Motorcycle Accidents

West Palm Beach Motorcycle Accident Leaves Police Officer with Serious Injuries

November 26, 2011 | by David J. Halberg, Esq.

Keith Gorski, a West Palm Beach police officer, is expected to survive the serious injuries he sustained in a Palm Beach County motorcycle crash on Wednesday. Gorski suffered multiple injuries, including several broken bones, when a car struck his bike.

According to police, Gorski was trying to stop a speeding car when he was hit by another vehicle. Rescuers had to perform CPR d on him before he was rushed to St. Mary’s Medical Center.

If you were injured in a West Palm Beach motor vehicle crash while doing your job, you likely cannot obtain Palm Beach County personal injury damages from your employer. However, if there were other parties or persons whose negligence caused your South Florida traffic crash, you may be entitled to damages from them.

Decline in Florida Motor Vehicle Crashes Reported

September 29, 2011 | by David J. Halberg, Esq.

According to the state’s Department of Highway Safety and Motor Vehicles, there has been a 4.6% drop in the number of Florida traffic deaths. Compared to 2009, when there were Florida 2,565 motor vehicle fatalities, there were 2,444 Florida traffic deaths reported in 2010. That’s a nearly 31% drop since 2005. County wise, the number of traffic fatalities also went down in Miami-Dade, Palm Beach, and Broward Counties last year.

2010 figures also show, however, that the number of Florida pedestrian deaths have gone up by 3.5%. There were 482 pedestrian fatalities in 2009 and 499 Florida pedestrian deaths in 2010.

Other 2010 Florida Traffic Facts:

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

$2.8M Florida Motorcycle Accident Verdict Awarded In Rider’s Daytona Beach Wrongful Death

April 27, 2011 | by David J. Halberg, Esq.

A jury has awarded the family of Brian R. Heikkila $2.8 million for his Florida motorcycle death. Heikkila, a Palm Coast resident, died on May 30, 2007 in a Daytona Beach traffic crash.

Per the family’s Florida wrongful death complaint, driver Michael T. Hemphill, who was in a Ford Mustang, failed to yield the right of way and struck Heikkila’s motorcycle. The plaintiffs accused Hemphill of negligence and sought damages for mental anguish, pain and suffering.

The Florida jury awarded the family $798,000 in economic damages and funeral costs. They also awarded $1 million to Heikkila’s 5-year-old daughter Ryleigh and $500,000 to each of his parents. The verdict for Heikkila’s daughter is double of what the plaintiffs requested.

South Florida Motorcycle Accidents
Motorcyclists are at greater risk of dying in a traffic crash than are motor vehicle occupants. As a matter of fact, the federal government said in 2007 that there are 37 times more motorcycle rider deaths than there are car accident fatalities. Miami motorcycle accident injuries can include traumatic brain injury, spinal cord injury, burn injuries, broken bones, internal injuries, severed limbs, and other serious injuries.

In sunny Florida, where so many riders take to the roads on their motorcyclists year round, it is important that both they and motor vehicle drivers exercise caution around each other so as to avoid becoming involved in a Palm Beach motorcycle crash.

Jury awards $2.8 million to biker’s family, The Daytona Beach News Journal, March 30, 2011

Related Web Resources:
Motorcycles, Institutional Institute for Highway Safety
Motorcycle Safety Foundation, US Department of Transportation

More Blog Posts:
$5.3M Naples Wrongful Death Verdict Awarded to Family of Motorcyclist, South Florida Injury Lawyer Blog, January 21, 2011
Motorcyclist Dies in Hiahleah Gardens Car Accident, South Florida Injury Lawyer Blog, January 14, 2011
$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death, South Florida Injury Lawyer Blog, December 14, 2010 Continue reading

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.

Motorcyclist Dies in Hiahleah Gardens Car Accident

January 14, 2011 | by David J. Halberg, Esq.

