Jacksonville Personal Injury Lawyer - Automobile Accidents - Most Popular

New Policy For Beach-Driving Leaves Public Vulnerable

Eddie Farah — Fri, 29 May 2009 00:09:47 GMT

We reported earlier this month about a Jacksonville Beach police SUV that accidentally ran over a woman who was sunbathing. She was in very critical condition and is just now able to speak.

The professional musician, 41-year old Ann Marie Giffin was pulled out from under the SUV semi-conscious and bleeding from her head. Our prayers are with her for a speedy recovery.

The shocking nature of that accident has Jacksonville Beach police rethinking its policy of allowing patrol vehicles on the beach. After a review of beach-driving policy by lifeguards, police, and emergency crews up and down the beach, Mayor Fland Sharp ordered a review of beach-driving policy. As it stands now:

All newly hired employees and contractors must receive training on beach driving and safety
Current employees and vendors will have to receive refresher training on beach driving
Drivers will be required to maintain distance from the public and drive at a safe speed
Drivers will be required to walk around a vehicle in a counter-clockwise direction before turning around. Witnesses say the SUV turned around on Giffin, likely increasing her injuries. The fact that the officer was making a U-turn on an incline also makes it less likely that he would have seen Giffin.

An investigation shows Officer Lewis Keller did not see Giffin and that he was driving slowly. However a laptop computer on a stand in the vehicle may have partially blocked his view.

Yet the obvious problem of poor visibility is not addressed in the new policy guidelines. Weren’t officers supposed to be trained and drive carefully before this happened?

Florida allows different cities to regulate beach driving as they see fit. Even Daytona Beach, famous for its beach driving, has some limits on how close vehicles may be allowed to come to natural areas where birds and turtles have their nests.

Options adopted elsewhere are complete bans on beach driving, limiting the hours of beach-driving, or allowing only Segues, scooters, or ATV’s which would offer more visibility to an officer.

Ms. Giffin, an accomplished pianist who has performed with the Jacksonville Symphony Orchestra, will take a long time to heal from her spinal cord and head injury and will have extensive medical and rehabilitative expenses for which the city must realize its responsibility.

Does Jacksonville Beach really think that training officers to drive the beach more carefully is enough of an adequate change to protect the public?

Jacksonville Beach Mayor Fland Sharp had said with all of the vehicles driven by lifeguards, trash collectors, and public works vehicles, he’s surprised this hasn’t happened before.

Without any new substantive policy change, it is likely it will happen again. #

Originally posted at InjuryBoard by Eddie Farah

The Big Trial Charade

Steve Watrel — Sun, 12 Feb 2012 14:11:37 GMT

Personal injury trial lawyers deal with some curious laws as a result of insurance industry sponsored statutes that stack the deck in their favor. One of these is the so-called “Non-Joinder Statute” (Florida Statute section 627.4136) which says it is illegal for an injured person to sue the at-fault party’s liability insurance company as a defendant in a lawsuit. The law only allows an injured person to sue the at-fault party even though the at-fault party is covered by a liability insurance policy.

This law, together with others, prohibits jurors from knowing anything about a defendant’s liability insurance company including how much coverage they have. The premise of this law is that if jurors knew about liability insurance, they would give the injured person much more money for compensation. This is a questionable premise at best and based upon an old jury research study.

The reality is that a defendant’s liability insurance company controls all aspects of the defense of the at-fault party including choosing the defense lawyer and making the ultimate settlement decision. The defendant merely goes along for the ride relying on the company’s good faith in handling the case. Losing a personal injury case is not a huge concern for many insurance companies because they have billions of dollars at their disposal to defend cases.

The unfairness of the law is this: Jurors absolutely want to know if the defendant has liability insurance. When they are told by the court that it’s none of their concern, they may conclude there's no insurance and may actually compensate less which is unfair to the injured person. Jurors are human and want to know if their ultimate verdict could financially impact a defendant.

It’s a challenge for the injured person and their attorney to navigate around this issue at trial without running afoul of this law. If the word insurance is mentioned or if it’s disclosed the defense lawyer is employed by the insurance company, it’s a mistrial and the case will need to be retried at great expense. If the issue of insurance is not disclosed, jurors may believe there’s none at all and be very cautious with their verdict.

Unfortunately, there’s no chance that this law will be struck down or taken off the books anytime soon because it's one of the insurance industry’s crown jewels. So, the charade continues.

