Central Florida Personal Injury Lawyer - Automobile Accidents

Alcohol a Major Factor in Florida Traffic Fatalities

K.C. Bouchillon — Mon, 30 Nov 2009 09:53:00 GMT

Almost 40% of all traffic fatalities in Florida in 2008 were alcohol-related, according to the Florida Traffic Crash Statistics Report 2008.

This statistic is even more sobering when one considers that only about 9% of all traffic crashes were alcohol-related. In other words, when alcohol is involved, a traffic crash is significantly more likely to result in a fatality.

Pedestrian fatalities are also significantly increased when alcohol is involved. Only 10% of pedestrians involved in traffic accidents had been drinking. However, drunk pedestrians accounted for more than 36% of pedestrian fatalities.

At Lilly, O'Toole & Brown, we sue drunk drivers. If you or someone you know has been injured or killed by a drunk driver, give me a call at 863.533.5525, or email me at kc@loblawyers.com

To see the full report: www.flhsmv.gov/hsmvdocs/CS2008.pdf

Originally posted at InjuryBoard by K.C. Bouchillon

Texting Drivers Create Significant Risk of Crashing

K.C. Bouchillon — Mon, 23 Nov 2009 09:16:00 GMT

A driver who is texting is 23 times more likely to crash, according to a recent report.

And while texting while driving has certainly gotten a lot of media attention, it is certainly not the only distraction causing serious auto accidents. The State of Florida recently released the Distracted Driver Research report, which contains sobering information about the dangers of distracted drivers:

A vehicle travels the length of a football field in just 5 seconds at highway speeds, which is less time than it takes to complete a text message
One in seven drivers admit to texting while driving
46% of drivers aged 16-17 text while driving
48% of drivers aged 18-24 text while driving
The impact of using a hands-free phone setup does NOT differ from the impact of using a hand-held cell phone
83% of drivers rate distracted drivers or drivers using cell phones as serious or extremely serious problems, which was higher than any category except drunk drivers

You can view the full Distracted Driver Research Report at www.flhsmv.gov/html/distracteddriver/2008DDR.pdf

Originally posted at InjuryBoard by K.C. Bouchillon

Central Florida Teen Injured In Freak Accident

Chrissie Cole — Wed, 30 Sep 2009 13:07:00 GMT

A Central Florida teen has been in a drug induced coma for several days following a freak accident over the weekend.

Bree McMahon, 17, a senior at Freedom High School, was at a car wash fundraiser for her club soccer team, when she got pinned between a car and the wall.

A young lady was driving the vehicle and by accident pinned Brea against the wall. “She had crushed injuries to both her lower extremities of her legs; unfortunately there was a great effort to save the leg. Her left leg had to be amputated. Her right leg is compromised at this time,” said Newman.

“Bree is making major progress,” says Brenda Newman, a friend of the family. “She is off the respirator and I am happy to say she is doing well breathing on her own and she looks wonderful.”

She is recovering at Orlando Regional Medical Center from severe injuries she sustained in the accident.

The McMahon family is trying to stay strong. They are taking it day by day and doing everything they can for her, said Newman.

Originally posted at InjuryBoard by Chrissie Cole

Car Crash into Orange County Convenience Store Caused by Brake Failure

Margaret Embry — Wed, 29 Apr 2009 13:37:51 GMT

On April 29, 2009, Diane Marie Hunter, 44, of Orlando, crashed her vehicle into a convenience store on Powers Drive after her brakes failed when she attempted to stop at a traffic light, according to the Orlando Sentinel. Luckily no one was injured, but Ms. Hunter has been charged with failure to maintain the brakes on her vehicle by the Florida Highway Patrol. The front of the convenience store was destroyed.

For anyone who has experienced brake failure in their vehicle, they know what a terrifying experience it can be. It is important to be aware of what to do in case brake failure occurs. According to the National Safety Council, the first thing to do if brake failure is suspected is to stay calm. Turn your directional signal on and move to the shoulder of the road.

Let the car gradually slow down by taking your foot off the gas pedal. Shift the car into a lower gear so the engine can help slow the car. Simply steer as your vehicle slows.

Once off of the road, shift into neutral and gradually apply the hand brake until the vehicle stops. If the hand brake has also failed, direct the car onto a soft shoulder or rub the wheel against a curb which will help the car to slow down. It is important to get the car to a safe place to avoid stopping traffic or being involved in a rear-end collision. Turn on your emergency flashers once the car has come to a complete stop.

Call for help and remember to never drive the vehicle, no matter how slowly, without brakes!