A motorcyclist is dead and two others were seriously injured in a Miami-Dade County car accident involving a Chevrolet Tahoe SUV, a motorcycle, and a Honda Civic on the Palmetto Expressway. The Hialeah Gardens multi-vehicle accident took place at around 1am this morning.

The Florida Highway Patrol says that motorcyclist Adrian Cespedes Kelly died after he was ejected from his bike that had just rear-ended the SUV. At the time, the Tahoe was stopped in the middle of the road because its driver was helping the Civic’s driver, who was just involved in another collision. The motorcycle also struck the Civic. Both the SUV’s driver, Juancarlos Alvarez, and the Civic’s driver, Edward Crouch, were admitted to Jackson Memorial Hospital.

In other recent South Florida car accident news, another motorcyclist, 56-year-old Confessor Ramirez, died in a West Palm Beach motorcycle crash on Wednesday afternoon. Ramirez was thrown from his Harley and into a 1999 Chevrolet Blazer that struck his bike while making a left turn. Ramirez was later pronounced dead at Delray Medical Center.

Also, the 12 students who were injured in Tuesday’s Palm Beach school bus accident are expected to make a full recovery. The Miami Herald reported 16 injuries from when a car crashed into a turning bus. The student with the most serious injuries, a boy, sustained facial lacerations and injured his leg. Our Palm Beach personal injury law firm reported on this news earlier this week in another blog post.

Florida Traffic Accidents
Getting hurt or losing someone you love in a Palm Beach motor vehicle crash can be catastrophic and life-changing. The financial costs that result may be far greater than what your insurance can cover. Medical bills, recovery expenses, funeral costs, lost income, lost benefits, and lost future wages can take a financial toll unless you can hold the responsible parties liable for causing your Miami-Dade car accident.

Motorcyclist killed on Palmetto, Miami Herald, January 14, 2011
Motorcyclist dies in crash near West Palm Beach, Orlando Sentinel, January 13, 2011
Palm Beach Central students hurt in crash expected to make full recovery, Palm Beach Post, January 12, 2011
Recent Palm Beach County Car Crashes Pedestrian Accidents, and Bicycle Collision Cause Deaths and Injuries, South Florida Injury Lawyer Blog, January 12, 2011

Related Web Resources:
Florida DMV

What to do after a car accident, MSN Continue reading

$8.4M Palm Beach County Motorcycle Accident Verdict Awarded In Florida Wrongful Death

December 14, 2010 | by David J. Halberg, Esq.

A South Florida jury has awarded an $8.4 million Palm Beach County wrongful death verdict to the family of motorcyclist John Potts. The 51-year-old was killed in 2006 when he was involved in a traffic crash with a Hummer.

The Palm Beach motorcycle accident occurred when Potts, who was driving through a flashing yellow light on the Beeline Highway, was hit by driver James Harvey, who first slowed then accelerated through a flashing red light. Harvey was supposed to yield when the red light was flashing. Potts, who was not wearing a helmet, was pronounced dead at the South Florida accident site.

Evidence in the Palm Beach wrongful death case included testimony from two witnesses who say that Harvey’s Hummer “T-boned” Potts’ motorcycle. The South Florida motorcycle accident verdict awards $4 million to Potts’ widow Tracey and $2 million to each of his two daughters. $840,000 in estimated lost income was also awarded.

Drowsy Driving: Drivers who Fall Asleep Behind the Wheel Causes 1,550 US Traffic Crash Deaths and 71,000 Injuries a Year

November 9, 2010 | by David J. Halberg, Esq.

November 8-14, 2010 marks Drowsy Driving Prevention Week. According to the American Automobile Association Foundation for Traffic Safety, 41% of drivers surveyed have admitted to drowsy driving. Unfortunately, what many people fail to realize is that driving while tired is similar to driving while under the influence of alcohol. Impaired judgment, slowed reflexes, blurred vision, a foggy mind, and possibly drifting in and out of consciousness can be symptoms of both drunk driving and drowsy driving. Our Miami car accident lawyers have seen the catastrophic consequences that can arise when someone is exhausted or falls asleep while operating a motor vehicle.