Steve Watrel is a personal injury trial lawyer in Jacksonville, Florida. His website is www.stevewatrel.com.

Originally posted at InjuryBoard by Steve Watrel

I-10 Westbound Reopened After Fatal Auto Accident

Eddie Farah — Sat, 23 Feb 2008 23:20:44 GMT

I-10 has reopened in the westbound direction after a fatal accident involving a semi truck Saturday morning closed two lanes.

It appears the rain may have been the cause. A semi being driver by 47-year old Steven Stoff began moving counter clockwise as he was changing lanes.

He lost control and the semi truck flipped in the middle of the interstate. Killed was his passenger, 44-year-old Laura Buelow.

And the rain may have contributed to another accident a bit down the road on the 295 exit. Florida Highway Patrol has not released any information on the victim there.

Originally posted at InjuryBoard by Eddie Farah

Speeding Public Officials Face Charges After Fatalities

Eddie Farah — Sat, 09 May 2009 00:44:48 GMT

They are sworn to protect the public, but instead these individuals are being charged with endangering it.

Criminal charges will be filed against a Jacksonville Sheriff’s officer and a Jacksonville Fire Rescue district chief. Both men were involved in speeding incidents that left two elderly men dead, in separate incidents.

We’ve reported on one incident - the case of 86-year-old Matthew Ogden Jr. who was broadsided by a JSO police car driven by Officer Marcus Kilpatrick last January. Ogden was killed at the scene by the speeding officer who was in pursuit of another motorist who reportedly had tinted windows.

Witnesses say the emergency lights weren’t even on when Kilpatrick slammed into Ogden’s truck at about 60 mph after he had been speeding at 100 mph.

In the other crash, District Fire Chief Adrian Johnson is facing charges of culpable negligence after a November crash with a car driven by Howard Corrigan, 75. In that case too, police say Johnson did not have a siren on. No word on who or what he was pursuing.

Kilpatrick is also facing culpable negligence charges as well as charges that he lied during an investigation.

We are sorry for the loss of both of these men.

The law allows both officers to face charges that are misdemeanors. And while they can carry a jail time of up to one year, the State Attorney’s Office is saying that jail time may not be appropriate in these cases.

Just what should the punishment be for killing two people? What would be the punishment for one citizen hitting and killing another?

With at least 400 estimated deaths from police collisions across the U.S. (and some say that might be double), Voices Insisting on Pursuit Safety, and the Orlando-based advocacy group, Pursuit Watch, say enough is enough.

Both of these groups were formed after someone they loved was killed by a police vehicle, Candy Priano lost her daughter Kristie, who was killed in the back of the family minivan on the way to her high school basketball game by a police car in pursuit, and John Phillips of Orlando, lost his 20-year-old sister Sarah when a cruiser hit her car traveling 70 mph.

Phillips has helped Orange County develop one of the most responsible and restrictive pursuit policies in the nation which sometimes means there is no chase. Its adoption follows a similarly restrictive policy by the Orange County Sheriff’s Office in the fall of 2003.

Sometimes police forget their job isn’t to catch a bad guy but to protect the public.

The State Attorney's office is showing incredibly bad judgment here by letting two individuals skate. If anything they should be held to a higher standard of public safety than the rest of us, not a lower one. #

Originally posted at InjuryBoard by Eddie Farah

Drinking Age Should Stay 21

Eddie Farah — Thu, 06 Nov 2008 17:14:00 GMT

The National Highway Traffic Safety Administration is releasing new data that shows that keeping the drinking age laws at 21 prevented an estimated 4,441 drunk driving deaths over the last five years.

NHTSA was responding to a national movement among colleges to turn back the drinking age to 18. After all, the argument goes, we sent 18-year-olds to die in Iraq, why not allow them to drink and take away the stigma of doing something “illegal”?

It is a youth issue that defies logic. Kids who aren't thinking straight at 21, aren't suddenly going to become more responsible at 18.

Mothers Against Drunk Driving (MADD) headed a symposium on the issue. MADD says that “Turning our back on these laws would be a deadly mistake. Minimum drinking age laws are among the most effective measures ever used to reduce drunken driving deaths among America’s young people.”

Auto accidents remain the leading cause of death for teenagers. Having laws and enforcing the laws as well as enforcing the rules of the parents is the best course at this time.

