Florida Injury Attorney Blog

A recent article on a Jacksonville news website cited a study that said people drive while talking on their cell phones more in the south than any other part of the country. We have posted several times about the dangers of driving while talking on a cell phone or worse, driving while texting. As attorneys who drive all over Jacksonville, North Florida and Southeast Georgia for various cases, we see how many people are out there focusing on their cell phones rather than the road. As a result, when we handle personal injury and wrongful death cases resulting from auto accidents, we always look into the other driver's cell phone records to determine whether the at fault driver was using a cell phone at the time of the crash. Studies like the one cited in the article provide further support for the fact that preventable auto accidents that cause serious injuries are occurring more and more in Florida because people are distracted by their cell phones. It is a serious hazard to people on the roads in Florida that is not going away anytime soon.

A Jacksonville, Florida man was arrested after allegedly intentionally hitting his girlfriend with his car after an argument according to an article on FirstCoastnews.com. The man was arrested for aggravated battery after the incident.

It is not clear from the article whether, and to what extent, the woman was injured. However in cases where the crash was intentional, it may be difficult for the injured party to recover damages. In the overwhelming majority of auto accident cases, the injured plaintiff seeks to recover damages from the other driver's insurance company. However, insurance policies do not cover all types of crashes. Most, if not all, insurance policies will have an exemption for intentional acts that cause damages. If a person runs a red light and causes a crash with injuries, that is a negligent act that is likely covered by an insurance policy. If a person tries to hit someone intentionally for whatever reason, that is likely not going to be covered by an insurance policy. In the latter case, if there is no insurance coverage, it can be very difficult, if not impossible, for an injured victim to recover damages for his/her injuries.

An SUV driver was driving recklessly and speeding, hit a utility pole and then crashed into other vehicles in the area of Beach Boulevard and Hodges Boulevard in Jacksonville, Florida according to an article on News4Jax.com. At least two people in the other vehicles were injured as a result of the crash.

The article suggests that the SUV driver was driving recklessly prior to the crash. There is no simple definition for reckless driving. There is a legal definition of reckless driving (which is actually a misdemeanor crime in Florida), but it does not help to define reckless driving in regular terms. It basically refers to driving that goes above and beyond more routine negligent driving and places other people in danger. Running a red light, speeding, or failing to yield are common examples of negligent driving. Doing all of those at once, excessive speeding in a residential area, or driving while intoxicated may be examples of driving that is worse than negligent driving and rises to the level of reckless driving. Ultimately, it may be up to a jury in a personal injury or wrongful death lawsuit to decide if the defendant's driving was reckless.

Whether a defendant's driving was reckless or just negligent can have a major impact on a personal injury or wrongful death case. If the personal injury/wrongful death lawyer for the plaintiff can prove the defendant driver was driving recklessly when he/she caused the crash, the plaintiff can ask the jury to award punitive damages. Punitive damages are more easily defined. They are damages awarded to the plaintiff that are designed to punish the defendant for his/her reckless conduct and deter any such future conduct. Punitive damages can significantly increase the value of a personal injury or wrongful death lawsuit.

We have written several times on our blog about serious injury and fatal accidents caused by people who were distracted while driving because they were talking on their cell phones or sending or receiving text messages. Studies show that driving while texting can be as dangerous as driving while under the influence of alcohol or drugs because it takes a person's focus off of the road for significant periods of time. Would you rather have the person in another vehicle driving after a few drinks at dinner or looking down at his/her cell phone while he/she types out a text message for 20 seconds while driving 65 miles per hour? Neither is ideal.

However, a recent study showed that a driver's reaction time is significantly reduced if he/she is listening to sports on the radio and more so when the person is particularly interested in the game or discussion. The study found that reaction times for drivers intently listening to a game while driving were up to 20% slower which certainly can be the difference between safe driving and causing a serious accident. The number of incidents of hard braking almost doubled when drivers were listening to sports radio.