Originally posted at InjuryBoard by Margaret Embry

Two Killed In Orange County Car Accident

Chrissie Cole — Fri, 27 Feb 2009 12:25:00 GMT

Some of the people involved in an early morning car crash that killed two people in south Orange County have been identified by authorities.

Christopher Vega, 25, of Orlando, was one of the people killed in the accident, which occurred on Orange Blossom Trail, near Pepper Mil Blvd., according to an FHP report.

An unidentified male, 26, in the car with Vega, was also killed.

An FHP report said Vega and the other man were riding in a 2006 Toyota driven by Vanessa V. Rodriguez, 21, of Orlando. The Toyota was southbound, in the middle lane, approaching Pepper Mil Boulevard at about 4:35 a.m.

The two vehicles collided and Toyota continued, before coming to rest on its roof inside the northbound outside lane.

The driver suffered minor injuries. And another passenger, 22, of Orlando also suffered serious injuries.

Troopers are investigating the accident.

Originally posted at InjuryBoard by Chrissie Cole

MAN IN WHEELCHAIR KILLED BY HIT-AND-RUN DRIVER

K.C. Bouchillon — Tue, 04 Mar 2008 11:35:30 GMT

For the second time this year, a hit-and-run driver has claimed the life of a wheelchair-bound man crossing a street. Macelin Azor, 64, was crossing the intersection of West Main Street and North Rome Avenue in Tampa when a pickup truck ran a red light and killed Azor.

The vehicle was an older model, dark brown Ford pickup truck with a tan stripe down its side. Police are still searching for the vehicle and its driver.

Earlier this year, James Robert Tanner, 66, also confined to a wheelchair, was killed at the intersection of Memorial Boulevard and Stella Avenue in Lakeland when a hit-and-run dump truck driver struck Tanner as he crossed the intersection. The driver of the dump truck, Thomas Eugene Simpson, later turned himself in.

Originally posted at InjuryBoard by K.C. Bouchillon

U.S. 17-HAVENDALE INTERSECTION MOST DANGEROUS IN POLK COUNTY - AGAIN

K.C. Bouchillon — Thu, 31 Jan 2008 11:38:56 GMT

For the fifth time in six years, the intersection of U.S. 17 and Havendale Blvd. in Winter Haven is the most dangerous one in Polk County, Florida, according to 2006 figures recently released.

There were 58 collisions at the intersection that year, an increase of eight from the year before. As anyone who has driven through the intersection can attest, it is large, heavily congested, and has an array of confusing traffic signals. Add to that the occasional impatient/angry driver, and it's a wonder more accidents don't occur there.

Whether the collision occurs there, or anywhere else, there are some important tips to remember if you are involved in a collision.

1) Make sure you and your passengers are uninjured. If you are injured, don't move, and don't attempt to move others who are injured unless staying in the vehicle presents a dangerous situation. Immediately seek medical care for you and your passengers.

2) Call 911.

3) If you are uninjured, assist others involved in the accident, if doing so does not expose you to unreasonable risk.

4) Do not move your vehicle unless directed to do so by law enforcement or it presents an unreasonable risk to you or others. The location of your vehicle and the other vehicles provides valuable information for the investigating officer.

5) Do not discuss what happened in the accident with anyone except the investigating officer.

6) If you have a camera - even if it's the one on your cell phone - take photographs of the scene and vehicles involved. Again, though, use common sense. Don't put yourself or anyone else in harm's way.

7) Often, there are witnesses to accidents who are willing to help and tell their story early on, but later get cold feet. Try to get the names, addresses and phone numbers of witnesses, and provide them to the investigating officer. Encourage them to tell their story while they are at the scene.

8) Afterward, do not give a statement to anyone before contacting an attorney.

To contact Mr. Bouchillon, email him at kc@loblawyers.com or visit his firm's website at www.loblawyers.com.

Originally posted at InjuryBoard by K.C. Bouchillon

FHP, DOT Ignored Warnings of Fog, Smoke That Led to Deadly I-4 Pileup

K.C. Bouchillon — Wed, 16 Jan 2008 07:55:17 GMT

Almost 20 hours before the deadly I-4 pileup that killed five and injured dozens, the Florida Highway Patrol and the Florida Department of Transportation had been warned of dangerous conditions of fog and smoke, yet the state agencies took virtually no action to avert the disaster.

The day before the accident, the National Weather Service issued a fog alert that placed the risk at 10 on a scale of 1 to 10 for the area where the accident occurred. Just hours later, the Division of Forestry warned FHP that an out-of-control wildfire would create dangerous conditions for motorists. Despite these combined warnings, nothing was done, other than DOT placing one small warning sign in either direction.