Enforcing a ban on texting and talking on the cellphone will go a long way toward the problem of teen deaths behind the wheel. A new software called DriveAssist from Aegis Mobility Inc., is aimed at stopping teens from talking on the cell phone while driving.

The Aegis Mobility software blocks inbound calls and text messages when it determines that the cell phone is within a moving vehicle.

Nobody said parenting was going to be easy, but a little technology might help.

Originally posted at InjuryBoard by Eddie Farah

Florida House Bill 427 Bad for Small Business

Steve Watrel — Thu, 26 Jan 2012 10:44:15 GMT

The Florida Legislature began its session this month. As usual, the main focus is promoting the agenda of the insurance industry and big business. You would think that at a time where many residents are unemployed or underemployed, our legislators would focus on jobs and stimulating the economy.

One of the many industry-written bills is House Bill 427, named "Civil Remedies Against Insurers." This bill will radically change a long-standing body of law protecting insureds, such as small businesses and individuals, from the "bad faith" conduct of their insurance company when a claim is made against them.

If this bill becomes law, insureds will have no control over how claims against them are handled by their insurance company and will bear all the risk if the insurance company acts in bad faith in the handling of the claim.

Here's an example: Assume a local business in Jacksonville, such as a drycleaner, uses a driver to make deliveries and that driver is speeding, runs a red light, and seriously injures someone causing a million dollar of damages (e.g., trauma center bills, rehab bills, loss of income, etc.). The business owner, who only has a $ 250,000 liability policy, may beg their insurance company to settle the claim to avoid personal liability if the claim is not settled and it goes to a jury trial. If the insurance company says no, and tries to "save some money off the limits," and a jury later finds the claim is worth a million dollars, it's the business owner who will have to pay the $750,000 excess amount, not the insurance company even though the business owner wanted to settle the claim. Basically, if this law is passed, the insurance company is free to gamble with the insured's money and livelihood but has zero consequence if they don't want to settle even though they clearly acted in bad faith.

So, if this bill becomes law, small businesses and individuals will need to buy a heck of a lot more insurance coverage at great expense or risk "losing it all" if a serious injury or death occurs and its their fault. Or, they can cross
their fingers and hope that the no serious claim ever arises.

The current law on bad faith is fair to both insureds and insurance companies and has worked well for many years. The current law has not prevented bad faith, not by a long shot, but it does provide for accountability for those insurance companies that chose to act in bad faith. This is the real reason the insurance industry wants to change the law.

Originally posted at InjuryBoard by Steve Watrel

REAL ID Driver's License Coming To Florida

Eddie Farah — Fri, 19 Sep 2008 22:59:00 GMT

Beginning in October, Florida drivers will have to obtain a nationally compliant drivers license called Real ID.

This is controversial because it moves us one step closer to a national ID card, many believe will give government more control over our lives, while taking authority away from states.

The change will mean longer lines at motor vehicle because more documentation is required. The cost will go up too.

After October 1, drivers will have to present proof of a Social Security number, with a passport or birth certificate, along with the old license. The purported reason by the Department of Homeland Security is that it will make it more difficult for someone to get a fake driver’s license or to steal someone else’s.

But the American Civil Liberties Union disagrees that it will make the country any safer, while it has the potential to concentrate power in the hands of fewer, violate the privacy of Americans and discriminate against immigrants.

A computer network that can be accessed by the DMV, by any federal or state agency make it easier for anyone to steal your personal information. Senator Bill Nelson supports Real ID as long as social security numbers can’t be stolen. Rep. Corrine Brown opposes it because of the potential for abuse.

States can refuse to follow federal requirements, but run the risk of having state residents barred from a planes or buildings. #

Originally posted at InjuryBoard by Eddie Farah

Two Charged In Teen Car Crash In Ocala Fly-In Community

Eddie Farah — Wed, 04 Jun 2008 22:40:44 GMT

Last January, five young men in an expensive car, took a fast ride on a runway in an exclusive fly-in community in Ocala, Florida before crashing and killing everyone in the car.

The fly-in community of Jumbolair Aviation Estates is the same place where actor John Travolta lives and flies in to park his jet in central Florida.

About 3:45 in the morning on a Saturday, the five young men, ages 18 to 20, left a party and piled into a 2008 BMW. As the car sped 120 mph toward the end of the runway, it skidded and flew off the end of an 85-foot embankment, became airborne and struck a large tree.