While different states are making it illegal to drive while texting or talking on a cell phone, it is unlikely that anything would be done about people driving while listening to anything on the radio. However, some people do get inordinately caught up into a game or sports talk show on the radio, and it could cause them to be less alert to their surroundings and more susceptible to causing an accident. It is an issue that personal injury and wrongful death lawyers should explore in a personal injury/wrongful death lawsuit during a deposition or otherwise.

Two people died and two were seriously injured after their vehicles crashed in Webster, Florida (which is about 3 hours southwest of Jacksonville, Florida). According to the article, Kodi Chamberlain and Roger Higby were driving on State Road 471 in Sumter County, Florida when their vehicle veered off of the roadway. The driver was able to get the vehicle back onto the road, but it drove into the oncoming lane when it crashed into an oncoming vehicle.

It is unclear from the article exactly why and how this accident occurred, but as personal injury and wrongful death lawyers in Florida, we do see a lot of similar crashes in rural areas. It is not uncommon for drivers in rural areas to lose focus and veer off the road. This can be an extremely dangerous situation even where the vehicle leaves the road for mere seconds. Vehicles traveling on rural roads are often traveling at high speeds. Additionally, rural roads are often more narrow than the roads in more urban areas. If a vehicle does leave the road, the shoulder next to the road in a rural area is often grass or dirt which can make it difficult, and very dangerous, for a driver to safely get back on the road. Often, a driver will panic when the vehicle leaves the roadway and overreact, or over-correct, so that when the vehicle turns back onto the road, it does so at too sharp and angle and too fast so the vehicle drives through its lane and into the oncoming lane. Under those circumstances, these kinds of serious, high speed, head-on accidents occur, and fatalities and serious injuries often result.

More and more states are passing laws that make it illegal to drive while using a text messaging device. With studies coming out showing the dangers of driving while texting, often comparing the practice to driving while intoxicated, and the increased number of serious auto accidents involving drivers who were distracted while driving because of their cell phones, these laws banning driving while texting are becoming more prevalent.

Under the new law in Georgia, a driver who is caught driving while texting may receive a ticket and a $150 fine with a point added to his/her license.

A head-on collision resulted in the death of a teenager in Baker County, Florida which is just west of Jacksonville, Florida, according to an article in News4Jax.com. William Hardin was reportedly driving along U.S. 90 in Baker County, Florida when he crossed the center line and struck the vehicle driven by 15 year old Travis Suggs, who died from his injuries. Several of the passengers in Travis's vehicle were seriously injured.

It is unclear from the article what caused the driver to cross the center line and cause the head-on crash. However, these kinds of serious accidents are not uncommon in less-traveled, rural areas. Some people might expect the majority of serious accidents to occur in more urban areas on busier roads due to the higher traffic levels. However, studies show that traveling on smaller roads in more rural areas can be just as, if not more, dangerous. Rural roads are often narrower with soft shoulders leaving little margin for error. The speed limits are often higher on average than streets within cities. People have a tendency to lose focus while driving when there are not a lot of other drivers, traffic signals, street signs and other things that can keep a person more alert. In rural areas on narrower roads, even a minor mistake can result in a very serious accident.

A Dodge Durango was rear ended on I-10 in Columbia County, Florida (which is about an hour west of Jacksonville, Florida), and two children in a family from Arkansas were killed in the accident according to an article on News4Jax.com. Other occupants of the Dodge Durango were seriously injured in the crash. The article indicates that Jordan Burch's vehicle hit the Dodge Durango from behind on I-10 which caused the accident. However, the accident was still under investigation by the Florida Highway Patrol at the time the article was posted.

Whenever there is a serious accident like this one, it is important to determine who was at fault so the injured parties can be compensated in a personal injury or wrongful death lawsuit. In Florida, when there is a rear end accident like this one, there is a legal presumption that the back vehicle driver was negligent and liable for the damages caused by the crash. One reason for this legal presumption in Florida is that the back driver is in a better position to anticipate and avoid such a crash since the front driver is most likely looking ahead rather than behind his/her vehicle at any given time. This presumption can be refuted, for instance if the front driver did not have lights on at night or slammed on the brakes suddenly for no reason, but those instances are rare. In most accidents of this nature, the back driver could and should have avoided the crash and is fully responsible for all damages that result from the rear end accident.

