Jacksonville Personal Injury Lawyer - Automobile Accidents

Gov. Crist Supports Texting Ban This Legislative Session

Eddie Farah — Fri, 20 Nov 2009 00:04:32 GMT

Florida Gov. Charlie Crist has come out with a Legislative wish list for 2010.

He clearly stated he is in favor of a ban on texting while driving this year, adding new momentum for the state Legislature to finally adopt some legislation when they meet in the spring.

At a Cabinet meeting the governor even prodded the head of the Department of Highway Safety and Motor Vehicles to also support a ban. But she stopped short of giving her full support. “We support limiting texting and driving” Julie Jones said.

For too long the cell phone industry has had its way with Floridians, but that is beginning to change. Jones told reporters that she senses there is a shifting intolerance in public opinion for texting, largely because of the number of fatal accidents.

While Florida has no officially tally on those who have died from texting while driving, the best estimate is that 15 were killed and 1,400 injured by distracted drivers in 2008. Those estimates are probably low since the Florida Highway Patrol is just beginning to note on accident reports when distractions contribute to an accident.

More than a dozen bills have been filed for consideration this March. Sen. Carey Baker, R-Eustis has filed two of them. “I think this year, something’s going to pass” he said.

Florida this year has a chance to join 14 states and the District of Columbia that already ban texting while driving. It's time for Floridians to move into this next year with a recognition and a resolve to make the roads safer for all of us.

Originally posted at InjuryBoard by Eddie Farah

Party House Mom Facing Two Counts of Manslaughter

Eddie Farah — Sun, 15 Nov 2009 23:01:09 GMT

Her lawyer had argued that Diane Katz Santarelli should not be charged with two counts of manslaughter after hosting an open house drinking party that preceded the death of two teens in an auto crash.

But Friday, St. Johns Circuit Judge Wendy W. Berger, refused to dismiss manslaughter charges against Santarelli, 51, saying her action “set in motion a chain of events” that ended January 11 with the deaths of Jesse Calvin Pitts, 18 and Taylor Rae Brennan, 17.

The two St. Johns County teens were leaving a party at the Santarelli home when friends say they were too drunk to get behind the wheel of a 1991 Ford Thunderbird. With Pitts driving, the car veered off State Road 13 near Orangedale and hit some trees, bursting into flames. Both teens died. Pitts’s blood alcohol level was 0.18, more than twice the legal limit.

Santarelli’s attorney says that allowing someone to leave your home intoxicated does not merit a manslaughter charge, and her defense will be that the kids arrived at her house already intoxicated.

But prosecutors say Santarelli allowed, provided, or encouraged minors to drink alcohol at the house party and smoke marijuana, and they say there were a number of parties held prior to this one with Ms. Santorelli present.

Florida Statute 856 says no person who controls a residence shall allow an open house party to take place where minors, under the age of 21, are consuming alcoholic beverages or drugs. Violators can face up to 6 months in prison, unless there is a death. The law imposes a duty of care on the social host to take some reasonable action to prevent anyone under the age of 21 from drinking.

Santarelli is facing two counts of manslaughter, four counts of hosting an open house party and one count of contributing to the delinquency of a minor.

Her pre-trial date is scheduled for December 1. #

Originally posted at InjuryBoard by Eddie Farah

Florida Tops List For Pedestrian Deaths

Eddie Farah — Sat, 14 Nov 2009 23:53:48 GMT

A 42-year-old St. Augustine, Florida woman was killed Friday night after authorities say she walked in front of a moving car.

Glenadine Harding was crossing Florida 207 when she was hit by a Honda sedan about 6:20 p.m. The driver was identified as Jill E. Scott, 55 of St. Augustine.

In a separate accident about an hour later, a man was hospitalized with life-threatening injuries Friday night after he was hit by a car in Northwest Jacksonville at West Moncrief Road near Raines Avenue, waiting for the traffic to clear when he suddenly darted into traffic where he was hit.

Then on Tuesday, a pedestrian was struck and killed by an SUV at the rain-drenched intersection of North Main Street near 53^rd Street. The Times- Union reports the man’s relative identified him as 51-year old James “Jimbo” Hall who didn’t have a car and walked everywhere he went.

Florida has four of the five most treacherous metropolitan areas for walking and is the most dangerous state in the U.S. for pedestrians.

That is the conclusion of the Pedestrian Danger Index, used when assessing the risk of walking in urban areas. Orlando, Tampa, Miami, and Jacksonville, and their surrounding areas, were the top four hazardous cities, followed by Memphis. The top 10 is rounded out with Raleigh, Louisville, Houston, Birmingham and Atlanta.

