A pedestrian accident claimed the life of a 16-year-old student at University High School in Orange City, Florida. He was struck and killed on the first time he ever attempted to walk to school. The victim of the other accident, a 13-year-old male on a bike, survived with no major injuries. Together, these accidents raised the total to 17, the number of students to be struck by cars heading to or from school this year alone. This included one other death.
]]> The school district's superintendent said she was saddened by the recent accidents and death and said the district would take steps to increase pedestrian safety and prevent similar accidents in the future.The recent victim was struck when attempting to cross the busy intersection of East Ohio and Volusia avenues. This was a corner that the victim's father admitted was a concern even before his son's death. The victim's father claimed that the lights at the intersection change quickly and can present a problem to pedestrians crossing the road.
Members of the Florida Highway Patrol said the victim was crossing the street about a half-mile from his home at 6:48 a.m. Authorities said he was running across the street not within the guides of the crosswalk when a Mazda 5 driven by a 35-year-old woman struck and killed him.
The driver was reportedly traveling under the posted speed limited and allowed police to take blood samples to investigate for drugs or alcohol use. Police said the victim's hearing might have been impaired as they found his cell phone with earphones plugged in.
District officials are now looking to ramp up education and awareness of public safety to help curb the rash of accidents.
Source: The Daytona Beach News-Journal, "Volusia schools to re-examine safety after teen's death," Patricio G. Balona and Linda Trimble, Feb. 3, 2012
]]>The weather on the day of the crash was overcast and misty. The plaintiff in the case, a 27-year-old daughter of one of the deceased doctors, also argued that it was foggy and not suitable for flying.
]]> During its trip, the helicopter struck a number of trees and eventually crashed into the ground in a wooded area not far from the Palatka Municipal Airport. The crash claimed the lives of a heart surgeon and an organ procurement technician, in addition to the pilot, who was also a combat veteran. The crew was on their way to pick up a heart that was going to be used in a transplant. The daughter of the organ procurement technician is the one who filed the wrongful death suit.She argues that the pilot tried to fly even after receiving a report of the challenging weather and low ceiling. The pilot and his company, SK Logistics out of St. Augustine, still decided to attempt the journey. The lawsuit states that the fog and mist made it tough for the pilot to see and he grew confused to where he was. He then struck a tall pine tree, which triggered the accident.
The National Transportation Safety Board is now investigating and has since determined that, considering the weather, the pilot should have used instruments to guide the flight. Instead, he was using visual indicators, which were tougher to see with the weather.
The victim's daughter is seeking $15,000 for the pain and suffering of her and her two siblings.
Source: Associated Press, "Lawsuit filed in Florida helicopter crash that killed heart transplant team," Jan. 24, 2012
]]>After pleading guilty to the offenses, the man was sent to prison for 12 years. He has teamed up with his sister, who is serving as his lawyer, to go after the deceased driver's estate for damages.
]]> The man's sister and lawyer claimed that he was wrongfully convicted, and the only reason he pleaded guilty to the offenses was because he wanted to take the plea bargain instead of possibly receiving life in prison if the case went to trial. The man has filed his lawsuit as he faces one from the other driver's family. That suit is expected to go to court in April.The man's seemingly outlandish lawsuit will be an uphill battle for him to win, especially considering the great amount of evidence stacked against him. Six people witnessed the accident, which saw the man drive straight into the back of a vehicle carrying four people, at an estimated 70 to 90 mph. The defendant's vehicle slammed into the car which was stopped at a traffic light. Before the accident, the Florida Highway Patrol received complaints that the man was driving "out of control."
The defendant claims that the driver of the other car quickly changed lanes, which caused the accident. Technology in the other car proved that it was stopped at the moment of impact.
Many legal experts are unsure why the man and his sister feel they can win the suit. They also say it could work against the man by angering a jury that is already sympathetic to the innocent victims.
Source: ABC News, "Florida man guilty of DUI manslaughter sues victim," Edward Lovett, Jan. 18, 2011
]]>The 23-year-old victim's parents filed the lawsuit following her death in 2008. The woman was initially arrested by police for possession of marijuana and prescription drugs without written documentation of her prescription. Police used the girl as an undercover informant to use on a sting to catch other drug offenders.
