Florida Injury Attorney Blog

There seem to be an unusual number of wrong way accidents in the Jacksonville, Florida area, and many of them are on major highways like I-95 and State Road 9A. There was another one last week on I-95 north of downtown Jacksonville that resulted in several serious injuries and two of the vehicle's occupants being airlifted to Shands Hospital.

Accidents caused by drivers driving the wrong way will almost always raise the issue of punitive damages in a personal injury or wrongful death lawsuit. In a normal accident case, the driver responsible for causing the crash and the resulting injuries is liable for the damages suffered by the injured party. More accurately, the at-fault driver's insurance company pays the damage caused by the driver who caused the crash. These damages may include past and future medical bills, past and future pain and suffering and past and future lost wages.

However, if a person is driving recklessly and causes a serious injury or fatal accident, that driver, or the insurance company, may be liable for punitive damages. While regular, or compensatory, damages aim to make the injured person whole, punitive damages are designed to punish a person who caused an injury or death by driving recklessly. Accidents involving alcohol or drugs are the most common injury or fatal accidents that result in punitive damages for the victim. However, in cases of unusually bad driving, such as where a person is driving the wrong way on a major road like I-95, punitive damages are certainly viable.

The personal injury/wrongful death lawyer for the injured party would certainly make a claim for punitive damages as part of the lawsuit.

A SUV driven by Raymond Claudio was apparently going the wrong way on State Road 16 in St. Augustine, Florida and was involved in two crashes, according to an article on Firstcoastnews.com. The article indicates that Mr. Claudio's vehicle sideswiped one vehicle and then crashed head-on into a second vehicle injuring that second driver and Mr. Claudio. It is unclear at this stage of the investigation whether Mr. Claudio was impaired by alcohol and/or drugs.

When there is a serious accident involving a wrong way driver and a subsequent personal injury or wrongful death lawsuit, serious questions are raised as to why someone would be driving so recklessly. Depending on the answers, a claim may be made for punitive damages in addition to the regular negligence if it can be shown that the at-fault driver was reckless in causing the accident. If drugs and/or alcohol were involved, recklessness is practically a given, but driving the wrong way is also strong evidence of recklessness particularly if it can be shown that the driver was driving the wrong way for an extended period of time.

The laws in personal injury and wrongful death cases are designed to compensate an injured victim and punish an at-fault driver when that person causes an accident in a manner that is more reckless and irresponsible than the normal accident. When a person is driving while impaired by drugs and/or alcohol or is otherwise driving recklessly, such a punitive damages claim can be made.

A woman driving her car struck an SUV causing the SUV driver to lose control, flip and drive off of the bridge, according to an article on News4Jax.com. The SUV driver, identified as Luma Kajy, was killed as a result of the crash.

There was also a second article that indicated that a witness had observed the driver of the car driving recklessly for approximately 20 miles before the crash. The witness apparently followed the driver who caused the crash and helped the police locate and arrest her for vehicular manslaughter and leaving the scene of the accident.

While this was a tragic accident, fortunately there was a witness who can testify about the reckless driving of the car driver prior to the crash and the fact that she struck the SUV driver causing her to lose control. In wrongful death lawsuits that arise after such crashes, it can be difficult to reconstruct the accident when one of the parties dies and cannot give his/her version of the events. In those cases, the wrongful death lawyer for family of the deceased driver must rely on an accident reconstructionist who investigates the crash and reviews the investigative reports to try and determine what happened after the fact. Insurance companies for the defendant in wrongful death lawsuits hire their own accident reconstructionists who will come up with an opinion favorable to the insurance company.

However, direct witness testimony is almost always preferable to expert opinions. In this case, it appears that there was a concerned and responsible witness who saw the car driver driving recklessly, reported her driving, saw the crash and even followed that driver so she could be apprehended by the police.

A Jacksonville Transit Authority bus video shows a man, Shaun Mills, being hit by a car after exiting the bus and attempting to cross the street, according to an article on News4Jax.com. The video clearly shows Mr. Mills exiting the bus in the left lane of Third Street, walking around the back of the bus and trying to cross the right lane of Third Street when he was hit by the car. Mr. Mills was critically injured from the crash but is rehabbing.