A person riding a bicycle on Cedar Point Road near Gate Road in Jacksonville, Florida was struck by a vehicle and killed, according to an article on News4Jax.com. Police were still investigating who was at fault in the accident at the time the article was posted.

Jacksonville, Florida is a city with a lot of bicyclists year round because of the good weather. However, many of the streets are not conducive to safe bike riding. Additionally, a lot of vehicle drivers do not seem to understand that they need to share the road with bikers. Driving around in Jacksonville, Florida, we see a lot of bicyclists on the roads. We also see a lot of cars who do not slow down or move over to accommodate the bicyclists. Some drivers seem to think that bicyclists do not belong on the roads and should be relegated to the sidewalks. But that is not the law in Florida. Bicyclists are permitted to ride on the roads just like vehicles. When vehicles are in the vicinity of bicyclists, those drivers need to slow down, move aside or make any other adjustments to safely share the road with bicyclists.

As more and more drivers distract themselves with cell phones and text messaging devices, the roads become more dangerous for bicyclists who are often in close proximity to motor vehicles. If a vehicle driver hits a bicyclist, whether because he/she was distracted or just failed to take the necessary steps to make way for the bicycle, serious injuries often result and the vehicle driver is often at fault for negligent driving.

Three people were killed after their vehicle swerved off of I-95 and drove into a tree in Titusville, Florida. According to the article, the driver, Jeff Cain, had to swerve to avoid a grill that fell off a truck in front of Mr. Cain's vehicle on I-95. The car left the roadway and rolled over before hitting a tree. Three occupants were killed, and another was seriously injured.

These kinds of accidents are not uncommon, unfortunately. Normally, when there is a one-vehicle accident, fault for the accident lies with the driver of that vehicle. However, there are exceptions, for instance, when another driver's negligence causes a hazard like this one. Whenever a person places something in his/her vehicle or trailer that could potentially be a hazard to other drivers on the roads, it is imperative that the person secure that item to ensure that it does not fall from the vehicle or trailer. A grill falling onto I-95 would certainly qualify as a potentially dangerous object that needs to be securely tied down. When a grill or similar object falls onto a road like I-95 where the speed limit is 65 miles per hour, it creates a serious and immediate hazard that is likely to cause a serious accident like this one. In a personal injury or wrongful death lawsuit surrounding an accident like this, it is important to investigate how the grill was secured, if at all, why it fell from that vehicle and how the person was driving with that unsecured load in his/her vehicle. More than likely, the driver of the vehicle with the grill was negligent in failing to properly store and secure the grill which resulted in this serious, fatal accident.

Hopefully, the driver of the truck stopped at the scene of the crash, or his license tag was recorded by someone, so that his information and insurance information could be discovered. If so, personal injury/wrongful death lawyers would certainly want to question that driver about the circumstances of him/her placing and securing the grill in the truck and the manner in which he/she was driving with that grill in the truck. If not, the injured victim and the families of the deceased victims would still be able to make a claim with their own insurance companies for damages under an uninsured motorist insurance policy.

A recent study using information from the National Highway Traffic Safety Administration found that I-95 is the most dangerous highway in the U.S. in terms of serious, fatal traffic crashes. Particularly, in Florida the study found that there were 1.73 deaths per mile on I-95 in Florida. I-4, which also runs through Florida, was found to be the 3rd most dangerous highway in the country.

As people who live here in Jacksonville, Florida know, I-95 and I-4 are major highways that are well traveled in Jacksonville. It is not uncommon to see serious accidents on those roads and hear about them in the radio traffic reports. Because two of the more popular highways in the country intersect in Jacksonville, we also have a large number of semi trucks that drive on our roads after having traveled long distances from other parts of the country. The existence of tractor-trailer drivers, some of whom are fatigued from the long drives, add to the dangers of driving in and around Jacksonville. This study should come as no surprise to those of us who drive on I-95 and I-4 in Jacksonville, Florida every day.

