Jacksonville Personal Injury Lawyer - Auto Accidents

Teen Faces Nine Charges in Fatal Wreck

Eddie Farah — Fri, 28 Aug 2009 12:37:00 GMT

Friday night's exhibition football game was a sad one for some parents of students at Ed White High School in Jacksonville. Four teenagers, who were part of a group who cut school on the last day, and died in a wreck, were remembers by the entire school in attendance. The parents of the four students were told to attend.

Our hearts go out to the parents of the children, who clearly had a tough time attending the game, but were grateful their children are remembered.

As for the driver, 15-year-old Brandon Hodges, that day in June is one he will never forget.

Hodges is facing four counts of driving without a license in the deaths of a four of his friends who were killed when his SUV blew a tire and wrecked. Hodges is also facing four counts of driving without a license causing serious bodily injury, and careless driving. That is a total of nine counts, eight of which are felonies.

On the last day of school in June, Hodges piled into a 1997 Ford Explorer SUV along with eight other students for a day at the beach. The group was on I-295 when a tire blew, flipping the Ford and throwing out all eight teens. Hodges was the only one wearing a seat belt. After the teens flew out of the vehicle, four of them died.

Police say that Hodges was going about 70 mph when the car rolled and he did not have a license to drive. Killed in the crash were 15-year-old John Kiely, 15-year-old Kimber Krebs, and 17-year-old Dennis Stout. Erin Hurst, 15, died two weeks later at the hospital.

The mother of John Kiely says she will ask for mercy for Hodges, while the mother of Dennis Stout told WJXT-TV that she will feel relieved because Brandon should not have been behind the wheel.

In an exclusive interview with the Florida Times Union after he was charged, Brandon Hodges says he felt the left rear tire separate causing the car to pull strongly to the right then roll after it drifted into the grass off the right emergency lane. The Ford Explorer has a history of rolling, especially the older models with no stability control. His attorney says he has no responsibility for the tire blowing out.

If the vehicle had an old tire or one of the faults Bridgestone/Firestones that came with the vehicle, or if the family bought a replacement tire that was not as advertised, there may be some legal weight to Brandon’s defense.

About the only thing he was doing right that day was wearing his seat belt. Hodges said in the interview that he put it on while he was driving because he had a feeling he needed to. #

Originally posted at InjuryBoard by Eddie Farah

Construction Worker Painting Lines Hit, Killed By SUV

Eddie Farah — Wed, 12 Aug 2009 14:59:10 GMT

People who work on our roads often wear brightly colored neon vests and helmets. That is what 37-year-old Cary Fraser was wearing, but it didn't help him to be more visible to a driver of an SUV Tuesday morning.

The Nissan Xterra, driven by 42-year-old Michael O’Hara stopped after hitting Fraser, but it was too late, he died at the scene. This accident happened around 11 a.m. when visibility should not have been a problem. Fraser worked for Superior Construction and was painting stripes on the J. Turner Butler Boulevard ramp to I-95 north when he was hit.

Our condolences go out to his wife and family for this senseless loss and to his team members for the loss of a valuable member. Co-workers blog on channel 4 that Fraser was very safety conscious and made sure everyone paid attention to their surroundings. It is people like Fraser who make our lives easier on the roads.

Fraser and his wife had just moved into their Southside apartment two weeks ago. FHP investigators say the driver of the SUV stopped afterward, but what exactly happened that led to this accident remains under investigation. Ultimately charges could be filed.

Drivers are known to travel at excessive speeds through the area. 70 to 80 miles per hour is not uncommon, even though construction zones generally have clearly marked “Reduce Speed” signs of 45 mph. One driver remarks that he faces honking horns and a driver even spit on his car when he slowed around a construction site.

The American Automobile Association reports somewhere between 25 to 50 percent of all motor vehicle crashes have a distracted driver as their root cause.

In Florida, the Legislature has enacted Florida Statute 316.079 - which essentially says drivers have a duty to yield to highway construction workers.

"(1) Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flagperson engaged in maintenance or construction work on a highway whenever the driver is reasonably and lawfully notified of the presence of such worker by a flagperson and a warning sign or device.

(2) Every driver of a vehicle on public roadways shall yield the right-of- way to an escort vehicle or pedestrian flagperson that is engaged in the management of highway movements of an oversized vehicle permitted pursuant to s.316.550, provided the driver is reasonably and lawfully notified of the presence of such vehicle or flagperson."

If we want better roads, this project was part of the $14 million Better Jacksonvile Plan, we need to respect those who make it happen.

Originally posted at InjuryBoard by Eddie Farah

Jacksonville - Most Crashes In Florida In 2008

Eddie Farah — Wed, 08 Jul 2009 23:12:48 GMT

Just how are we doing as a state in regard to highway fatalities? A new report issued from the Florida Highway Patrol compiled crash data from around the state for 2008.