]]> In the 2008 sting, police equipped the woman with $13,000 and was instructed to purchase drugs and even a gun from expected drug dealers. She was sent on this mission alone and it went terribly wrong. The alleged drug dealers shot the woman five times and stole her money. Police later stumbled upon her remains thrown in a ditch about 50 miles away from the rural Tallahassee site of the drug deal.The killers were later tracked down because the money they took, and later spent, was marked. They stole the woman's car and cleaned it with bleach after they were done with it. The two killers drove to Orlando where they spent some of the marked money.
The men convicted of the killing, ages 26 and 29, are serving life sentences in prison for their deeds. They were residents of the U.S. Virgin Islands.
Following the woman's death, legislators passed a new law named after her, which stated police must provide adequate protection for informants. The officer in charge of supervising the woman was fired from the squad, but was later re-hired.
Source: Miami Herald, "City settles informant death suit for $2.6 million," James L. Rosica, Jan. 6, 2012
]]>While this purposed law might seem a bit excessive, experts on child safety admit that, even if a child is of elementary school age, he or she needs to reach a certain height or weight in order for seat belts to adequately protect them. Failing to properly restrain even an older child could put home or her at risk of life-altering injuries in the event of a car accident.
]]> Even though it is not a law right now, proponents for this practice urge parents to put their older kids in car or booster seats anyway. This is not a habit too many parents in Florida are accustomed to, though. According to the Florida Department of Highway Safety Motor Vehicles, once kids finish preschool, their use of car seats plummets.The department's records show that 22 percent of kids ages 6 to 17 involved in non-injury accidents were restrained properly. For newborn children, to kids age five, this was 95 percent. Furthermore, 61 percent of all the children age six and older that died in a car crash were not properly restrained.
This new bill is a far cry from the past state laws that were heavily criticized for being too loose. In fact, the federal government said that Florida had some of the loosest laws on child passengers in the country. Previously, a child could sit in an adult seat when he or she turned 4-years-old.
Legislators drafted similar bills that did not pass. In 2001, one of those passed through the House and Senate, but was vetoed by the governor.
Source: Sun Sentinel, "Booster seat bill wants to buckle up older kids," Diane C. Lade, Jan. 6, 2012
]]>A former offensive lineman for the Pittsburgh Steelers said a brain injury lead to ill health effects following his playing career. It is a sentiment being echoed by the 20 other players -- most of which now reside in Florida -- in the federal lawsuit they filed in Miami. They are asking for unspecified damages.
]]> The players argued that even though brain trauma specialists have long warned the league about the potential for permanent brain damage, the league chose to either ignore the facts or try to hide them. The players also contend that the league knew the game involved very regular head trauma, and therefore knowingly put their players in harm's way.Not only does the lawsuit claim that the NFL did not take proper measures to ensure the safety of its players, the former players allege that the league intentionally deceived them by downplaying the severity of concussions. The players can back up their claims by pointing out that each of them sustained a concussion and returned to play shortly after. They claim that this led to brain issues they still suffer from.
This lawsuit is not isolated to just Florida. Former NFL players in Atlanta, Georgia filed a similar lawsuit. Former Pro Bowl selections Dorsey Levens and Jamal Lewis were tied in with that group of players. In total, 11 lawsuits have been filed against the NFL, some of which have been consolidated to class action suits.
Source: Reuters, "Ex-players sue league in Florida over concussions," Barbara Goldberg, Dec. 23, 2011
]]>Back in 2008, the teen sped down the road, weaving through traffic, when he struck a vehicle that was carrying the woman and her husband. The woman died at the scene of the crash.
]]> Law enforcement originally cited the teen for speeding and reckless driving. Police fined the teen $2,000 and suspended his license for six months. But, that was before they had all the information.A further investigation revealed that the teen had sent 127 texts on the day of the accident, including one that was sent just two minutes before emergency crews arrived on scene. Police determined that the teen was texting while he was driving.