A woman died and her two children were seriously injured after her car ran into the back of a tractor-trailer on State Road 207 in Hastings, St. Johns County, Florida, according to an article on News4Jax.com. The article indicates that the semi truck slowed and the woman’s vehicle drove into the rear of the semi truck causing the vehicle to be pinned under the trailer.

Ordinarily, fault for rear end accidents are attributed to the rear vehicle as they are in a better position to avoid the crash. There are exceptions to the general rule if a vehicle stops suddenly and for no reason or is stopped in the roadway without properly alerting other drivers. In the case of a semi truck, even where the accident is caused by the rear driver, there still may be some fault on the semi truck driver and the trucking company if the tractor-trailer does not have the proper markings and equipment. Semi trucks should have bright stickers or marking around the vehicle to alert other drivers of its presence. In the back of the trailer, they should also have bars or guards that prevent smaller passenger vehicles from going underneath the trailer in the case of a serious rear end accident like this one. In the past, rear end accidents involving passenger cars resulted in much more serious injuries than necessary because the car would go under the trailer. As a result, semi trucks are supposed to have bars on the back of their trailers to prevent cars from going under the trailer in cases of rear end accidents. Where semi trucks do not have this type of equipment on their trailer and a serious accident of this type occurs, it can be argued that the semi truck driver and the trucking company were negligent for not having the proper equipment on its vehicle that would have lessened the severity of the injuries in a rear end accident.

According to a new survey conducted by Nationwide Insurance, people are talking on their cell phones and texting less while driving. As the dangers of driving while texting or talking on a cell phone are becoming more publicized (largely due to serious injury accidents caused by such distracted driving), people are being more careful about using mobile communication devices while driving. According to the survey, 20% of people with cell phones drive while texting. However, the percentage of drivers under age 35 who admit to driving while texting is still quite high at 47%. The surveyors who admitted to driving while texting did admit to doing it less than before. Additionally, 67% of those surveyed admitted to driving while talking on their cell phones.

In our opinion, this survey illustrates two points. First, people are under-reporting their driving while texting and driving while talking on a cell phone practices. Looking around at people driving in Jacksonville, Florida and the North Florida area, it seems to be increasingly common to see drivers using their cell phones in some manner while driving. Secondly, even with the admitted numbers, driving while distracted is a huge problem. Some studies have shown that driving while texting can be as dangerous as driving under the influence of alcohol or drugs because of the way it takes a driver's eyes and focus off of the road for significant periods of time. At highway speeds, a vehicle can travel long distances when a driver is looking at a cell phone as opposed to the road for just a few seconds. It is when this occurs and a vehicle stops, a driver switches lanes or the distracted driver veers out of his/her lane that serious accidents occur.

It is good that distracted driving is becoming more of a publicized issue in an attempt to reduce serious and avoidable injury accidents. However, as cell phones become more advanced with more applications and more people buy them, we are skeptical that the numbers truly indicate that people are driving while texting or talking on their cell phones less.

A taxi driver driving south on U.S. 1 in St. Johns County, Florida lost control of his vehicle, crossed the median and crashed into an SUV, according to an article on News3Jax.com. The driver of the taxi was killed in the crash, and the three occupants of the SUV were taken to the hospital.

Fault and liability for a crash like this are typically pretty easy for a personal injury or wrongful death lawyer to prove. When a vehicle crosses the median and crashes into another vehicle in the oncoming lane, the driver who left his/her lane of travel will almost always be exclusively liable for the crash and resulting injuries unless it can be shown that another driver caused him/her to leave his/her lane.

Assuming the taxi driver is at fault in a crash like this, who is liable for the injuries to the people in the other vehicle? Of course, the driver of the vehicle that caused the crash will be liable so a claim can be made against his insurance company. However, when the driver is working at the time of the crash, i.e. he/she is driving within the course and scope of his/her employment, then the employer is also liable for any damages caused by the driver in an accident. In this case, the taxi company may also be liable for the injuries caused by the taxi driver if the taxi driver was working at the time the accident occurred.