Unbelievably- Jacksonville was the top city for the number of crashes in Florida, even topping Miami by about 50 percent. There were 14,000 crashes in Jacksonville in 2008. Taking in accident cases all of the time in our law firm, we can only guess why that might be. People are very aggressive drivers around here, and add talking on a cell phone, texting and other distractions and it is not entirely surprising. Also, about 60 percent of traffic fatalities result from people not wearing their seat belts.

There is good news to report. There were 2,983 traffic fatalities on Florida’s roads in 2008, down from 3,221 the year before. This is the first time there have been fewer than 3,000 fatalities on Florida’s roads since 2000. Alcohol-related crashes declined six percent during the same time period. Still, drunk driving contributes to about 40 percent of traffic accidents.

Even motorcycle accidents that led to death declined by 3.3 percent but have still climbed steadily over the past decade. Pedestrian fatalities were down by 5.3 percent from 2007 to 2008 but pedestrian injuries and crashes went up more than four percent.

Teen deaths declined almost 17 percent and teen passengers’ deaths declined almost 29 percent.

20 to 24 year olds have the most accidents per 10,000 licensed drivers at 4.24, while 65 to 69 year olds are the safest at 1.24.

Even 90-plus-year-old drivers have fewer accidents than teens and twenty year olds at 2.37 per 10,000. Maybe our elders have something to teach youngsters about the rules of the road. #

Originally posted at InjuryBoard by Eddie Farah

Mom Sentenced In Wreck That Killed Son

Eddie Farah — Wed, 13 May 2009 22:46:24 GMT

A Jacksonville mother has a long time to think about that day in March of 2008.

She was speeding on a rain-slicked road, with her nine-year-old son in the car. Police estimate she may have been traveling in excess of 90 mph when she lost control of her car and hit a tree. Her son, Michael, was killed.

This week Darlene Johns was sentenced to 30 months in prison and seven years probation during which time she will not be allowed to drive.

We extend our condolences to both of Michael's parents and family for his loss.

According to the sentencing guidelines, the 32-year-old could have spent up to seven years in prison after pleading guilty to vehicular homicide. Vehicular homicide is the killing of a human being, “caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

Instead, Circuit Judge Michael Weatherby ordered seven years of probation, essentially cutting her some slack. The sentence was shorter than Michael’s father’s family had requested, but the guidelines are just that, a guideline.

Darlene John’s sister said she was a good mother who would have given her own life for her son.

Carlene Deen told the media, "My sister does not deserve to go through what she's going through. She has the loss of a child. She has another child at home she will be without. She does not deserve what she's going through." #

At Farah and Farah, we see the tragic results of traffic accidents every day. Speeding is never worth the price.

Originally posted at InjuryBoard by Eddie Farah

Florida's Motorcycle Deaths Drop Slightly, Still Tops Nation

Eddie Farah — Sun, 01 Mar 2009 00:28:00 GMT

An Elkton, Florida man slid his motorcycle into the back of another vehicle last Tuesday evening in St. Augustine.

He was flown to Shands-Jacksonville in critical condition. Brandon C. Marlow, 22 was not wearing a helmet, which is allowed in Florida if you are an adult with adequate insurance.

According to the Florida Highway Patrol, Marlow was trying to avoid a vehicle when he forced the bike down, then slid in to the vehicle.

Marlow was lucky. Jerry Williamson, 42, died in February when he crashed his Harley-Davidson into a Cadillac that turned into his lane in St. Pete Beach.

Benjamin Mower died last month in Florida. He crashed his motorcycle into a car turning into his lane. He was 19-years-old.

If you are in a wreck in a motorcycle you are 35 times more likely to die than in an accident involving a vehicle, according to government statistics.

And Florida tops California and Texas for the number of motorcycle deaths – 489 in 2008.

Maybe it is because of the price of gasoline or more people without jobs, but the number of motorcycle deaths was actually higher in 2006 – 521 and 2007 – 517 deaths reported.

“We don’t have an explanation,” said Courtney Heidelberg of the state Department of Highway Safety and Motor Vehicles to the St. Petersburg Times.

There may be something to attribute to the “Ride Proud. Dress Loud” campaign statewide that encouraged motorcycle riders to dress in brightly colored clothes to increase their visibility. Also the state got more serious about safety by requiring all bikers to pass a basic safety course to get a license. Many who die do so without the proper license.

Mix motorcycles and car, and the motorcycles always lose, no matter who is to blame. #

Originally posted at InjuryBoard by Eddie Farah

State Farm Plans Its Exit From Florida

Eddie Farah — Sat, 14 Feb 2009 22:32:17 GMT

State Farm is one step closer to pulling its property insurance policies out of the state. Florida’s Insurance Commissioner Kevin McCarty indicated the insurance giant should go and soon.