Florida has not done anything to hinder accidents of this nature. Already determined by studies to having some of the worst drivers in the United States, Florida still does not have a ban on hand held cell phone use while driving. Meanwhile, 35 of the 50 states have introduced similar legislation to help curb deadly accidents brought on by this brand of distracted drivers.
Texting while driving increases risk of an accident by 2,300 percent according to the National Transportation Safety Board. Because of this, the board has recommended the federal government place a ban on the damaging practice.
A ban, unfortunately, is not a silver bullet. In some states, drivers are allowed to use some non-web features of their cell phones. This means a police officer needs to get a good look at what a driver is doing on their phone to cite them for any wrongdoing. That has proven to be a tall task.
Source: The Huffington Post, "Texter to pay $8.8 million to victim's family after fatal crash," Dec. 21, 2011
]]>The man, who admitted to drinking moments before the accident and had a blood alcohol content of 0.15, will not be charged with DUI manslaughter as law enforcement said he was not to blame for the fatal accident. Because the driver was not found to be at fault, he will be tagged with just a misdemeanor DUI.
]]> Police came to this conclusion when they determined that the boy was riding his bicycle in the road without a light on the front or back of his bike. The bike also did not have a red reflector on the back. The bicyclist was not wearing a helmet, either. These are all safety measures bicyclists are responsible to take according to Florida law.The boy was heading south on Seminole Woods Boulevard just south of SR 100 when the man struck him from behind in a pickup truck. The boy was brought to a hospital to be treated for his injuries, but he died there two days later. Police investigated the accident by collecting evidence and interviewing eyewitnesses. Authorities concluded that they would have had to prove that the driver could have avoided the accident if he was sober. They claimed they did not have enough evidence to prove that.
The man faces no mandatory jail time, but possible suspension of his driver's license for six to 12 months. If charged with DUI manslaughter, the man would have faced a minimum of four years behind bars and fines up to $10,000. He would also have never gotten his license back.
The victim's father said he believes his son was legally riding on the street and that his pedals did have reflectors built into them. Sadly, the teen had purchased the safety lights for his bicycle a week before the accident, but had not had a chance to install them. His father said the headlight and taillight were still in the box in the boy's bedroom.
When accidents involving a bicycle occur, it can be an important decision to involve an attorney as soon as possible. Attorneys with experience in motor vehicle accidents involving bicycles know what to look for when dissecting the accident scene. Having a legal advocate in your corner early on can ensure that important evidence is not overlooked.
Source: The Daytona Beach News-Journal, "Driver in fatal Flagler accident won't face DUI manslaughter charge," Frank Fernandez, Dec. 16, 2011
]]>Children in Florida and across the United States who suffer a brain injury can experience debilitating headaches for up to a year after the incident. These migraines can interfere with important things like their concentration or sleeping patterns. This is especially noteworthy because roughly a half million children visit the hospital every year due to brain injury. Many of these are sustained during participation in sports. Others happen during a car accident or from general falls.
]]> The headaches can also have an effect on a child's overall morale, as it sidelines them from some of their favorite physical activities, such as playing sports. This can lower their quality of life.Doctors arrived at this recent revelation by giving journals to parents of children who suffered from brain injuries so they could document the trend in headaches. Of the children studied, 402 had suffered mild brain injury while 60 of them suffered moderate to severe injury. Of those that suffered mild brain injury, 43 out of every 100 kids reported experiencing headaches three months after the injury. Thirty-seven out of every 100 kids who suffered moderate or severe brain injury logged headaches after the same amount of time. This trend appeared to be more apparent in girls. Doctors suspect that hormones could possibly figure into these headaches, which is why girls and women experience them more.
Source: Reuters, "Headaches common in kids months after head injury," Elaine Lies, Dec. 8, 2011
]]>After bringing lawsuits against an Indiantown, Florida company that was overseeing a road-widening project, both sides settled out of court, but kept mum on the terms of the agreement. Everyone involved in the case agreed to keep the details confidential.