The article indicates that Jacksonville Beach police determined that Shaun Mills was at fault for the accident. However, after reviewing the video, that may not be so clear. In personal injury cases, the first question for someone looking to recover compensation for injuries and damages is: whose fault was the accident? This is not always an all or nothing determination. In other words, the parties in the injury lawsuit, or a jury, can decide that each party was partially to blame and attribute some percentage of fault to each of them. Whether a police officer gave one party or the other a citation or attributed fault for the accident to one party or the other is typically irrelevant in the personal injury lawsuit.

For instance, in this case, a personal injury lawyer could argue that while Mr. Mills could have waited for the car to pass before crossing the road, the driver of the vehicle had plenty of time to see him moving in the car's direction and could have slowed or stopped prior to the crash.

In many cases such as this one, fault for the accident is often shared between the parties. When the non-injured party shares some of the blame, the injured party can still get compensation for his/her damages.

A pedestrian walking at the intersection of Third Street and Second North Avenue was hit by a car and then a bus, according to an article on News4Jax.com. He was then flown to Shands Hospital with serious injuries from the accident.

It is unclear how or why this particular accident occurred. However, people may ask what happens in a personal injury lawsuit and what claims can be made by a person injured by multiple vehicles? In a case with an injured victim and multiple vehicles, the injured person will make a claim and file a lawsuit against all parties who contributed to the crash. You can be sure that each of those parties is going to point the finger at the others when trying to determine fault for the crash. If the case is going to be settled prior to a trial at some point, the parties will have to come to some sort of agreement as to how to apportion fault and what each defendant will pay for the injured person's damages. If they are unable to do that, the lawsuit will result in a trial where the jury will assign a particular percentage of fault for each party.

For instance, the jury may find that Defendant #1 was 30% at fault, Defendant #2 was 60% at fault and the Plaintiff was 10% at fault. In such a case, each defendant only has to pay for his/her percentage of the damages, and the plaintiff does not get compensated for his/her percentage of fault. For example, if after a trial in the above case the jury determined that the plaintiff's damages were $100,000, Defendant #1 would have to pay $30,000, Defendant #2 would have to pay $60,000 and the Plaintiff would not be able to recover the $10,000 attributed to him/her.

A woman crashed into a tow truck that was clearing vehicles from a prior accident on the Mathews Bridge in Jacksonville, Florida and was seriously injured according to an article on News4Jax.com. It is not exactly clear how the accident occurred, but presumably, the tow truck was stopped in one of the lanes on the bridge and the woman's car crashed into it while it was involved in clearing the previous accident.

Normally, an accident where a moving vehicle strikes a stopped vehicle, often from behind, is the fault of the driver of the moving vehicle. However, that is not always the case. When tractor trailers and other trucks are stopped on the road, they are supposed to alert other drivers that they are stopped well in advance of their location. This is particularly true at night or on roadways that have curves or inclines because drivers do not normally expect vehicles to be stopped on the roads and need time to react, especially on higher speed limit roads. If there are any visibility problems in the area, a perfectly alert driver may crash into a stopped vehicle because he/she did not have enough time to see the stopped vehicle and react. This occurs fairly often on the highway or other rural roads with high speed limits and average or poor lighting when semi trucks stall on, or partially on, the road and the driver fails to set up flares or reflectors alerting other drivers of their location. Semi trucks and trailers are very difficult to see at night and can be very dangerous if stopped on the roadway without proper markings.

When personal injury and wrongful death attorneys represent clients in cases involving a vehicle running into a stopped truck or other vehicle, it is important to look at exactly where and how the vehicle was stopped, under what conditions the crash occurred and what the driver of the stopped vehicle did or did not do to alert other drivers.

A man from Orlando died after the vehicle in which he was riding crashed after crossing the center line and then driving off of the road into some trees in Putnam County, Florida, according to an article on News4Jax.com. According to the article, the driver of the vehicle crossed over the center line for some reason on Old Highway 17, the driver over-corrected and then ended up driving off of the road and into some trees. The driver was killed, and the passenger was injured.

The article suggests that the accident was caused by driver error, initially when the driver crossed over the center line and then again when the driver apparently over-corrected and ended up driving off of the road.