The car split in half and three of the five young men were ejected. All were killed at the scene. The boys came from communities around north Florida including Jacksonville.One young man was on the football team at Jacksonville University.

Five young lives extinguished in one moment.

Now two women have been killed in connection with the accident.

It turns out all five young men had been at a nearby house party. Police say thedriver, Joshua Ammirato,18, of Fairfield, did not have alcohol in his system, and neither did three of the other young men. But, just the same, police are charging Jolane McAlister with providing alcohol to underage drinkers at the party. She cannot be charged with causing the accident, if alcohol did not play a role, but itis illegal to serve minors.

And now the 20-year-old daughter of Jumbolair’s owner has turned herself into authorities, charged with making a false statement to law officers who investigated the tragedy. She is reported to have told officers that she didn’t attend the party and was asleep when the accident occurred. But witness say she was not only there but may have let the boys sneak into the pool party at a house near Runway 36.

Thayer’s boyfriend, Issac Rubin, who died in the car, did have a blood alcohol level of .103.

In the police report, tests show four the five didn’t have alcohol in their systems, but that doesn’t mean they did not consume alcohol earlier in the evening. Authorities say driver, Ammirato was a “health nut” and took care of himself and likely did not consume any alcohol.

Thayer is facing a first-degree misdemeanor punishable by a year in jail and a $1,000 fine.

Expect the Florida Highway Patrol to file more charges in connection with this tragedy that just didn’t have to happen.

Originally posted at InjuryBoard by Eddie Farah

Floridians Get Three Moving Violations Then Lose License

Eddie Farah — Fri, 24 Jul 2009 23:51:18 GMT

A new law in Florida should send reckless drivers back to driving school. Beginning January 1, any driver who is convicted of three moving violations that led to a crash during a three-year-period will lose their license.

It could happen for offenses such as reading a newspaper while driving 65 mph to work, or texting while driving, anything that takes your attention off of the road and leads to a crash.

Once that happens, the motorist will be able to get their license back after they pass a $500 education course and pay another $48 to take and pass the driver’s test.

And the clock doesn’t start ticking on January 1. Moving violations from 2008 and 2009 will also be considered, according to the Florida Department of Highway Safety and Motor Vehicles.

How many times have you wished there was a refresher course for some drivers, especially the ones who follow too closely behind, text and talk on the phone and pass on the right in your blind spot?

3,277 motorists have been identified as being involved in at least three accidents since 2006 and are already in line for the course. 372 of those drivers are from Jacksonville, about the same number as from Miami-Dade which has three times the licensed drivers.

Why our numbers are so high in North Florida is a mystery.

According to the state, highway fatalities have dropped to an eight-year low with traffic-related fatalities on roadways decreasing 7.4 percent to 2,983 last year. This is the first time there have been fewer than 3,000 traffic deaths in Florida since 2000.

But the Jacksonville crash numbers are still troubling. #

Originally posted at InjuryBoard by Eddie Farah

Florida Enacts "Three Crash" Law To Educate Bad Drivers

Eddie Farah — Wed, 13 Jan 2010 15:16:39 GMT

About 1,000 Floridians should expect to soon be sent back to the classroom because of bad driving.

A new law in Florida mandates that drivers who are at fault for three crash-related moving violations over a three-year period go back to the classroom to refresh their education about the need to drive safely.

At a cost of $548.00, drivers will have to complete a 16-hour educational course within 90 days or face losing their license.

The clock actually began ticking two years ago and those drivers who have had two crash-related violations are being notified. Before the new law was enacted, a 4-hour educational online course was necessary for those committing two accident-related moving violations over a two-year period.

Private driving schools will oversee the education and it is more stringent than the online courses of the past. It includes four hours of behind-the-wheel testing.

"In an effort to make our roads safer, those who display a pattern of poor driving ability or judgment will be required to complete a driver improvement course," DHSMV Executive Director Julie L. Jones said in a news release. "The new law is designed to modify the behavior of some of our worst drivers."

During the 36-month period that ended December 31, 2008, there were 3,277 Florida drivers with three or more at-fault crashes, including drivers from nearly every age group. One driver was at fault in five crashes, while another was convicted of 86 violations.

Just how many accidents do you have to cause to lose your license to drive permanently? #

Originally posted at InjuryBoard by Eddie Farah