“We do not believe that they can maintain trustworthiness and fitness to continue to do business in Florida.”

This messy exit is due to State Farms’ claims that it is operating close to the red and cannot cover 1.2 million policies if a major hurricane were to hit the state. McCarty says State Farm Florida, the state’s property insurance division, must surrender its license to operate within 30 days.

As for the policy holders, State Farm will be required to help them find private policies and not to throw them into the Florida backed Citizens Insurance pool of last resort. At this point it’s uncertain if Citizens could even keep up with all of the policies it has if disaster was to strike.

However, State Farm wants to stay in Florida in the lucrative auto policy business which serves some 2.8 million customers.

As a final exit plan, State Farm Florida must pro-rate refunds to policyholders, according to McCarty. All of this is not yet a done deal.

State Farm can take the next three weeks to decide whether it can abide by these requirements or not, but it’s apparent that the state would like to get rid of State Farm as much as it wants to leave the state. #

Originally posted at InjuryBoard by Eddie Farah

Trucking Regulations Will Keep Drivers On The Road Longer

Eddie Farah — Sat, 10 Jan 2009 15:17:23 GMT

It was an eleventh hour rule by the Bush administration that does not keep us safer on the highways. The administration in its waning days has decided to finalize rules on just how long truckers can stay behind the wheel.

The Federal Motor Carrier Safety Administration rule allows drivers of big-rigs to work for up to 14 consecutive hours, including 11 behind the wheel. They must rest ten hours between shifts and may not work more than 60 hours in a week.

If a driver takes a 34-hour break, they can then restart their weekly tally.

The older regulation limited driving time to 10 hours, but also cost the trucking industry an estimated $2.4 billion a year.

The Insurance Institute for Highway Safety has shown that there is an increase in crashes after 8 to 10 hours of driving. The courts have already rejected the rules twice but that didn’t stop the Bush administration which finalized them.

Trucking accidents killed almost 5,000 people last year- mostly people in cars not trucks. And federal records show there were more than 400,000 large trucks involved in accidents in 2007.

The trucking industry says the rules, which have essentially been followed for the last few years, have resulted in fewer accidents. On the other side of the issue is the International Brotherhood of Teamsters, Public Citizen and the Truck Safety Coalition, a group that focuses on cutting down on truck accidents.

The groups filed a petition for reconsideration of the rules on December 18^th.

Public Citizen even challenged the rule in 2004, citing the government’s own studies that show performance behind the wheel declines after eight hours.

Other studies show that performance does not decline if there is adequate rest in between. More definitive testing is needed, and studies not funded by industry – on exactly how much rest is needed between trips.

The incoming administration may revisit and even overhaul the rule. Otherwise trucking companies may be able to order drivers to work grueling hours that put us all in jeopardy. Public Citizen accurately calls them “rolling sweatshops.”

We have seen too many accidents involving big-rigs that people never recover from physically or financially. Let’s keep sanity on our highways. #

Originally posted at InjuryBoard by Eddie Farah

72 Car Safety Awards Highlight U.S. Automakers

Eddie Farah — Fri, 28 Nov 2008 23:17:00 GMT

If you happen to be car shopping, you’ll want to visit the Top Safety Picks from the Insurance Institute for Highway Safety (IIHS). The list for 2009 has more domestic cars that ever before. 72 vehicles are on the list, double the number from last year.

“The sheer number of this year’s winners indicates that automakers have made huge strides to improve crash protection,” said Institute president Adrian Lund.

Ford and its Volvo subsidiary are now at the top of the annual list of safest vehicles. Together they won 16 awards. Ford, which had experienced years of unstable SUV Explorers that tended to roll, has now equipped them with electronic stability control (ESC) which makes the vehicles much more road worthy in sudden turns.

When a driver is about to lose control of the vehicle, ESC senses it and automatically applies brakes to individual wheels. That way the vehicle is kept stable and avoids a rollover. It also helps motorists avoid skidding across ice or, when swerving, to avoid hitting an unexpected object in the road or a tree.

While it used to be found only on high-end vehicles, ESC is now standard on about three-fourths of passenger cars in the 2009 year. Having ESC was mandatory for a car to qualify for the award.

Honda and its Acura subsidiary came in second with 13 mentions.

Chrysler was at the bottom of the list with not a single mention. The main problem plaguing Chrysler was its head restraints that could have been improved according to IIHS. Chrysler could have picked up five awards if head restraints were improved.

The awards help drive the direction of auto design and safety technology. IIHS pressure is credited with making side head curtain airbags standard on even the most inexpensive models.

Many believe the IIHS has safety testing that is even more difficult than government testing standards which are supposed to protect people from front, side and rear crashes.

