Car Accidents

Widow Sues Port St. Lucie Police Sergeant for Palm City Motorcycle Accident Death

July 22, 2011 | by David J. Halberg, Esq.

A widow whose husband died in a Palm City motorcycle accident last year is suing Port St. Lucie Police Sergeant John K. Holman for his Martin County, Florida wrongful death. John Garcia died when his motorcycle and the 2002 Jeep Wrangler by Holman collided at the intersection of Mapp Road and Catalina Street early on June 16, 2010. Holman was off-duty at the time.

Florida Highway Patrol cited Holman with failure to yield, but the citation was thrown out when the FHP officer who investigated the crash did not show up at the hearing. Now, however, Alice Garcia and her son Derek Garcia, have filed a Palm City, Florida wrongful death lawsuit against Holman seeking over $1 million. Their personal injury attorney also wants to know why a Florida traffic crash that ended in a vehicular homicide only resulted in a failure to yield citation.

Florida Traffic Crash Deaths

Man Files Miami Car Accident Lawsuit Against Ex-NBA Heat Player Alonzo Mourning

July 20, 2011 | by David J. Halberg, Esq.

21-year-old William Candelario is suing former Miami Heat basketball player Alonzo Mourning for Florida personal injury. Candelario claims that the former NBA player failed to help him after he was injured in a Miami-Dade car crash on the Julia Tuttle Causeway on Sunday.

Mourning’s Porsche had reportedly stuck Candelario’s vehicle, which had been disabled in an earlier crash, close to the intersection with Interstate 95. The ex-Heat player says that he did stop and check on Candelario before leaving the scene. He then called the authorities and then returned to the crash site. He has not been charged in the crash. Candelario, however, believes that Mourning could have done more to help him. He is also suing Eddy Desir, who is the driver of the car that was involved in the first collision with him.

Candelario’s Miami car accident lawyer says that his client sustained a concussion and suffered memory loss. Because of his injuries, he received treatment at the Aventura Hospital emergency room twice. It is not known at this time whether any of Candelario’s Miami car crash injuries are permanent.

Florida Auto Products Liability: Mother Files Broward County Wrongful Death Lawsuit Blaming Toyota’s Smart Key System for Carbon Monoxide Poisoning

July 15, 2011 | by David J. Halberg, Esq.

We’ve all read about auto defects that can cause catastrophic Palm Beach County car accidents. Faulty engines, worn tires, air bag malfunctions, and stuck accelerator pedals can lead a motorist to lose control of a vehicle and crash. Now, here are allegations of another type of auto defect-one that doesn’t require anyone to be driving the car let alone even be in it.

In her Broward County auto products liability complaint, Kimberlin Nickles is suing Toyota and car dealer JM Lexus for her daughter Chastity Glisson’s Boca Raton wrongful death. Glisson died of carbon monoxide poisoning after leaving her Lexus running in her garage last year. Nickles believes that her daughter either forgot to shut down her car’s engine or thought she had done so but in fact did not. Glisson’s boyfriend, Timothy Maddock, was also a victim of the CO poisoning incident and is also suing Toyota for Palm Beach personal injury.

Toyota’s Smart Car system is a keyless system that doesn’t require anything to be inserted into an ignition. Instead, it is a key fob that allows a car to keep running as long as the device is near the vehicle. Nickles contends that because her daughter’s Lexus was designed to have an engine that was “virtually soundless and smooth,” it was easy for her daughter to not realize that the vehicle was still running.

Palm Beach County Pedestrian Accident Kills 72-Year-Old Boynton Beach Man

May 23, 2011 | by David J. Halberg, Esq.

72-year-old Patrick Macklin died today when he was fatally struck in a Boynton Beach pedestrian accident. The Palm Beach County Sheriff’s Office says that Macklin was walking on Woolbright Road early in the afternoon when he was hit by a BMW. According to one witness, Palm Beach County Fire Rescue workers told her Macklin might have survived the traffic crash if someone had conducted CPR on him before rescuers arrived.

Elderly Pedestrians

In Florida, which is a haven for many seniors and retirees, there are often elderly residents out walking. It is important for drivers to realize that some older pedestrians may not be as alert or as quick to respond as their younger adult counterparts, which is why motorists should exercise caution when they seem them on the road and sidewalks.

Florida Products Liability: Senate Passes Tort Reform Legislation That Could Limit Payouts from Manufacturers of Defective Autos

March 24, 2011 | by David J. Halberg, Esq.