Over-correcting is a fairly common cause of very serious accidents. It often happens in two scenarios. First, in a case like this when a driver crosses over the center line and then overreacts by sharply turning the wheel back and the car goes off of the road. The other common situation occurs when a vehicle drives off of the road onto the shoulder and over-corrects and drives into the oncoming lane.

Sometimes, the latter scenario is made worse when the ground next to the road is dirt, grass or some other soft shoulder and there is a dropoff of a couple of inches or more between the road and the shoulder. The tires that have left the road are adjacent to the dropoff making it difficult for the driver to get back on the road. If the driver turns the steering wheel just a little expecting to get the tires back on the road and that is unsuccessful, many times the driver will panic and turn sharply which gets the tires back on the road but puts the car at an angle facing the oncoming lane. Head-on accidents at high speeds often result. If the driver is unable to get the vehicle back on the road with a steadier turn of the steering wheel, the best thing to do is to slow down on the shoulder and come to a stop or come to a slower speed where it is easier to drive back onto the road. Sharp turns back onto the road will often lead to very serious accidents.

A woman using a walker was crossing Beach Boulevard near Desalvo Road and State Road 9A in Jacksonville, Florida when she was struck by a vehicle and killed, according to an article on Firstcoastnews.com. This occurred in the early morning, but daylight hours.

It is not clear from the article exactly how this incident occurred, i.e. whether the woman was crossing at a cross walk, in heavy traffic, with or against a traffic light, etc. However, even where a pedestrian, particularly an older pedestrian or one who is disabled, is crossing the road, it is imperative for drivers to look out for and avoid them if at all possible. We have seen other tragic accidents in Jacksonville where children pedestrians did not have time to cross the street before the walk signal changed and were struck by vehicles.

Beach Boulevard, where this crash occurred, is a busy road with many lanes. There are also many pedestrians that walk along and across that road. In the context of a personal injury or wrongful death lawsuit, when a serious accident like this occurs, wrongful death lawyers for the family of the deceased will make every effort to investigate the crash and hold the driver accountable if it is determined that he/she should have seen the pedestrian and avoided her regardless of where and how the victim was crossing the road.

A man riding a bicycle was seriously hurt after being hit by a car on St. Augustine Road in Jacksonville, Florida according to an article on News4Jax.com. The bicyclist lost control of his bike and rode into traffic, according to the article. The bicyclist was taken to Shands Hospital with very serious injuries. The driver of the vehicle fled the scene.

Although it is not clear from the article what evidence suggests that the accident was the bicyclist's fault, the fact that the driver of the vehicle fled the scene leads one to believe that the accident may not have been completely the fault of the bicyclist, or perhaps the vehicle driver was impaired. Whenever someone is involved in an accident that results in an injury, that person is obligated by law to stop and provide his/her insurance and contact information. Failure to remain at the scene after an accident is a crime in Florida, and it is a serious felony crime if someone is seriously injured as a result of the accident.

The article in this case suggests that the bicyclist was at fault for the crash by driving into traffic. However, why the vehicle driver left the scene is an important question that would need to be answered in a personal injury lawsuit if that driver was ever located. If the vehicle driver was impaired by alcohol or drugs, was him/herself driving recklessly or was doing something else improper, fault for the accident and responsibility for the damages may be partially, or almost completely, attributed to the vehicle driver.

A driver crashed his vehicle in to a telephone pole and suffered serious head injuries in Georgia, according to an article on Ajc.com. Apparently, the force of the impact was so strong, the telephone pole broke in two after being hit by the car.

We have discussed the dangers of people driving while talking on their cell phones, or worse, sending or receiving text messages and emails. Unfortunately, the practice of using cell phones and other more diverse mobile communication devices seems to be increasing.

It is unclear in this case how the police officer knew the driver was text messaging someone when the crash occurred. However, in personal injury and wrongful death cases, there are several ways the personal injury/wrongful death lawyer for the plaintiff can determine if the other driver was using a cell phone or text messaging device prior to the crash. The police officer who responds to the scene can notice an active mobile communication device when he/she investigates the crash and the accident report should indicate that cell phone use or text messaging was a factor, witnesses to the crash can testify that they saw the driver using the cell phone or was otherwise distracted prior to the crash or cell phone records can show if the device was in use around the time of the crash.

As more and more people get cell phones and other devices that have a variety of communication applications, we are likely to see more of these types of crashes due to the dangers of driving and using such devices at the same time.