]]> The accident happened on Aug. 4, 2009 when the teenagers, 18 years old and 16 years old at the time, were passengers in a 1989 Jeep Cherokee. The car, driven by an 18-year-old friend, was heading eastbound on Cove Road in Stuart, Florida at about 2 a.m.The Florida Highway Patrol reported that they encountered the site of the road-widening project where the construction crew had a front-loader truck jutting out into the eastbound lane of traffic. The truck had just finished moving dirt to the south shoulder and was stopped in the lane while the operator went to switch gears and move forward. The crew did not employ a flagman to alert oncoming traffic of the obstacle, which is a standard precaution.
Without any sort of warning, the Cherokee struck the front-loader, levying out the fatal injuries. One deceiving wrinkle to the accident was that the Cherokee's driver, as well as the two victims, was legally intoxicated at the time. However, the accident would not have occurred had the construction workers stayed clear of open lanes of traffic. The operator of the front-loader was not operating under the influence, a blood test showed. Two individuals that served the minors alcohol at a party were later tagged with misdemeanors for their actions.
While both families said they missed their loved ones greatly, they were glad the litigation was behind them and that they could have closure in the incident.
Source: TCPalm.com, "Families of boys killed on Stuart's Cove Road settle wrongful death lawsuits," Melissa E. Holsman, Nov. 29, 2011
]]>A police detective, who was traveling in an unmarked vehicle, struck a 47-year-old man who was attempting to cross the road on his bicycle. After striking the man, the police officer turned around his Toyota Camry, void of any sort of lights or sirens, to alert traffic of the accident site. The victim was pronounced dead at the scene from his injuries.
]]> One fact that Davie police are looking to uncover is what the police officer, who was a part of the force in Pembroke Pines, was doing in Davie. A member of the Davie force said it is pretty uncommon, even for a detective, to venture that far from his or her own county.Meanwhile, some have rushed to blame the victim in the incident, saying that he crossed the street in an unsafe manner. A member of the Davie police force said the man crossed from a median and was not near an intersection or a cross walk.
However, authorities know few important facts about the driver, conceding that they did not know how fast he was driving at the time of the accident. The posted speed limit was 45 mph. Reports from the crash also state that the detective was not visibly impaired, but there have been no tests to confirm those findings. It also remains unknown where he was coming from and where he was heading.
Authorities in Davie said they would continue the investigation as they would for any other traffic homicide. As police investigate the criminal side of this incident, the family of the victim may choose to seek justice in civil court. His family is entitled to seek compensation in order to cover funeral costs and other expenses.
Source: The Miami Herald, "More details in fatal crash of cop and bicyclist," Daniel Chang, Nov. 22, 2011
]]>Arguing that the Miami-Dade County School District did not adequately staff the respective high school, therefore allowing the altercation to happen, the family accepted a settlement that totaled $1.875 million. The victim's mother, in accordance with Florida law, can only collect $700,000 of that now until the government approves the rest of it later. The state legislature will possibly address the settlement some time during the spring.
]]> A lawyer representing the family emphasized that the lawsuit was not about monetary compensation, but rather forcing the school system to take measures that ensure the safety of their students.The issue of safety was something that failed the victim in 2009 during a confrontation with another student that resulted in the fatal stabbing. The student responsible for the stabbing was charged with second-degree murder. A jury found him guilty of the offense in August and he is slated to be sentenced sometime in November.
The family argued that the school did, in fact, have a sufficient amount of staff members, but the administration failed to allocate them appropriately around campus, leaving room for this incident to happen. Had staff been better placed, the family argued, the confrontation would have been broken up before it escalated.
The family of the victim said while they wish they could bring their loved one back, they can't. The only positive thing they could do was go through with the lawsuit to make sure that school officials do a better job monitoring every corner of their high school campus to ensure that similar incidents do not happen in the future.
Source: WSVN-TV Channel 7, "Family, school board reach settlement," Nov. 19, 2011
]]>The man was allegedly driving down a street when he struck an individual who was riding a horse. Both the driver and the rider offered different stories on how the accident played out. The driver claimed he struck the horse and knocked the rider off. But, after the accident, the rider got back up and mounted the horse and both were OK.
