accident on Timuquana Road occurred. However, in many traffic crashes involving semi trucks, where the first vehicle may have done something improper, other vehicles involved in the accident may share some of the blame and responsibility for injuries after further investigation.

Driving around Jacksonville, Florida these days, it is all too common to see people driving while focusing on their various text messaging devices rather than the road. One article I read a while ago referred to a study that found that driving while sending, receiving or reading text messages is more dangerous than both driving while talking on a cell phone and driving under the influence of alcohol.

As a result, some states, although not very many, have banned driving while using a text messaging device. A new survey conducted by Nationwide Insurance Company found that 80% of the people surveyed supported a law that would ban driving while texting. The Governors Highway Safety Association recently issued a policy encouraging all states to enact a law that would prohibit driving while texting. Support for a law banning driving while using a cell phone is there but not as strong (perhaps because more people use their phones for talking than text messaging).

With more mobile communication devices hitting the market and more people using them, I would guess that we will see more and more people driving while using these devices, whether they are talking on the phone, using the text messaging application, using the internet or some other application that distracts them from driving. As a result, we will see more traffic crashes and serious injuries resulting from people who are not paying full attention to their driving and other vehicles and people around them. Without much apparent justification to oppose a law that would ban driving while using a text messaging device, I expect that laws will be in place banning the practice in the not too distant future.

Because of the potential danger of serious and fatal traffic crashes posed by semi trucks to other drivers, the government agency responsible for regulating trucking companies and semi truck drivers has set forth numerous regulations designed to keep tractor trailers and their drivers safe and prevent accidents. These regulations, the Federal Motor Carrier Safety Regulations (FMCSR's), cover topics like drug and alcohol testing, road tests, background checks, fatigue and hours of service, medical exams and many others. There is a big book covering these safety regulations with sample questions and examples.

As personal injury and wrongful death lawyers who represent Plaintiffs who have been injured in traffic accidents caused by semi trucks or have had family members killed in truck accidents, we have questioned semi truck drivers and trucking company personnel to gauge their knowledge of these regulations. Because the FMCSR's are specifically designed to make sure semi truck drivers are safe, we believe it is imperative for all tractor trailer drivers and trucking company personnel to know the FMCSR's inside and out. However, our experience with semi truck drivers has been far different. It is the rare case when a semi truck driver is very knowledgeable about the FMCSR's. In fact, it is not uncommon for semi truck drivers to know very little about the safety regulations. All too often, we question semi truck drivers who are not familiar with the specific regulations dealing with the particular reason they caused the crash, such as fatigue/hours of service, equipment problems or drug and alcohol testing.

The FMCSA has proposed a new regulation that would require new truck drivers to pass a safety exam that would test their knowledge of the FMCSR's. It is surprising to know that the current system does not check and make sure new semi truck drivers do not have even a basic understanding of the safety regulations for truckers. Driving a semi truck is more complicated than a regular vehicle, and there are many other issues tractor trailer drivers need to be aware of. It seems fundamental that before a person can drive a semi truck for a living, he/she should have to prove that he/she has a good understand of the safety regulations.

One reason a semi truck poses such a danger of serious injury and fatal traffic crashes to other drivers on the road is because of its tremendous size and weight. Semi trucks often weigh close to 80,000 pounds compared to the average car that weighs closer to 3,500 pounds. Obviously, when a semi truck is traveling at moderate to high speeds, it takes a long distance to come to a complete stop for another vehicle, for stopped traffic, for a stop light and for various emergencies. Therefore, it is vitally important for a semi truck to have functioning and properly maintained brakes.

Having handled personal injury and wrongful death cases due to traffic accidents involving tractor trailers, we hear and read about accidents caused by semi trucks that have had the brakes "go out". It happens more than we would like to think, and when it does, the results can be catastrophic. One method police officers and other enforcement officers in various states are using to detect bad brakes and try and prevent serious traffic crashes is to examine the brakes with an infra-red camera. When the semi truck driver applies the brakes, the brakes should heat up. The infra-red camera can detect this heat, and the brakes will appear white through the camera. If the brakes are applied and the brakes do not heat up, there may be a problem with the operation of the semi truck's brakes and the vehicle can be taken out of service.

This new infra-red camera appears to be a good, low maintenance technique to help identify hazardous semi trucks driving on the roads with bad brakes and prevent traffic accidents caused by tractor trailers that are unable to stop for other vehicles..

The National Highway Traffic Safety Administration announced tougher standards on braking systems for tractor trailers that will reduce the stopping distance for such large trucks by 30%. Large semi trucks have different braking systems than passenger cars and obviously take longer and more distance to stop safely due to their sizes and weights. Additionally, the size and placement of a load in a semi truck also affect how quickly a semi truck driver can stop the vehicle. When a semi truck driver is not skilled in driving his/her particular truck and does not apply the brakes correctly, serious accidents can result. Additionally, when brakes on a semi truck are not maintained properly, it can increase braking time causing serious accidents. Other factors can also affect a semi truck's braking time. Even if a semi truck has the best braking system available, if the semi truck driver is fatigued from driving over hours or is not paying attention to his/her surroundings, braking times can increase.

The NHTSA estimates that the new braking standards for tractor trailers will reduce accidents, save 227 lives a year and prevent 300 serious injuries per year.

We have seen many serious accidents caused by tractor trailer drivers who did not stop their trucks in time and ran into another vehicle or a whole line of vehicles stopped in traffic. These kinds of traffic accidents often result in multiple, serious injuries. The new braking standard should be helpful in reducing accidents, at least as the standard relates to the equipment on the semi truck. Unfortunately, implementation of the new standard will not begin until 2012, and it will take four years for it to be completely phased in.