According to the Florida Highway Patrol, in 2005 there were 576 pedestrians killed in the state, nearly 8,000 crashes that injured pedestrians and 8,626 pedestrian crashes.

The milder weather of Florida weather encourages people to be outside at least nine months of the year in areas that seem to have automobile-oriented development and high-speed cars.

Nationwide 9,000 pedestrians were killed in collisions with cars in 2007 and 2008. At least 70,000 more were injured. Many of those killed were 15 or younger.

This sort of survey puts the burden on metropolitan planners to design communities where people can walk safely.

The safest metro cities that have taken strollers into consideration are Minneapolis-St. Paul, Boston, New York, Pittsburgh and Seattle. #

Originally posted at InjuryBoard by Eddie Farah

25-Year-Old Loses Life In I-95 Explorer Rollover

Eddie Farah — Sun, 01 Nov 2009 21:27:55 GMT

It seems like we are reporting on these Ford Explorer rollover deaths on a weekly basis. Now there has been another.

A 25-year-old Orange Park woman lost her life on I-95 Saturday.

The Florida Highway Patrol reports that Kathleen Lugo was heading south on Interstate 95 in Flagler County when she lost control of her 1999 Ford Explorer SUV and crashed Saturday afternoon around 3:15 p.m. Lugo reportedly tried to pass slow traffic and when she moved to the shoulder of the road she lost control and rolled several times. Not wearing her seat belt, Lugo was ejected from the Explorer and taken to Halifax Hospital where she was pronounced dead. No one else ws injured.

Our condolences go out to the family of this young woman who has left us all too soon.

In 2002, Ford installed a fully independent rear suspension in the Explorer and Mercury Mountaineer leading to more stability to the Explorer which has a high center of gravity and a tendancy to roll.

In 1999, Explorers involved in rollover had non-independent rear suspensions and many of the tires were found to be defective. And in May 2000, the National Highway Traffic Safety Administration (NHTSA) contacted Ford and Firestone about the incidence of tire failures and separating tread in Explorers, Mountaineers and the Mazda Navajos with Firestone tires.

An accident investigator will need to be involved in this case if there could be a cause of action concerning a faulty tire as well as any defects in the Explorer or in dropoff in the pavement along the side of the interstate which may have caused Lugo to lose control of the vehicle as there are still many unanswered questions here.

The one thing that is not unanswered is that seat belt use saves lives. It is now the law in Florida and young drivers have the worst record in using seat belts.

Fortunately in 2009, the second generation of Ford Explorers built from 1995 to 2005, had five among the seven top spots traded in the “Cash for Clunkers” program, with the 1998 model at the top of the list.

That’s little consolation to the family of Kathleen Lugo, but it may mean that one less person loses their lives in these notoriously unstable vehicles. #

Originally posted at InjuryBoard by Eddie Farah

St. Johns County Chamber Joins With AAA To Get Serious About Texting

Eddie Farah — Sun, 18 Oct 2009 23:14:28 GMT

The government estimates that there are 5,800 deaths caused by distracted motorists.

St Johns County Sheriff’s officer, Col. Art May says he is seeing them more and more. Often it presents as a swerving car. In the past, he would have pulled the driver over, assuming they were DUI.

These days, more often than not, he quickly ascertains that the person is sending a text message causing the vehicle to swerve.

May says he has seen a sharp increase in the number of people texting and driving. So have others in the county – one reason the county’s Chamber of Commerce has become the first chamber in the state that has pledged to ask all of its member companies to sign a safe-driving pledge that their employees will not text and drive.

AAA Auto Club South originated the idea with support from the St. Johns Sheriff’s Office.

Taking a stand is not often something you see business doing. But Chamber President, Robin Burchfield, says it’s part of their involvement in the community.

All chambers in Florida will be asked to join in the effort and AAA plans to turn it into a competition to see which chamber can get the most businesses to sign the pledge.

The goal goes beyond keeping our roads safer. Florida remains one of the few states with no laws banning texting or talking on a cell phone while driving. Once again in 2009 the state Legislature failed to pass any legislation.

AAA says it will be a priority for 2010.

No doubt the fact that President Obama sign an executive order banning the nations three million federal employees and military from texting while driving has helped drive the message home, unfortunately so do the number of people killed on our roads.

Florida needs to catch up with the rest of the nation by restricting this dangerous activity while behind the wheel, and do so fast!

Originally posted at InjuryBoard by Eddie Farah

Separate Incidents Kill Two Elderly Drivers

Eddie Farah — Sun, 11 Oct 2009 22:44:00 GMT

A question we often get in Florida is - how old is too old to drive?