]]> The rider, who was accompanied by another horse and rider, said the man struck the horse and knocked the rider off. When the rider fell off, the individual landed on the hood of the car and the horse did not get back up. That's when the man drove off. The rider's story was backed up by the fact the man's car sported a shattered windshield.The rider escaped with minor injuries while the horse suffered a broken leg and eventually had to be euthanized by local veterinarians.
The man told police that he fled the scene to look for a friend, and when he could not find that friend, he returned to the scene of the accident, where police confronted him. A blood test revealed the man had a blood alcohol content level of .223 percent, which is nearly three times the legal limit. A breath test revealed a blood alcohol content level of .219 percent.
The man is being held at a county jail on a laundry list of charges, including DUI with bodily injury, leaving the scene of an accident and driving without a driver's license. While the charges play out in criminal court, the injured man is entitled to seek compensation for his injuries in order to cover medical expenses and pain and suffering.
Source: Ocala.com, "Driver accused of hitting horse and rider faces charges," Carlos E. Medina, Nov. 14, 2011
]]>The victim was navigating his motorcycle just past midnight along southbound I-75, returning home from his job. Along the way, he was struck by a Ford F-150 pickup truck, tossing him more than 100 feet off his motorcycle. Following the accident, the driver of the truck fled the scene and did not phone authorities to report the crash.
]]> The man's body came to rest in a ditch. He was wearing a helmet at the time, which likely played a big role in his survival. The man's motorcycle was found roughly a quarter mile from where his body was. The victim's family believes the motorcycle became wedged underneath the pickup truck and was dragged for that distance. They also speculate the driver had to get out of his truck and dislodge the motorcycle only to continue driving.Because such a distance separated the motorcycle and its rider, it took police about 30 minutes to finally locate the paralyzed man.
After the accident, witnesses recall seeing an F-150 with damage, and the victim's family believed the vehicle and its driver could not have gone too far.
Witnesses peg the driver as a man between the ages of 25 and 35 with short facial hair and an athletic build who was wearing a white T-Shirt at the time of the accident. The Florida Highway Patrol is accepting tips on the case via a phone line.
If police are able to locate a suspect and press charges, the family of the injured man may get some sense of justice. Aside from possible criminal charges, the injured man may be entitled to compensation as a result of the negligence of the pickup truck driver.
Source: WINK News TV, "Family seeks help in search for hit and run driver," Nov. 1, 2011
]]>A 26-year-old Boca Raton man was arrested following an alleged DUI accident that killed a 56-year-old man from Boynton Beach, Florida. The victim was riding on a Harley-Davidson motorcycle heading west on Palmetto Park Road before the intoxicated driver collided with him.
]]> According to police, the man, who was proven by a blood test to have Oxycodone and Alprazolam in his system at the time of the accident, was driving a 2005 Hyundai Sonata. He pulled out in front of the motorcyclist, leaving him not enough time to react. While the victim slammed the brakes and attempted to navigate his bike out of the path of the oncoming car, the Sonata still struck the side and sent him off his vehicle. He was transported to a hospital in Delay, where he was later pronounced dead.Police say after cutting off the motorcyclist and levying out the damage, the man started to drive away until an onlooker chased him down and confronted him. The man returned to the scene of the accident and witnesses say that he appeared high on drugs.
The driver of the Sonata was arrested and is being charged with DUI manslaughter. After being booked at an area jail, he was released on a $25,000 bond.
In addition to the prescription drugs, which police say were consumed at roughly four times the prescribed amount, blood tests revealed he also had THC in his system, indicating he had been using marijuana.
This was all in addition to the Xanax and Roxycodone that the man admitted to taking for a back injury just hours before the crash, according to authorities. Police officers searched the man's car and found empty prescription bottles that showed the medications were legally filled at a pharmacy.
They also found a pipe they suspected the man smoked marijuana out of.
Source: The Sun Sentinel, "West Boca driver accused of DUI manslaughter in fatal crash with Boynton motorcyclist," Alexia Campbell, Oct. 24, 2011
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