Motor Vehicle Accidents

Pedestrian’s Arm is Severed in Ft. Lauderdale Car Crash Involving Bus Bench

November 24, 2010 | by David J. Halberg, Esq.

A 49-year-old pedestrian was seriously injured today when a vehicle that crashed into the bus bench he was sitting on severed his arm. The man was transported to Broward General Medical Center after the Ft. Lauderdale car accident.

In other South Florida traffic crash news, eight people were sent to local hospitals today after a Boca Raton SUV rollover crash on southbound Interstate 95. According to the Florida Highway Patrol, 18-year-old Javis Pace lost control of the SUV. Also injured were passenger Cliff Innocent, 19, Glenneisha Darkins, 18, Isnard Michaud, 18, Antown Wilson, 18, George Johnson, 25, Kenin Bailey, 18, and Quinisha Jones, 19. Most of them suffered serious injuries.

As we enter the holiday season, our Miami car accident lawyers want to remind you to drive safely. The Thanksgiving season is considered among the most deadly holidays of the year for motorists, with many people taking to the road to break bread and eat turkey with friends and family and/or go away for the long weekend. Speeding, drunk driving, or drowsy driving can take their toll during the holiday traffic rush or when coming home from a Turkey Day gathering. If you or someone you love is injured this weekend in South Florida because of another party’s negligence, do not hesitate to contact our Palm Beach injury law firm to request a free consultation.

Mother Files Florida Pedestrian Accident Lawsuit Against Alleged Drunk Driver Over Daughter’s Wrongful Death

November 17, 2010 | by David J. Halberg, Esq.

The mother of Kate Kohlier is suing the man accused of fatally striking her during a pedestrian accident for Florida wrongful death. Kohlier and Doug Kozar were walking across the Harbour Island bridge early on October 30 when they were hit by a car driven by Matthew R. Moye. Both Kohlier, 24, and Kozar, 23, died from their injuries. Another pedestrian, 47-year-old Joao Armando Fonseca Barbosa, broke his ankle has a struggled to get out of the speeding vehicle’s way. All three of them were walking to their cars after finishing their shifts at a local hotel when the tragic accident happened.

Moye, who is a 34-year-old Florida dentist, has been charged with two counts of driving under the influence manslaughter, two counts of vehicular homicide, and one count of DUI with injury. Moye may have been operating his vehicle at speeds of up to 90 mph.

Florida Pedestrian Accidents

$33.1 Million Broward County, Florida Car Accident Verdict Awarded To Man Who Now Has Quadriplegia

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

A jury in Florida has awarded Manos Milien $33.1 million for his Broward County car accident injuries. The 62-year-old became a quadriplegic after the 1996 Toyota Corolla that he was a passenger in was rear-ended by a 2004 Kia Sedona driven by Ponte Vedra Beach resident Wendy Whitney. The catastrophic South Florida car crash occurred on December 31, 2008 at around 2:40 am near Deerfield Beach on Interstate 95. Milien, who now lives in the Florida Institute for Neurologic Rehabilitation in Wauchula, cannot live independently and requires extensive nursing care.

Broward Circuit Judge Carol-Lisa Phillips is expected to readjust the amount of compensatory damages awarded to Milien down to $31.4 million. This is account for the fact that the jury found Milien 5% at fault for not wearing a seat belt at the time of the Florida car accident happened.

Spinal Cord Injury

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

Palm Beach Wrongful Death Lawsuit Against Polo Mogul John Goodman Can Proceed Even With Criminal Case Unresolved, Says Judge

November 3, 2010 | by David J. Halberg, Esq.

Circuit Court Judge Glenn Kelley says that the Palm Beach wrongful death lawsuit against polo club founder John Goodman can proceed. In issuing his ruling, Kelley denied Goodman’s motion to postpone the civil lawsuit until the criminal case against him is resolved.

Goodman is charged with vehicular manslaughter, DUI manslaughter, and leaving the scene of a crash in the Palm Beach County car accident death of Scott Wilson. Wilson died early on February 24 when his Hyundai Sonata was hit by Goodman, who ran a stop sign. The Palm Beach County Sheriff’s Office reports that Goodman’s Bentley convertible was traveling at about 28 mph above the speed limit when he struck Wilson’s vehicle. The impact of the collision caused Wilson’s auto to turn over into a canal. The 23-year-old then proceeded to drown.

Meantime, the polo magnate allegedly fled the Palm Beach County traffic crash site and did not notify police about the accident for close to an hour. Even hours after the collision, Goodman’s BAC was 0.177, which is two times the legal driving limit.

Belle Glade Man Awarded $720,000 Palm Beach County Truck Accident Verdict by Jury

October 29, 2010 | by David J. Halberg, Esq.

A jury has awarded Niven Anderson $720,000 for his Glades, Florida truck crash injuries. The Belle Glade store owner was injured in 2007 during a hit-and-run traffic crash.

Anderson had to undergo surgery for his back and neck injuries. Gypsum Express Ltd. and trucker Matthew Moore are the defendants of the Palm Beach County truck accident lawsuit.

Hit-and-Run Accidents

Miami Car Crash Severs Teenager’s Leg

October 21, 2010 | by David J. Halberg, Esq.