Finally, in Florida, owners of vehicles are liable for accidents caused by the drivers of their vehicles, as long as the driver had permission or authorization to drive the vehicle. So, if an owner lets another person borrow a car or a person buys a car and puts it in his/her name but allows another person to use it, that owner is liable for any damages caused by the driver in an accident.

So, there are potentially three separate persons, entities or insurance policies that may be liable to pay damages when a driver causes injuries to another in an accident- the driver, his/her employer and the owner of the vehicle.

A car ran into a group of bicyclists and injured three of the riders along Highway U.S. 1 in St. Augustine, Florida, according to an article on Firstcoastnews.com. The three injured bicyclists were riding in a larger group when the car crashed into them, according to the article. The driver, Michael Nally, then kept driving and threw a beer bottle out of the window of the car. Michael Nally ultimately stopped and was arrested by St. Johns County police. Nally was arrested for leaving the scene of an accident with serious bodily injury, and DUI with serious bodily injury charges may be coming pending the results of blood alcohol tests.

In personal injury cases involving a vehicle against bicycle accident, there are always questions as to whether the driver was carefully watching out for others along the road. Some drivers do not seem to understand that they need to share the road equally with bicycles. When serious accidents like this occur because drivers do not take the proper precautions to accommodate bicycles on the roads, it is typically easy to attribute liability for the accident on the vehicle driver. When that same driver does not stop at the scene immediately and there is additional evidence that he/she is intoxicated, punitive damages can be assessed against that driver. Based on the information provided in the article, it appears that the vehicle driver may have been grossly negligent and even reckless if blood test results show alcohol and/or drugs in his system. If that turns out to to be the case, the driver will likely face punitive damages claims that are desired to punish and prevent this kind of crash from happening again.

Several cars were involved in an accident on State Road 9A near Phillips Highway in Jacksonville, Florida after a tire on one of the vehicles blew, according to personal injury and wrongful death lawyers, the proper questioning and investigation into maintenance records can uncover when a driver and/or owner is negligent in failing to maintain his/her vehicle.

A 16 month old girl was injured after she was hit by a vehicle backing out of a driveway in Jacksonville, Florida, according to an article on News4Jax.com. We have mentioned these kinds of serious accidents before, when a person is backing up a vehicle and hits or runs over a small child. As expected, these occur mostly in residential areas, and the drivers always say they did not see the child.

Obviously, it is believable when the driver says he/she did not see the child, but these accidents are too common and too many people back up without looking properly, particularly in residential areas where children are often playing. Children cannot be trusted to always watch where they are going and be mindful of hazards. It is almost never a valid excuse for any vehicle to back into or run over a child unless, perhaps, the child darts into the vehicle's path. The bottom line, and the argument any personal injury or wrongful death lawyer would use in a lawsuit on behalf of an injured or deceased child, is that if a driver cannot be sure the path is clear, particularly if children or others may be around, the driver should not move that vehicle. When a child has been injured, or worse, a jury in a personal injury or wrongful death lawsuit would likely be more sympathetic to that argument than one where the driver says he/she did not see the child.

A teenage girl died after she apparently lost control of her vehicle and hit a tree off of State Road 110 near Waverly, Georgia in Camden County. According to the article, Morgan Kenzie died as a result of the accident and her subsequent injuries. The article suggests the possibility that she was using her text messaging device just prior to the crash which may have caused her to lose control of the vehicle.

As cell phones become more advanced and more people buy them, we have seen seen more and more auto accidents that are caused by drivers who are either talking on their cell phones prior to the accident, or worse, are sending or receiving text messages. On prior occasions on our personal injury/wrongful death lawyer blog, we have pointed out studies that indicate that texting while driving can be as, or more, dangerous as driving while impaired by drugs or alcohol. Studies have shown that texting while driving takes the driver's focus off of the road for dangerously long periods of time, particularly when the vehicle is traveling at fast, highway speeds. Additionally, studies show that teenagers, who have limited driving experience to begin with, are often the ones who are texting and driving.