Last week, the Florida Senate approved a bill that could make it harder for victims to obtain Florida products liability compensation from manufacturers. Sen. Garret Richter’s, R-Naples, “crash worthiness” bill mandates that juries consider everyone who may have been at fault in contributing to an accident, not just a product maker. The bill is geared towards limiting car manufacturers’ liability for auto defects that cause injuries or death in a Florida car crash. A companion bill is now making its way through committees in the Florida House.

Under current state law, juries for Florida products liability cannot consider evidence regarding the fault of the person that actually caused the accidents. They can only consider evidence related to the manufacturer’s fault in a product’s defect.

If this bill becomes law, it would reverse the Florida Supreme Court’s ruling in D’Amario v. Ford Motor Co. in 2001. That auto products liability case involved teenager Clifford Harris, who sustained serious burn injuries and lost three limbs when the 1988 Ford Escort that his drunk friend was speeding in struck a tree and then caught fire.

Harris’s mom filed a Florida auto products liability complaint against Ford. She said a relay switch failure contributed to the vehicle catching fire. While a jury ruled in Ford’s favor, the state’s highest court reversed the decision. This precluded juries from looking at evidence involving the party that caused the accident. In this case, it would have been Harris’s friend.

Critics are worried that this latest bill would make it easy for manufacturers to not be held accountable.

Florida Products Liability
Manufacturers should be held accountable for products that cause serious injuries or death. Poor design, product defects, manufacturing flaws, parts malfunctioning, marketing defects, breach of warranty, and faulty instructions are some grounds for victims and their families to sue.

Proving Palm Beach products liability can be challenging, which is why you should get legal help. The statute of limitations for a Florida products liability case is four years. However, if a product defect resulted in a death, then the statue of limitations is two years.

Florida Senate Moves to Curb Liability Suits Against Car Makers, Insurance Journal, March 17, 2011
Florida Senate limits product liability lawsuits against auto makers, other businesses, NaplesNews, March 16, 2011

Related Web Resources:
Defective Product Liability Claims: Who to Sue?, Nolo
Products Liability, Cornell.Law.Educ

More Blog Posts:
Will US Supreme Court’s Revival of Seat Belt Defect Lawsuit Against Mazda and Window Defect Case Against Ford Pave the Way for More Florida Auto Products Liability Cases?, South Florida Injury Lawyer Blog, February 28, 2011
Five People Killed in West Palm Beach After Tire Blowout Causes SUV Rollover, South Florida Injury Lawyer Blog, October 20, 2008 Continue reading

$2.25M Palm Beach Car County Accident Verdict Awarded in Boynton Beach Wrongful Death

March 18, 2011 | by David J. Halberg, Esq.

Ruling in favor of the plaintiffs, a jury has awarded $3 million to Ann Prushansky’s children for her Palm Beach County wrongful death in a Boynton Beach car crash in 2008. Because the jury members determined the 70-year-old mom to be 25% at fault for the deadly collision, the award has been reduced to $2.25 million.

The driver of the vehicle that rear-ended Prushansky’s vehicle, then-17-year-old Patrice Fradley, was initially charged with DUI manslaughter and other offenses. However, because a judge decided that blood tests were administered illegally, the criminal charges against her were dropped. While the jury was not told about the blood test results, they were made aware that Fradley had said that she took Xanax and alcohol on the day of the Palm Beach County traffic crash.

Although Fradley’s attorney claimed that Prushansky would not have died if she’d been wearing a seat belt, the family’s Florida injury lawyer countered that the older woman was buckled up. He also disputed the defense’s claim that because Prushansky had been involved in another just before Fradley’s car struck her, the younger driver did not have enough time to stop to avoid causing the deadly crash.

2008 Car Crash Victim Files St. Lucie County Personal Injury Lawsuit Over His Severed Foot That Was Stolen

March 9, 2011 | by David J. Halberg, Esq.

Karl Lambert is suing is suing a former St. Lucie County Fire District firefighter-paramedic for Florida personal injury. Lambert lost part of his leg and his foot in a 2008 traffic crash. He wants compensation from Cynthia Economou, who admits that she did take the foot from St. Lucie County car accident site on I-95.

Economou took the foot, which was trapped in the wreckage, to help train her dog in body recovery. She says that the foot was “unrecognizable” when she found it and that she considered it unusable, which is why she didn’t give it to her commander.