This generally comes from the adult children of elderly drivers who are concerned that they may be liable if they don't take their elderly parents car keys away. No, they cannot be held liable unless they own the car. But there is the nagging knowledge that they should help their parent make this important transition in life.

Not to discriminate against our elders, certainly there are young people who don’t drive safety, but a couple of cases this week bring the question into sharp focus.

Grace H. Ross, 90, was driving south on Eulace Rd in Jacksonville around 11 a.m. Tuesday when she turned left onto Timuquana in front of a semi driven by 33-year-old Patrick P. Mowry. Ross was taken to Shands Hospital and pronounced dead. Her 94-year-old passenger, Dennis M. Ross suffered serious injuries, according to the Florida Highway Patrol.

Everyone was wearing their seat belts and the driver of the truck was not hurt.

In another accident, everyone was wearing their seat belts too. Margaret M. Wolosin, 88, of St. Augustine tried to turn onto U.S. 1 when the driver’s side of her car was hit by an oncoming pickup truck. Wolosin died after being taken to Flagler Hospital. The truck driver and his passenger were both treated for non-life-threatening injuries.

We are so sorry for the loss of these two women. This sort of accident can happen to anyone at any age of course. In fact, the Florida’s Department of Highway Safety and Motor Vehicles reports the 2008 crash statistics show that the crash rates for people over the age of 65 are lower than for people under the age of 40.

What can adult children do? Someone with an unsafe parent driver can confidentially report them to the department. In 2008 there were 7,677 referrals in all. The state can ask someone to take an eye exam or a medical exam. Or the person could be asked to retake the driver test. Younger people can be reported too, but generally seniors are the ones reported.

Oftentimes, the elder driver will realize they need to give up their license, even though we live in a car culture and it puts them at a distinct disadvantage. Loneliness, isolation and depression can accompany the decision to give up a license. Our communities are not set up to accommodate someone without a car, and Americans have a different approach to caring for elders than the Europeans do.

If someone you know needs a ride, give them one. It’s as simple as that. After all, if you are lucky, one day you'll be there too.

Originally posted at InjuryBoard by Eddie Farah

Overloaded SUV Rolls And Kills 8-Year-Old boy

Eddie Farah — Sun, 04 Oct 2009 12:33:00 GMT

An eight-year-old boy was killed Saturday when an SUV, fill with kids going to a church event, rolled on I-95.

The single-vehicle crash occurred 4:45 p.m. near the Volusia and Flagler county line. The ten children onboard were members of a church choir from Orlando heading to Jacksonville.

Once again, the vehicle that rolled was a Ford Explorer, and once again we are hearing that a rear tire blew, forcing the driver to lose control and overturn. The front two passengers were wearing seat belts. No word on where the boy was sitting, but he was the only one killed.

Three young people were airlifted from the scene.

This story is reminiscent of the Explorer SUV rollover in June that killed four high school students. The vehicle was overcrowded, with 11 passengers in this overcrowded Explorer, there were just not enough seat belts for all of the young passengers. That means it’s very likely someone will exit a window in a rollover.

A rear tire blew in both accidents. Did overloading cause stress on a worn tire? Since the passengers were 10 children, it's unlikely that weight played a role, but not having seat belts for all passengers certainly did. With a third seat, a Ford Explorer SUV can carry eight passengers at most.

Then there is the issue of the Ford Explorer SUV. The year of this vehicle is not mentioned, but before the 2006 model, stability control was not an added feature. A high center of gravity, a bad tire, an overloaded vehicle, and not enough seat belts to go around is a very bad combination all around and a young boy had to pay with his life.

We are very sorry for the loss of this young boy and send our prayers to his family and friends. #

Originally posted at InjuryBoard by Eddie Farah

Two Die After Collision With School Bus

Eddie Farah — Wed, 30 Sep 2009 22:44:40 GMT

Children at a Clay County elementary school are trying to cope with the deaths of two people who were in a car that collided with a school bus.

The Florida Highway Patrol reports the car ran into the back of a school bus filled with kids returning home Tuesday afternoon. Among the dead, Elisabeth Brantley, 19, who was driving the Pontiac four-door when it rear-ended the bus and then caught fire.

The bus, carrying 22 students from Middleburg Elementary School, was slowing to make a left turn. The students, ages 10 to 12, were okay except for minor injuries. “We were just grateful that none of our children were seriously injured,” said the Middleburg Elementary School Principal Becky Wilkerson.

Also in the front passenger seat was 48-year-old Paul Bruchesky who also died when the Pontiac literally went under the back of the bus. Samantha Brantley, 16 was in the back of the car and received non-life threatening injuries. Everyone in the car was wearing a seat belt, but from the look of the car after the accident, that didn’t matter.