A new study concludes that drivers are just about as likely to cause a traffic accident while using a hands-free cell phone as they are when using a regular handheld cell phone. The study found that both types of cell phones distract a driver's attention from the road and other vehicle to the extent that they are equally dangerous.

According to statistics on traffic crashes, each year in the United States, cell phone use while driving causes or contributes to more than 636,000 accidents which cause approximately 330,000 injuries and 2,600 deaths. As cell phones become more prevalent and cheaper, and come with more functions, we can expect these numbers to increase. Many people assume that hands-free cell phones are less dangerous and less likely to cause an accident than handheld cell phones. However, it appears that the primary factor that makes all cell phones dangerous for drivers is the attention they take away from the driver. If a driver is not focused on driving because of his/her cell phone use, he/she may not be in a position to react to dangerous situations or just changes in situations, such as routine traffic, regardless of whether his/her hands are available.

On several occasions, we have discussed the dangers caused by drivers who drive while distracted by their cell phones and text messaging devices. Serious accidents caused by drivers who are talking on the phone, dialing, text messaging and otherwise focusing on their mobile communication devices are increasing due to the increasing popularity of these devices.

A more traditional driver distraction that is also dangerous and a factor in causing accidents is food. I came across an article on MSN.com which listed the top ten most dangerous foods to eat while driving. Not surprisingly, most of the items on the list (the list also includes drinks) are foods and drinks that have a tendency to make a mess on the driver and steering wheel and take his/her attention away from the road. Examples of these kinds of dangerous foods and drinks are: coffee, soup, hamburgers and chocolate.

When we handle a personal injury or wrongful death case for a client, we always look to see if something took the other driver's attention away from his/her driving and caused the accident, whether it be a cell phone, text messaging device or food. If a driver is distracted by something, proof of that distraction can usually be found in the post-crash investigation.

A bus driver for the Alachua County school system was driving a bus full of kids from school in Gainesville, Florida, lost control of the bus and crashed it into a tree, according to an article on www.News4Jax.com. Annie Ahmed was driving 41 kids on a bus on a wet, dirt road when she lost control and crashed the bus causing minor injuries to some of the kids. The article indicates that the bus driver was driving too fast for the wet conditions.

When there is an accident involving a school bus and children, there are additional issues that need to be explored above and beyond those in a more common car crash. Bus drivers must pay particular attention to their driving and drive safely at all times due to the fragile nature of the bus occupants and their vulnerability as buses do not typically have seat belts and do not have airbags to protect the children in a crash. Bus drivers should be specially trained to drive a bus which requires more skill than driving a regular passenger car or truck. That bus driver training should be continuously updated to make sure a bus driver's skills are sharp. While we often see people driving cars while talking on their cell phones or using text message devices, bus drivers should never use any such device while the bus is in motion.

Fortunately, this bus accident was not as serious as it could have been, and no children were seriously injured. However, any time there is a bus accident and children or adults are injured, it is important to investigate all aspects of the bus driver's training, skill, experience and operation of the bus to determine the cause of the crash and responsibility for damages.

A man driving a scooter on Beach Boulevard in Jacksonville, Florida was hit from behind and killed by a vehicle that failed to stop, according to an article on News4Jax.com. The man, Yasser Hamdy, was driving his scooter along with two other scooter drivers when another car hit him causing Mr. Hamdy to be thrown from his scooter. A second vehicle then struck Mr. Hamdy and left the scene.

We have handled several accident cases involving motorcycles and some involving bicycles and pedestrians, and these cases often present issues that are not present in a normal traffic crash involving cars or trucks. In terms of negligence and the causes of the crash, people driving cars and trucks on the roads must pay special attention to look out for motorcycles, scooters, cyclists and pedestrians. Drivers of cars and trucks who are not paying proper attention pose a significant risk to people riding motorcycles, scooters and bicycles because the risk of a serious traffic accident is heightened by the careless driver and the risk of injury or death is much greater due to the relative lack of protection for people riding motorcycles, scooters and bicycles. When these drivers are questioned in a deposition in a personal injury or wrongful death case, it is usually fairly easy to pinpoint how and to what extent they were negligent in failing to look out for the smaller vehicles.

In the context of a personal injury or wrongful death case, many issues are the same as regular car or truck crash cases. Insurance policies still cover someone driving a motorcycle, scooter or bike as they do for cars and trucks. The damages of the person injured are calculated the same as if that person was driving a car or truck, but the damages are often greater because of the seriousness of the injuries common in these types of accidents.

In this traffic accident, it appears that two separate vehicles may have caused or contributed to Mr. Hamdy's death. In that case, an investigation and analysis would be done to determine the degree of fault of each of the two vehicle drivers to determine how much they are responsible for the damages caused by the tragic death.

The Obama administration is holding a meeting to discuss the dangers of people driving while distracted by cell phones and email and text messaging devices and the resulting increase in injury and fatal accidents, according to an article on News4Jax.com. The goal of the meeting is to come up with ideas to stop people from driving while sending and receiving emails and text messages, including laws banning the activity plus educational opportunities to teach people about the dangers of driving while distracted. A study conducted recently by the Virginia Tech Transportation Institute found that semi truck drivers are 23 times more likely to get into an accident when they are texting while driving. Driving while using a cell phone is also dangerous and more likely to cause a traffic crash but much less so than driving while using text messaging and email devices.