According to the Miami Herald, 17-year-old Palida Pongpluempitichai is at Memorial West Hospital recovering after a serious car accident caused her to lose part of her right leg. Doctors were unable to successfully reattach the leg after the Miami car crash and had to cut to above her knee.

The Florida injury collision happened on Wednesday as Pongpluempiticha, whose nickname is Monica, was giving a tour of Archbishop McCarthy High School to a group of eighth-graders from several Broward and Miami-Dade schools. The teenager was taking them to a bus when she was struck by a Toyota Corolla in the school parking lot. The driver of the car, Pembroke Pines resident Marie Baguidy, 71, was there to pick up her two grandkids when she lost control of her vehicle while backing up.

The auto accelerated and jumped onto the sidewalk. 15-year-old Aaron Herrera sustained a minor hand injury. Pongpluempitichai was flown to a Hollywood hospital. Several students saw the harrowing Miami pedestrian accident.

Catastrophic Injuries
As our Miami car accident lawyers have said in other blog posts, traffic crashes can result in catastrophic injuries that can be life-altering, costly, and even prove fatal. Examples of catastrophic injuries:

• Paralysis
• Paraplegia
• Quadriplegia
• Brain damage
• Coma
• Organ damage
• Crushed bones
• Head injuries
• Disfigurement
• Serious burns
• Traumatic brain injuries
• Spinal cord injuries
• Internal injuries
• Severed limbs

Someone with a catastrophic injury may have to undergo numerous surgeries and other medical procedures, take prescription medications, undergo physical therapy and other rehabilitation services, and/or require round-the-clock care. This can take a financial toll on the victim and his/her family and friends.

Parents of Archbishop McCarthy teen who lost leg in car crash describe their daughter’s ordeal, Sun-Sentinel, October 29, 2010
Service held for teenage girl in horrific crash, October 21, 2010
Prayer Service Held for Teen Whose Leg Was Severed in Crash, NBC Miami, October 21, 2010

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

2,558 Florida Traffic Deaths in 2009, Says NHTSA

October 8, 2010 | by David J. Halberg, Esq.

According to the National Highway Traffic Safety Administration, 2,558 people were killed in Florida traffic accidents last year. Alcohol was a factor in 770 of the fatalities. On one hand, these latest figures show positive progress. In 2008, NHTSA reported 2,980 Florida traffic fatalities-887 involving an alcohol-impaired driver. The number of Florida traffic deaths have gone down. That said, our Miami car accident law firm looks forward to the day when there are even less traffic injuries and deaths occurring each year in Florida.

Nationally, there also has been a decrease in motor vehicle traffic crash deaths and injuries. NHTSA reports that there were 33,308 motor vehicle fatalities in 2009-a 9.7% drop from the year before and the lowest number of deaths since 1950. Even the number of US motorcycle crash deaths went down from 5,312 fatalities in 2008 to 4,462 deaths in 2009.

More 2009 US Traffic Deaths and Injuries Facts:
• 2,217,000 traffic crash injuries
• 503 truck crash deaths
• 17,000 truck accident injuries
• 90,000 motorcycle crash injuries
• 4,092 pedestrian deaths
• 59,000 pedestrian injuries
• 630 pedalcyclist deaths
• 70,000 pedalcyclist injuries

US Transportation Secretary Ray LaHood says that the government is committed to making the roads safer.

NHTSA also has just released its 2009 Distracted Driving Fatality and Injury Numbers:
• 5,474 US distracted driving-related deaths
• 448,000 distracted driving-related injuries

Mr. LaHood has referred to distracted driving as an epidemic. Talking on the cell phone, texting, eating, playing computer games, fiddling with an iPod or stereo, surfing the Internet on a laptop, watching a movie on a portable DVD player, putting on makeup, and reading a book or magazine are just some examples of activities that people have been known to engage in while driving that have distracted them to the point that traffic crash injuries and deaths have occurred.

Although many states have imposed at least some (if not a full) restriction on texting and cell phone use, currently Florida has no such restrictions.

Distracted Driving 2009, NHTSA (PDF)

Highlights of 2009 Motor Vehicle Crashes (PDF)

Related Web Resources:
Florida Department of Transportation

US Department of Transportation

Distraction.gov
Continue reading

Palm Beach County Truck Crash Kills 8-Year-Old Bicyclist

September 8, 2010 | by David J. Halberg, Esq.

An 8-Year-old West Palm Beach school boy died this afternoon in a Greenacres, Florida truck accident. The Palm Beach County bicycle accident happened as Elian Rojas and his father were going home from school.

According to police, Elian, who was riding his bike, and his dad were on the sidewalk on Jog Road and getting ready to cross 13th Road South when a delivery truck hit him. As of Wednesday afternoon, it was not known whether the trucker is facing criminal charges. Investigators are trying to determine exactly what happened.

Our West Palm Beach personal injury law firm wants to remind you that if you or your loved one was seriously injured in a South Florida car accident, you must explore your legal options as soon as possible. Although Florida requires that all motorists carry Personal Injury Protection (PIP) coverage, some injuries are so serious and costly that you will need to file a Palm Beach injury lawsuit against the responsible motorist and any other liable parties. Also, the opportunity for your Palm Beach injury lawyer’s team to examine vehicle and road damage while the evidence is still fresh, as well as talk to witnesses while the accounts are still vivid in their minds, can prove invaluable to your case.