In a personal injury or wrongful death lawsuit resulting from such a serious accident, the plaintiff's lawyer will always investigate whether the driver was using his/her cell phone or text messaging device at the time of the crash. If records and/or witness testimony suggest that the driver was texting or talking on the cell phone at the time of the crash, that is important evidence to be used in an effort to obtain full damages for the injured party or the family of the deceased. Such evidence makes a strong case of negligence and liability on the part of that driver.

In a recent auto accident that resulted in serious injuries and a death in Florida south of Jacksonville, there were multiple vehicles involved and two impacts which resulted in a trial where liability was a hotly contested issue. The crash occurred when the victim approached an intersection with a stop sign. Rather than stopping, she went through the stop sign because she was going to make a U-turn. She made the U-turn but sideswiped a vehicle coming from the other direction. That impact pushed her pretty far down the road until she stopped in the middle of the road. Several seconds later, a semi truck came along and crashed directly into the victim without slowing down or attempting to avoid the vehicle. The victim ultimately died from her injuries.

In an accident with multiple vehicles and more than one impact, liability for the ultimate injuries or death can be a complex issue. In this case, the wrongful death lawyer for the family for the victim who died in the crash would minimize the victim's failure to stop at the U-turn and the initial accident and claim the death was caused by the negligence of the semi truck driver who should have stopped or avoided the victim's vehicle that was stopped in the road for several seconds before the impact. The defense attorney will claim that the victim was negligent by failing to stop prior to the U-turn and hitting the first vehicle which resulted in the victim being stopped in the road in the first place.

These issues of liability can be difficult in multiple impact accidents in a personal injury or wrongful death case. However, even where there is an initial impact or initial negligence by the victim leaving the victim in a vulnerable position, all drivers, particularly semi truck drivers, have a duty to look out for other vehicles and avoid potential accidents regardless of what the other driver is doing or has done if a hazard arises. Since the semi truck driver did not apparently do anything to avoid the victim's car stopped in the road for a period of time, the semi truck driver shares liability for contributing to a serious accident that perhaps could and should have been avoided.

Two women were killed after their vehicle was hit by an SUV in an intersection accident on State Road 321 in Lake Butler, Florida, according to an article on News4Jax.com. Apparently, a Cadillac SUV driven by John McDonald ran a stop sign at the intersection and caused the accident with the two women who died in the crash. The article indicates that alcohol was not a factor but charges were pending when the article was written.

How do pending charges affect a wrongful death lawsuit such as this one? It depends on the charges and how they are resolved. When alcohol or drugs are involved and the at-fault driver is charged with DUI, those charges can have a a significant effect on the civil wrongful death lawsuit. If the at fault driver is convicted of DUI related to the accident and a restitution ordered is entered by the judge, the at fault driver cannot deny the elements necessary to allow the plaintiff to allege punitive damages in the wrongful death lawsuit. In other words, if the criminal case is successful and handled properly, the plaintiff in the wrongful death case should be able to get punitive damages out of the civil wrongful death case. Punitive damages are damages awarded by a jury, or negotiated as part of a settlement, that are designed to punish a driver for conduct that is worse than regular negligence.

Reckless driving is another criminal charge that may result from an accident. Reckless driving, even without alcohol or drugs, can also be the basis for a punitive damages claim in a personal injury or wrongful death lawsuit. When the at fault driver is just given a regular traffic ticket, for instance for careless driving, running a red light, speeding, etc., these are not as helpful for the personal injury or wrongful death case. Normally, when police officers give traffic tickets, they do so after the crash and base their opinions on statements made after the crash rather than their direct observations of the crash. If the police officer did not see the crash, his/her opinion about fault and his/her decision to give a ticket to one driver or another is irrelevant because it is only based on speculation. However, it is always helpful to know who received the ticket in a crash because that can be used as a part of an argument to show that driver was liable for the crash.