The National Highway Traffic Safety Administration estimates that drivers who fall asleep while driving are responsible for 71,000 traffic injuries, 1,550 fatalities, and over 100,000 motor vehicle crashes in the US annually. Per the AAA Foundation’s new study, drowsy driving plays a role in 16.5% of deadly US traffic crashes.

Among the study’s findings:
• Young drivers, ages 16-24, were the ones most likely to fall asleep while driving.
• Men more than women were more likely to fall asleep while operating a motor vehicle.
• 26.1% of those who admitted to falling asleep while driving did so between the hours of noon and 5pm. The percentage was about the same for drivers who fell asleep between midnight and 6am.

According to the National Sleep Foundation, a person that risks drowsy driving takes the chance that he/she will fall asleep at the wheel. That said, some groups are at higher risk of drowsy driving. In addition to young drivers, other motorists who are potentially at risk of this dangerous driving behavior include:

• Shift workers
• Commercial truck drivers
• People with sleep disorders-especially undiagnosed ones
• Business travelers suffering from jetlag
• Tired travelers

One need only look back to the 2009 Miami tractor-trailer accident in Oklahoma involving a 76-year-old trucker who investigators say fell asleep at the wheel. The multi-vehicle chain reaction crash that he triggered killed 10 people and injured 6 others.

Study examines toll of drowsy driving, Washington Post, November 8, 2010
Study shows drowsy drivers behind the wheel, Los Angeles Times, November 7, 2010

Related Web Resources:
Driving Tired is Like Driving Drunk, US News & World Report

Related Web Resources:
Drowsy Driving Prevention Week, National Sleep Foundation (PDF)

Read the AAA Foundation’s Drowsy Driving Report (PDF)
Continue reading

Driver in Palm Beach County Car Accident that Caused the Death of 10-Year-Old Loxahatchee Girl May Have Been Drunk

October 12, 2010 | by David J. Halberg, Esq.

A Palm Beach County car accident early Sunday involving a suspected drunk has claimed the life of Khonil Louis, a 10-year-old Loxahatchee girl. Police say that Louis died from a severe neck injury.

According to deputies from the Palm Beach County Sheriff’s Office, Louis was riding in the backseat of a 2004 Honda when the vehicle she was in collided with a Ford F-250 pickup truck that was stopped. Deputies believe that the truck’s driver, West Palm Beach resident Mark William Bradley, may have been driving under the influence of alcohol. It is not clear whether Louis was wearing a seat belt at the time of the South Florida auto collision.

According to the National Highway Traffic Safety Administration, last year, alcohol was a factor in 770 of the 2,558 Florida traffic fatalities that occurred. Most drunk driving accidents that have happened could have been prevented if only motorists involved hadn’t been driving while inebriated.

In another recent South Florida traffic crash involving an alleged drunk driver, police say that alcohol was a factor in the Ft. Lauderdale motorcycle accident that claimed the life of Miami Heat Dancer Nancy Lopez. The 22-year-old died instantly when the motorbike she was riding was rear-ended by a Mercedes.

CBS4.com reports that the Mercedes’ driver, Mario Careaga, admitted to the police on the night of the Broward County, Florida traffic accident that he had consumed two vodka drinks. One cop noted that Careaga’s breath smelled of alcohol, his speech was slurred and his eyes were bloodshot. An investigation is ongoing.

Drunk driving can blur a motorist’s vision, impair perception, slow reflexes, fog the mind, cloud judgment, impact balance, and generally make it harder for the driver to detect danger, avoid becoming involved in a crash, or in some cases even realize that an accident is about to or has happened.

Girl killed in Palm Beach County crash, Orlando Sentinel, October 10, 2010
Miami Heat Dancer Killed in Motorcycle Crash, Miami NewTimes Blogs
Highlights of 2009 Motor Vehicle Crashes, Traffic Safety Facts (PDF)

Related Web Resources:
Mothers Against Drunk Driving

Florida Traffic Laws, DMV Florida Continue reading