However, Lambert contends that if the found body part had been delivered to the West Palm Beach hospital, the possibility of reattachment could have at least been explored. He is also suing the St. Lucie County Fire District for Florida personal injury on the grounds that it was “vicariously liable” for Economou’s actions while on the job.

Miami-Dade County Car Crashes on I-95 Kill Four, Injure Three

March 6, 2011 | by David J. Halberg, Esq.

In a tragic series of events on Saturday, four people were killed on Interstate 95 close to Miami Shores. The victims appear to have gotten out of their vehicles to check on another traffic crash. A fifth pedestrian who was with them was taken to Jackson Memorial Ryder.

According to the Florida Highway Patrol, the first of multiple Miami-Dade County car crashes on I-95 occurred at around 4:45 am when a vehicle drove into the concrete median wall close to 103rd street. A Ford auto then pulled over on the shoulder. Not long after, the driver of a Honda, who was in the express lane, swerved to avoid hitting the first car but then ended up striking the five pedestrians and the Ford. The Honda’s driver and its passenger were also transported to Jackson Memorial Ryder. Police are trying to determine exactly what happened.

Miami-Dade Traffic Crashes

Preventing Palm Beach Car Accidents: Dangers of Distracted Emphasized During Simulated Display

February 21, 2011 | by David J. Halberg, Esq.

It is no longer a secret that texting and surfing the Internet while driving can be dangerous. Yet people continue to get hurt and die because someone was looking at the phone, checking email, sending texts, or surfing the Web rather than paying attention to the road. As our Palm Beach personal injury law firm has mentioned in the past, the US Department of Transportation reported 5,474 distracted driving crashes in 2009 alone. Not only that, but 11 teens a year are killed because of texting while driving. Also, the National Safety Council reports that 28% of traffic crashes that occur involved drivers talking on the phone or texting.

At Palm Beach Atlantic University yesterday, participants were given the opportunity to experience virtually how catastrophic texting while driving can become when they tried texting while on a virtual course. The simulated program, run by PEER Awareness road manager Robert Tower, travels to different schools to help educate teenagers about the dangers of texting combined with driving. The program also includes news footage of interviews with families who lost loved ones in distracted driving accidents involving drivers who were text messaging.

Hopefully, education and awareness will discourage teens and adults from texting or doing anything that keeps them from watching the road. Recently, a wrongful death lawsuit was filed against a woman accused of updating her Facebook while driving. The pedestrian who died was a 70-year-old man. Also, another man accidentally drove his car through a bridge guardrail and into a river because he was texting.

Unlike in a number of US states, in Florida there is still no ban on texting while driving even though 17 bills have been introduced pushing for this. That said, this does not mean that texting while driving is not negligent driving when injury or death occurs as a result.

Program exposes the dangers of texting and driving, Sun-Sentinel, February 21, 2011
Ban on Texting while Driving Urged for Florida, First Coast News, February 9, 2011
Representative says texting while driving ban could fail in FL, WZVN, February 21, 2011
Suit: Woman in fatal crash was updating Facebook, Chicago Tribune, February 15, 2011
Man who was texting behind wheel drives off Danvers bridge and into river, police say, Boston.com, February 22, 2011

Related Web Resources:
Distracted Driving, National Safety Council
Distraction.gov, US Department of Transportation
Distracted Driving, Peer Awareness Continue reading

$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist

January 21, 2011 | by David J. Halberg, Esq.

A jury has awarded the family of Andrew C. Corsini, Jr. $5.3 million for his Naples wrongful death. The 49-year-old Islamorada man died on May 17, 2009 after he was struck head-on by another vehicle in a Collier County motorcycle accident. The 1996 Jeep that hit Andrew, a US Immigration and Customs Enforcement agent, had driven into oncoming traffic on US 41.

The impact of the Naples motorcycle accident pushed Andrew motorbike into his wife’s motorcycle. Melissa Dawn Corsini sustained serious injuries, including torn ligaments, broken bones, a concussion, and other injuries. Meantime, according to the family’s wrongful death lawyer, Andrew’s organs were “pulpified” and “his aorta was ripped out from his heart” during the crash.

Also injured in the Naples car accident were the Jeep’s driver, 77-year-old driver Carlos Riol, who sustained minor injuries, and his 73-year-old passenger, Maria Gomez, who suffered serious injuries. Riol received a ticket for failing to maintain a single lane. A police trooper told a county judge that the elderly motorist might have fallen asleep while driving. Riol’s license was suspended for a year and he was fined $20,000.