Take a look at the list from IIHS.

At Farah and Farah, we see so many auto accidents that result in rollovers and deaths. It’s good to see the auto industry doing so well in building safety into domestic vehicles. That should translate into lives saved. #

Originally posted at InjuryBoard by Eddie Farah

Support National Salvage Vehicles Database

Eddie Farah — Tue, 11 Nov 2008 16:50:22 GMT

Every try to buy a used car? About as much fun as going to the dentist.

Not to disparage dentists, or the used car industry, but it can be very tricky. The used car stuff that is.

Vehicles that have been totaled, flooded, fire-damaged, sold and re-sold several times over, and even stolen have been salvaged, repaired and sold to innocent buyers across the nation. People will have the car fixed up and sell it to get it off their hands. Forget regulation at this time.

In 1992, Congress tried to remedy the lack of oversight by passing a law calling for a nationwide database that would give people shopping for cars and trucks information about used vehicles.

The National Motor Vehicle Title Information System is a good idea. In September, a call went out to consumers concerning the Proposed Rules, which must be submitted on or before November 21, 2008.

So far the Department of Transportation and the Department of Justice have failed to implement the database, putting consumers in danger of compromised unsafe vehicles and safety features such as airbags that don’t work.

The database would allow consumers to instantly check the validity of a vehicle’s title, mileage and history of theft or damage. The data would have to be reported by insurance companies and junk and salvage yards. Failing to do so, Public Citizen the consumer group, has gone to court to find the federal government in violation of the 1992 law.

It would help consumers such as Jed Faulkner of Farmville, VA. He and his son bought a used 1999 Ford Ranger pickup truck from a local dealer. When they went to trade in the truck they found it had been totaled and owned by 11 people between 1999 and 2003.

People had just lied about the vehicle in the past to pass on the problem to others.

Minus a database- definitely have a used car checked by a mechanic. Try to buy a car with a warranty; avoid “as is” purchases – even if it’s a limited warranty. But read the details of any warranty to be clear on what exactly is covered and not covered.

If the dealer claims their service shop has done a 146-point inspection, review exactly what they inspected, what they found, what they fixed and/or replaced, and if anything is under warranty from this inspection.

To get a vehicle history, you can visit www.vehix.com however this is not a complete history. And lastly, talk to friends and get recommendations to good auto dealerships.

Bottom line, don’t buy a used car without doing your homework. It may take a little time, but it will be well worth it in the long run – not just for your pocketbook, but for the safety of you and your loved ones. #

Originally posted at InjuryBoard by Eddie Farah

Antilock Brakes On Motorcycles Might Save Lives In Florida

Eddie Farah — Thu, 23 Oct 2008 14:32:37 GMT

The Insurance Institute for Highway Safety finds that antilock brakes on motorcycles could save lives.

Antilock brakes are installed in cars and trucks. Typically they are found on touring bikes and a limited number of motorcycles. They add a cost of about $1,000.

Without them, riders who need to stop their bikes abruptly can lock up the wheels or fishtail. The Insurance Institute found that equipping motorcycles with them resulted in a 38 percent lower crash rate.

The Institute studied eight motorcycles with antilock brakes and found there were 6.6 fatal crashes per 10,000 registered motorcycles without antilock in 2005 and 2006. The bikes with antilocks had a 4.1 per 10,000 fatal crash rate.

A second study found antilock brakes reduced collision claims by 21 percent.

"Even though adding antilocks won't make motorcycling as safe as going by car, it's something manufacturers can do to reduce the risk of traveling on two wheels instead of four," said Adrian Lund, president of the Insurance Institute for Highway Safety.

The causes of most motorcycle crashes still need study.

Nationally, more than 5,000 riding motorcycles died last year. A decade ago that number was 2,294. Motorcycle registrations have nearly doubled during the time periods.

The addition of ABS might help slow the soaring death rate of bikers in Florida that spiked after Gov. Jeb Bush signed a law in 2000 that repealed the state’s mandatory helmet law.

Florida exempted adult motorcyclist and moped riders from wearing helmets providing they have medical coverage of $10,000. This resulted in an estimated 48 percent increase in motorcycle rider deaths the following year, and a jump of more than 81 percent in the three years after the repeal took effect according to NHTSA.

In Florida from 2006 to 2007, more than 16 percent of all traffic fatalities were motorcyclists. 521 lost their lives, as well as 29 passengers of motorcycles, according to the Division of Highway Safety and Motor Vehicles.

In July 2008, a new Florida law requires every motorcycle rider to take a safety course before they start using the road.

Florida paid a high price for relaxing safety, despite the increased ridership. The addition of ABS can only help reduce deaths on bikes, among pedestrians and on the roadways.

Originally posted at InjuryBoard by Eddie Farah