A teenager apparently stole an SUV and crashed into two other vehicles on Edgewood Avenue in Jacksonville, Florida injuring three people according to an article on News4Jax.com. Apparently at least one of the victims was seriously injured as a result of the crash.

The kid whole stole the SUV and caused the crash and resulting injuries was only 14 years old. It is unlikely that he has any money to compensate the victims for their injuries, but like just about every personal injury case, the key is how much insurance coverage is available for the injured victims. When the at-fault driver is a teenager who stole a car and caused injuries, what are the insurance issues? It is unlikely that the teenaged driver has his own insurance policy, although that is always the first place to look. However, his parents or other family member with whom he lives may have insurance that covers him directly or indirectly. So, a personal injury attorney would always look to family members and/or others who live with the teenaged driver to check their insurance policies.

Normally, in Florida the owner of a vehicle involved in a traffic crash is liable for injuries caused as a result of a crash involving his/her vehicle. However, if the owner can show that his/her vehicle was stolen and the driver did not have his/her permission to drive the vehicle when the crash occurred, the owner's insurance policy would not cover the crash and the owner would not be liable for the damages.

Finally, the injured parties themselves may also look to their own insurance companies for compensation from the crash. Each insured driver has the option of purchasing uninsured or underinsured motorist coverage to cover them if they are injured by a driver who has no insurance or has an insurance policy that does not fully cover the damages. In fact, each person who buys liability auto insurance must specifically be offered uninsured/underinsured motorist coverage and decide whether to accept it or reject it. If a person accepts that coverage or is never offered that insurance coverage, he/she will have uninsured/underinsured motorist coverage that is available to compensate him/her in the event of a crash where the at-fault driver is uninsured or does not have sufficient insurance coverage to cover the damages from the accident.

A chain reaction traffic crash on I-10 in Jacksonville, Florida involved several vehicles and at least one injury according to an article on News4Jax.com. It was not clear from the article which vehicle or vehicles caused the crash.

How do personal injury and wrongful death attorneys determine who is at fault in a chain reaction crash involving multiple vehicles? Chain reaction crashes typically involve at least one vehicle crashing into another vehicle that has stopped for traffic or some other reason. The vehicle that was struck then crashes into other cars that have been stopped. Obviously, the first driver who caused the initial crash will likely bear some, most or all of the responsibility for the crash. However, other vehicle drivers in the line of vehicles may also bear some responsibility for the crash and resulting injuries. Questions should be asked regarding how much space each driver left between his/her vehicle and the one in front of them. Did any of those drivers react in a way that made the crash worse?

In chain reaction crashes and crashes involving multiple vehicles, there are often more than one driver who share liability for the crash and injuries. There are also often many witnesses whose versions of the crash differ. It is important to get as much information as possible about all of the vehicles and factors involved in the traffic accident, not just the first driver who starts the multi-vehicle crash.

A woman driving to her home in South Georgia on State Road 21 near Jacksonville, Florida ran her vehicle off of the road and into the woods, according to a news article. Apparently, the woman was not injured in the crash, but she was unconscious and in serious condition when the police arrived due to an apparent heart attack she had while driving.

This kind of traffic accident brings up an issue that arises from time to time in personal injury and wrongful death lawsuits. Although no one was apparently injured as a result of the crash in this case and there is no evidence that foul play was involved, there are traffic crashes and resulting lawsuits where the driver who caused the crash claims that he/she suffered from some sort of medical problem or prescription drug reaction immediately prior to the crash. This kind of defense is asserted to avoid responsibility for the accident and resulting injuries by claiming the accident was out of their control. However, these defenses are rarely valid. In personal injury cases, we have seen where defendants who have used these excuses are apparently up and walking around and seemingly fine immediately after the accident when the police arrive. It is hardly credible for a person to say that they "blacked out" just before the crash but were fine minutes before the crash and immediately afterwards.

