Central Florida Personal Injury Lawyer - Accidents

CSX Railroading Waiver of Its Own Liability Through Florida Legislature

K.C. Bouchillon — Wed, 30 Apr 2008 15:16:33 GMT

Last night, the Florida House approved the deal between FDOT and CSX regarding commuter and freight rail - and including a waiver of liability for CSX for accidental injuries and deaths that occur along the 61 mile corridor in this area, even those due to the negligence of CSX. The Florida Senate is scheduled to vote on this debacle today since it has been placed on the Senate Special Order Calendar - short for "Hurry-Up-and-Cram-It-Thru-the-Process-Before-the-Screams-of-Protest-Get-Too-Loud."
The basic deal is bad enough - this first segment of commuter rail in the greater Orlando area will be done in such a way which will adversely impact the future ability for the remainder of central Florida to have rail because of increasing freight traffic on the remainder of the CSX line between Orlando and Tampa. Beyond that, the liability waiver for CSX is absolutely NUTS. If you or a loved one are seriously injured or killed because of a CSX screw-up, there will be very limited recourse - and all us as taxpayers will be responsible for that.
Want to know how bad that is? So bad that even the Lakeland Chamber of Commerce is opposed to it, stating in an official release today "It is crucial that this waiver of liability for CSX not be allowed." Keep in mind that local and state chambers of commerce generally support all manner of limited liability (and often even absolute immunity) for businesses, medical treatment,etc. because such arguably reduce their members' insurance premiums - not true, but it sounds good. Well, this deal is so bad even the Chamber sees it for what it is - state subsidy and unwarranted protection of private business interests.
Call your State Senator - quick! If that doesnt work, keep your families as far away from trains as possible and make sure you vote next time these brilliant folks come up for re-election.

Originally posted at InjuryBoard by K.C. Bouchillon

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

Two Florida Deputies Killed by Another Deputies Car

Jenny Albano — Thu, 29 Nov 2007 20:10:39 GMT

Two Palm Beach County deputies were chasing a stolen vehicle in the Everglades when another deputy's car struck them. Both of the deputies hit by the patrol car were killed, the other deputy was injured. One of the car thieves was eventually arrested.

The deputies, described as very close friends, had put spikes on a road that punctured the stolen car's tires. But when they ran to remove the spikes from the road they were struck at about 1:45 a.m. by a canine patrol vehicle that was pursuing the car thieves, Sheriff Ric Bradshaw said.

The car that was stolen came to a halt after its tires were punctured by the spikes. The thieves then ran into the sugarcane fields and the patrol car that hit the deputies ran into a canal. After over 75 officers searched for the criminals for five hours they eventually found Ernie Kirk Daley Jr, 19, who will be charged with four felony counts of fleeing and eluding an officer with injury.

The killed officers were identified as 13-year veteran Donta Manuel, 33, and Jonathan Wallace, 23, who had been with the sheriff's office for 1 1/2 years.

The driver of the patrol car that hit the deputies had a concussion and a broken arm. A trainee in the car was treated for minor injuries and the police dog was not injured.

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

Originally posted at InjuryBoard by Jenny Albano

21-year-old motorcyclist killed when truck pulls in front of him

K.C. Bouchillon — Wed, 14 Nov 2007 08:42:40 GMT

Ryan Lain, a 21-year-old resident of Lakeland, Florida, was killed while riding his motorcycle on the evening of Tuesday, November 13. He was northbound on County Line Road when a tractor-trailer turned in front of him to go south on County Line Road. The investigation is continuing. Accidents like this are all too common. Issues that often arise in these kinds of mishaps, but which are often overlooked in the official investigation, are the visibility of the trailer, the number of hours the truck has been in operation, how long it has been since the truck driver last slept, and so forth. In this case, Lain and his motorcycle were actually dragged beneath the wheels of the trailer for some distance before it stopped, making issues affecting driver alertness particularly relevant.

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

Originally posted at InjuryBoard by K.C. Bouchillon

PIP Gets New lease on Life

Courtney Mills — Tue, 25 Sep 2007 15:36:29 GMT

Last week Friday Governor Charlie Christ's representatives met in closed session with lobbyists from hospitals, trial lawyers, and auto insurance companies, in an effort to save PIP. A counselor to the governor told the men that a compromise had been reached between the House and Senate to save No-Fault.

According to original reporting in the Palm Beach Post, Christopher Kise, counselor and insurance point-man to the governor, told lobbyists that he was 90% confident that Christ would support the proposal to retain no-fault. According to Kise, the Florida state CFO Alex Sink had recently stepped up efforts to rescue PIP.

No more required PIP for drivers means that drivers will no longer automatically have medical coverage for auto accident injuries. Big insurance insists that no more mandatory PIP would save millions of dollars annually in auto insurance costs and reduce medical overtreatment. Maybe, but drivers would be without their accident injury protection.

An interest group representing two large Florida insurance companies promptly issued a blistering condemnation of the governor's deal. "This proposal doesn't fix anything. It makes the problem worse and more expensive for drivers," said Allison North Jones, spokeswoman for the organization. "The various stakeholders can talk all they want about potential deals, but lawmakers need to focus on what's best for their constituents."

Lawmakers have not met finally to discuss PIP, although they plan to meet in a special legislative session next week on Thursday and Friday in order to keep PIP in effect.

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

Originally posted at InjuryBoard by Courtney Mills

Gibsonton Woman Dies in Car Crash

Courtney Mills — Fri, 24 Aug 2007 10:57:40 GMT

A Gibsonton woman died late Thursday afternoon in a car crash with a Ford Expedition and veering into a lake.

Sheila Creel's red Mazda was struck at the intersection of Gornto Lake Road and Providence Lakes Boulevard by a large Ford Expedition, which sent her car flying into the pond that abuts the intersection.

According to media reports, two drivers in the car behind the Expedition got out at the scene and dove into the pond in an attempt to extricate Creel. Ultimately, the drivers had to wait for Hillsborough County Fire Rescue to arrive and remove Creel. Hillsborough County Fire rescue said that it took approximately 11 minutes to remove Creel from the vehicle.

She was then taken to Brandon Regional Hospital, where she tragically died.

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

Originally posted at InjuryBoard by Courtney Mills