Warnings of these types, particularly the smoke warning, are not often given, and combined, they should have raised red flags to the state agencies that could have taken action to avoid this tragedy. Since the accident has occurred, the interstate has been closed on two pre-dawn mornings. Unfortunately, it's too little too late.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by K.C. Bouchillon

70-car Pileup, Multiple Deaths in Lakeland Highlight Outdated Sovereign Immunity Limits

K.C. Bouchillon — Wed, 09 Jan 2008 10:09:44 GMT

A "controlled" burn started by Florida Fish and Wildlife turned into a raging brushfire and a deathtrap for motorists on I-4 Wednesday morning, January 9, and when the smoke clears, the government agencies responsible for this tragedy will pay next to nothing to the victims and their families.

As of this writing, four are dead and more than three dozen injured as a result of the collisions. More than 70 vehicles, including 20 tractor trailers, were involved in the collisions, just east of Lakeland. Several cars and tractor trailers burned. Too late, authorities decided to close down I-4 in both directions.

Questions are already being asked about the role of Fish and Wildlife in failing to control the blaze, and the Florida Department of Transportation in failing to close I-4 when heavy smoke began obscuring drivers' seeing distances. Unfortunately, Florida's sovereign immunity statute limits a governmental entity's liability to $100,000 per person, and $200,000 total for all claims "arising out of the same incident or occurrence."

This raises one immediate issue for those involved in the tragedy: Is the series of collisions the "same incident" or are they considered separate?

The long-term issue is: Should the State of Florida significantly raise the sovereign immunity limits of liability? The current limitations have been in place for years, and as these collisions show, they are woefully inadequate. Even when there is just one death, $100,000 is hardly fair recompense. And in a tragedy this large, $200,000 is downright insulting to the victims and their families.

The sovereign immunity statute does permit victims of the negligence of the state's political subdivisions to submit what is known as a "claims bill" to the State Legislature for compensation above $100,000 per person or $200,000 per incident. However, that adds an extra layer of delay to compensation. It would be simpler and more equitable to victims simply to raise the sovereign immunity limits to reasonable levels.

It should be pointed out that these limitations do not apply to any at-fault drivers involved in the collisions. Also, by law, tractor trailers are required to be insured for at least $750,000. Nevertheless, when all is said and done, it is likely that the victims and their families will be left far short of fair compensation, particularly those who don't act quickly to preserve their rights and their share of what little there is to divide among the others involved.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by K.C. Bouchillon

Twin Florida Southern Students Killed When Tractor Trailer Runs Red Light

K.C. Bouchillon — Tue, 08 Jan 2008 19:27:52 GMT

The investigation is continuing into the death of one twin sister and the critical injury of the other when a tractor trailer ran a red light and plowed into the sisters' Honda vehicle on the morning of January 7.

Since the collision involved a death, it is likely that the results of the investigation will not be disclosed for up to three months. Unfortunately, as dedicated as the Florida Highway Patrol is, its investigators are hard-pressed to perform thorough investigations. It is helpful in such instances to have an independent expert investigate the accident scene and vehicles as soon as possible.

Meghan Kelly, 20, was killed, while her identical twin, Melissa, was seriously injured in the accident. They were returning to Florida Southern College from their home in LaBelle after the Winter break. At Florida Southern, they were both on the soccer team. The identity of the driver of the tractor trailer has not yet been released.

According to the Florida Highway Patrol, the driver of the tractor trailer ran a red light at the intersection of U.S. 27 and S.R. 29 in Glades County. When a death is involved, the Florida Highway Patrol will perform a traffic homicide investigation, which can take months to complete. In accidents involving tractor trailers, there are typically more factors than one would normally find in a run-of-the-mill automobile collision, and a speedy investigation is very important.

For example, truck drivers' hours of service are heavily regulated by Florida and federal law, since no one wants an 80,000-lb. juggernaut operated by someone dozing at the wheel. Nevertheless, it is well-known in the industry that many drivers keep two sets of logbooks. One, which is shown to law enforcement, tracks the hours that the driver needs to comply with the law. Another, which is accurate, shows the actual drive times -- and the violation of driver hours.

Also, in order to drive a tractor trailer, a driver must obtain a commercial drivers license ("CDL"), which requires special driving courses. Unfortunately, some of these schools fail to provide adequate training, leaving drivers with little understanding of the special dangers presented by such a large, heavy vehicle.

The condition and maintenance of the truck AND the trailer can also have a significant impact on their performance and their maneuverability in an accident situation.

Unfortunately, much of this important evidence can "disappear" by the time an official investigation is concluded, leaving the victims and their families with precious little to assert a claim against the at-fault driver and the company he or she works for.

For more information on this subject, please refer to the section on Tractor-trailer accidents.

Originally posted at InjuryBoard by K.C. Bouchillon