Additionally, it is also highly suspect when a person claims that a medical condition or drug reaction occurred for the first time immediately before the crash with no prior notice. It is one thing for a person to establish that they did in fact have some medical problem immediately prior to the crash which caused the crash. If they are able to do that, that driver must also prove that the medical problem or drug reaction was unforeseeable. In other words, if the person had a prior diagnosis or warning from a doctor or was given a prescription drug with warnings about driving while taking the drug, they cannot successfully argue that they could not foresee the possibility of the medical problem or reaction occurring while driving. On the contrary, personal injury/wrongful death lawyers for the injured party or the family of the person who died in the crash can use this information to show that the driver was not only negligent in his/her actual driving but was also negligent by getting in the car in the first place after being warned of the dangers of a possible medical problem or drug reaction.

A mother and her two children were hit by an SUV in a traffic crash on San Jose Boulevard near Kori Road in Jacksonville, Florida. One of the children died from her injuries, the mother (Nora Springer) was injured but survived and the other child was not injured according to an article on Firstcoastnews.com.

According to the article, the mother and her two children were crossing San Jose Boulevard with the proper walk signal, but the signal changed and the SUV had a green light before they could reach the other side of San Jose Boulevard. The article did not provide any further details, and it is unclear who was at fault for the tragic accident, and death and injuries that resulted.

In a traffic crash involving a vehicle and pedestrians, when determining fault for the crash, the first place to look is the traffic signals. However, even where the pedestrians do not have the walk signal (or green light) or they are crossing where there is no crosswalk, the vehicle driver can still be partially, or primarily, at fault for the crash. Even where the vehicle has the green light, particularly when the light has just turned green, it is the responsibility of the driver to make sure there are no pedestrians in the road. Because of the vulnerable nature of pedestrians, vehicle drivers must be extra careful to watch out for them even when the vehicles have the green light and the right of way. It is not uncommon to see situations where people with kids, people who are injured/disabled or people who are elderly cannot cross the road completely in the time it takes for the walk signal or green light to stay illuminated. This is particularly true for streets with several lanes going in each direction like San Jose Blvd. In such cases, regardless of the green light and the right of way, it is important for vehicle drivers to look out for pedestrians at busy intersections, particularly a mother and two children. The failure of a driver to properly look out for others can result in liability for a driver in a personal injury or wrongful death lawsuit even where a driver has the right of way.

An elderly woman crossing the street near Murray Hill and Edgewood Avenue in jacksonville, Florida was struck by a vehicle and killed, according to an article on Firstcoastnews.com. The driver then fled the scene.

When a pedestrian is killed by a vehicle crossing a busy street, both parties involved in the accident will likely argue that the other was at fault in causing the accident and resulting death. In a personal injury or wrongful death lawsuit, there are times when both parties share the blame for the accident and resulting injuries or death. In that case, the plaintiff's damages are going to be reduced by the percentage of fault attributable to that plaintiff. In other words, if a jury in a personal injury or wrongful death case decides that the defendant was 75% at fault for the accident and the plaintiff was 25% at fault for the accident, the plaintiff's damages would be reduced by 25%.

When a person crosses the road and gets injured or killed, personal injury/wrongful death attorneys will look at a variety of factors. Was the plaintiff crossing at a crosswalk or other area where it is appropriate to cross the street? Even if the plaintiff was not crossing at the appropriate place and time, did the driver of the vehicle have an opportunity to see and avoid the pedestrian? Was the driver of the vehicle speeding, on a cell phone or violating any other traffic laws? Of course, when the driver flees the scene after the crash, that is strong evidence that the driver did something wrong to cause the crash. These and many other issues present themselves in personal injury and wrongful death cases involving pedestrians and vehicles. They are rarely black and white in terms of negligence and liability.

A man stopped to help a woman who had car trouble on Atlantic Boulevard near University Boulevard in Jacksonville, Florida and was ultimately run over by the woman's vehicle while trying to help her according to an article on News4Jax.com. The man helped the woman, and then after he got the car to start, the car ran over him. The man was injured and taken to Shands Hospital.

When a person stops to help another driver whose is having car trouble, he/she is entitled to the same reasonable standard of safety as any other driver on the road. In other words, if a person stops to help another driver, that other driver must take every reasonable step to make sure the person trying to fix the vehicle is not injured by the vehicle. If he/she does something negligent or unsafe and the good samaritan is injured, the good samaritan can make a claim with the other driver's insurance company or file a lawsuit for damages just like any other driver injured in a traffic accident. The article does not indicate how or why the good samaritan was run over by the stranded driver's car. However, in a case like this, the stranded driver must make sure the car is turned off and/or not capable of moving when the good samaritan is attempting to fix it. If the stranded driver was negligent in allowing the car to move while the good samaritan was in the vulnerable position of trying to fix it, the stranded driver would likely be responsible for the injuries caused by the stranded driver's vehicle.