The crash happened at the intersection of Hall Boree Road and Blanding Boulevard in southern Middleburg.

A Good Samaritan came along and used his pickup truck to push back the car from the school bus to keep the bus from catching fire. He left the scene and FHP does not have an identity.

There isn’t a week that goes by when we don’t write about distracted drivers and obviously, with no skid marks on the road, something kept this young driver from paying attention to what was ahead of her.

The first thing investigators will do is check the cell phone records of all calls and texting involved. Next thing to consider will be road conditions, whether there was rain or some obstruction or glare that prevented the driver from seeing ahead of her. Was there speed involved and were both parties following the rules of the road?

Several people from the area say that intersection is a death trap because you come upon it so fast after a hill and a blind spot in an area where people already speed and there are no lights. Expect some adjustment to the signals in that area very soon.

The story is evolving as we learn more. Those who have written to add to the story on News4Jax.com say that Elizabeth was driving the two passengers to participate in a Special Olympics bowling alley to practice. Her sister Sam, who sat in the back, had Down syndrome as did the man in the front seat. Elisabeth wanted to be a special education teacher. Several people have commented that she is not the type to text and was probably distracted by someone in the car.

Our hearts go out to the victims of this tragic accident and their families. #

Originally posted at InjuryBoard by Eddie Farah

Teen Mother And Unborn Baby Killed in Pickup Crash

Eddie Farah — Thu, 24 Sep 2009 15:09:27 GMT

A Westside Jacksonville family is grieving and making funeral plans for a 19-year-old woman and her unborn baby who died in a collision between two pickup trucks Tuesday afternoon.

Eight people were in the two trucks when they collided in the westbound lane of Normandy Boulevard just before 5 p.m. A pregnant 19-year-old, Virginia Nicole Liming, was riding in the bed of the pickup truck traveling east on Normandy Boulevard, according to the Florida Highway Patrol when theblue truck made an illegal turn into a mobile home park and collided with a red truck going west.

Liming was riding in the back of the blue truck and was ejected when it turned in front of the other at the intersection with Parrish Cemetery Road a quarter mile from their home. Flowers mark the spot where the accident occurred.

She was seven months pregnant and the baby was lost as well. Liming’s one-year-old was in the truck in a car seat sitting next to Liming’s brother, Jack, who threw himself over her during the collision. Neither was seriously hurt. Charles said he got on top of the baby during the crash to protect her.

Three others were also hurt in the crash as well as a four-year-old in the second vehicle. Everyone was wearing their seat belts. The Florida Highway Patrol says charges are pending.

In Florida, it is unlawful for anyone to ride on the exterior of a vehicle such as a bumper or hood, but it is not illegal to ride in the back of a pickup, if you are at least 18. Minors are supposed to ride in the back only in secure seating with restraints.

Our hearts go out to Virginia's family. Many people would consider a short ride home in the back of a pickup acceptable and it is legal if you are over 18. But we can see from this case, how unwise it can be. #

Originally posted at InjuryBoard by Eddie Farah

Florida Teens Rally Against Texting While Driving

Eddie Farah — Fri, 18 Sep 2009 00:09:34 GMT

By now we’ve all seen the video on YouTube than aired on British television. The public service announcement should be seen by all teenagers who are close to the driving age, or presently behind the wheel.

A warning – it is a gruesome, up close and graphic look at the inside of a car during an accident. It is not for the faint of heart. Parents may want to watch it first. But it is real and everyday drivers distracted by texting are doing exactly what the teens in this video are doing – texting and not paying attention.

Now a group of Florida teens from the small town of Parkland, Florida (population 24,000) in Broward County are rallying against texting while driving. After seeing the British public service announcement, as well as other videos of texting drivers and the accidents they cause, these teens are donning white t-shirts that carry an anti-texting message.

And they’ve taken their campaign to city hall to convince the city commissioners to ban texting while driving in their town.

Wisely, the teens know it is kids who influence other kids, so sophomores, who are just getting their driving permits, have had the most influence on other kids.

"Before we started this project, my friends and I had no idea that texting was the most dangerous thing to do while driving," said student Michael Ross.

And other kids are listening, especially when they see an actual video of a bus driver texting before a crash.

A new study from Virginia Tech finds that dialing a cell phone is three times riskier than a non-distracted driver. But the study shows nothing is riskier than texting – which presents 23 times the risk when compared to a non-distracted driver.

Florida is a state that has failed to adopt any bans on talking on cell phones while driving or texting. Legislators have tried, but the phone lobby is a powerful one.

Thankfully, we have a group of thoughtful teens that have done what our legislature has been unable to do. #

Originally posted at InjuryBoard by Eddie Farah