A woman was seriously injured after she was hit by a car crossing a busy street at night on the south side of Jacksonville, Florida according to a news article. It was not clear why or under what circumstances the woman crossed the road at a point where there was no crosswalk.

When a pedestrian is hit by a car or other vehicle in the road while crossing where there is no crosswalk, the initial assumption may be that the pedestrian is at fault and the driver of the vehicle does not share any of the blame. However, traffic accidents involving pedestrians are often very serious and need to be investigated further during the course of a personal injury or wrongful death lawsuit. Even where a person crosses a busy road where there is no stop sign, traffic signal or crosswalk, drivers of vehicles are still required to look out for pedestrians and yield to them. Even where the pedestrian should not have been in the road, if the vehicle driver did or should have seen the pedestrian, that driver must take steps to avoid the pedestrian. If the driver fails to do that, he/she will be negligent and liable for some or all of the injuries caused to the pedestrian by the crash.

Many of these vehicle vs. pedestrian accidents are not black and white in terms of fault and liability. The pedestrian may be partially at fault for crossing the road improperly, but the vehicle driver may also be at fault for failing to avoid an avoidable crash, speeding or violating some other traffic law. In those cases, the injuries and resulting damages are often significant, and the driver's insurance company will be on the hook for some, most or all of those damages.

Many states have already passed laws that make it illegal to send and receive text messages on their cell phones while driving. Florida has been considering such a law for a while, but such a law has yet to pass in Florida. Governor Crist has thrown his support behind a statewide ban of texting while driving in Florida, and state legislators have filed several proposed bills that would make driving while texting illegal in Florida next year.

Recent studies have shown that driving while texting is potentially more dangerous than driving under the influence of alcohol. One study reported that when a person is driving and texting at the same time, he/she is 23 times more likely to be involved in a serious traffic accident. When a person is injured or killed in a traffic crash, personal injury and wrongful death attorneys should always investigate whether the other, at-fault driver was using his/her mobile communication device, whether to send or receive a text message, talk on the cell phone or use any of the other many applications available these days. This occurs more and more frequently these days and is strong evidence of negligent driving that leads to serious accidents and injuries or death.

After a serious traffic crash that involves serious injuries or a death, it is vital for accident lawyers to uncover as much information as possible about why the crash occurred and all of the factors that contributed to the crash and resulting injuries or death. Most people think of airplanes when they hear the term "black box", but many regular cars and trucks on the roads today also have sensing and diagnostic modules (aka "black boxes") that can provide a lot of important information about that vehicle during the time period just prior to a serious traffic accident.

For instance, the black box may be able to provide data about the car regarding its speed prior to the crash, the change in forces as a result of the crash impact, the engine RPM's, any braking that was attempted and seat belt information. Not all cars and trucks have black boxes, but if they do and the information from them can be obtained, any or all of these facts could go a long way in proving a negligence case against a driver who was driving improperly and caused a serious injury or fatal traffic crash.

An 18 year old was killed in an auto accident on Philips Highway near I-95 in Jacksonville, Florida over the weekend, according to an article on Firstcoastnews.com. The victim, Megan Bunn, died in an accident with an ambulance. There were other serious injuries as a result of the accident. According to the article, the ambulance turned into the path of the pickup truck in which Bunn was riding, causing the crash.

When traffic accidents involve ambulances, police officers and other emergency vehicles, there are different issues that arise when it comes to determining fault for the crash and the subsequent injuries and/or death. Drivers do have an obligation to watch out for emergency vehicles that are properly marked and move out of their way when it is safe to do so. However, ambulance and other emergency vehicle drivers have an obligation to drive safely when responding to or from an emergency. They can speed through traffic and disregard traffic signals, but they cannot disregard other vehicles on the road. They must make sure their emergency lights and sirens are activated and it is safe to speed, make a turn or drive through an intersection with a red light or stop sign at all times. If an emergency vehicle fails to do any of those things, that driver can be found negligent and the ambulance company or the city can be held liable for the damages caused by the negligent driving.