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Police investigating a double fatal crash in Altamonte Springs say an elderly woman confused the gas and brake pedals as she approached a busy intersection.

Witnesses later told reporters they watched in horror and helplessness the woman was traveling approximately 60 mph when she plowed into a line of vehicles stopped at a red light. As a result, authorities say, a father and his infant child were killed. The child’s mother is in critical condition, as are two others. Additionally, three other people were injured and had to be transported to the hospital, though their injuries are described as non-life-threatening. In all, five vehicles were damaged. The elderly woman was not injured.

Cases like this are heartbreaking on so many levels. The majority of older adult drivers practice safe habits behind the wheel and would never want to hurt anyone. However, the physical reality of aging means that there are risks posed by some older drivers that put others in serious danger. Those include things like:

  • Deteriorating eyesight
  • Diminished hearing
  • Reduced reflexes
  • Declining cognitive function/ dementia onset
  • Increased likelihood of medications that may cause drowsiness or impairment

Continue reading →

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Even with Florida’s no-fault auto insurance system, it’s common for those injured in a traffic accident to file a lawsuit against the at-fault driver or other responsible parties. This occurs when damages and costs for injuries exceed a certain amount.

Occasionally, it becomes necessary for crash victims to take legal action against close friends, relatives or even spouses.

That whole notion strikes nerve with people, many of whom insist they don’t want to be in a court battle with someone they love. However, what’s important to keep in mind is these actions are truly not personal. Rather, taking this route is sometimes the only way a person who is injured can recover the necessary insurance benefits to which they are entitled. But individuals can’t sue an insurance company directly for an insured’s wrongdoing. Insurers are only added to the action later, once liability has been established. Continue reading →

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The grandfather of a young woman who suffered severe and permanent brain damage when her mother’s vehicle was struck by a train has won his bid for a new trial in South Carolina.

In Stephens v. CSX Transportation, plaintiff sued the railroad company and the state department of transportation, alleging the railroad company was negligent in failing to sound the train’s horn far enough in advance of the crossing and for failure to remove trees and other vegetation that obstructed the driver’s view of the track. With respect to the state department of transportation, he alleged there was a negligent failure to properly inspect the railroad crossing, and further that stop signs and the stop line were installed at improper locations.

Jurors in the first trial found in favor of defendants, and the appellate court affirmed that judgment. However, the South Carolina Supreme Court reversed, finding portions of the judge’s instructions to jurors were erroneous and adversely affected plaintiff. Continue reading →

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A federal appeals court sided with a plaintiff in a trucking accident lawsuit, after defendants appealed trial court’s denial of motion for a new trial. Defendants alleged trial court erred in admitting evidence of medical bills, as well as refusal of sanctions for spoliation of evidence after the victim underwent back surgery before undergoing an independent medical exam.

However, the U.S. Court of Appeals for the Fifth Circuit affirmed trial court’s denial of a new trial in Guzman v. Jones, finding the court did not abuse its discretion.

According to court records, the case arose from a motor vehicle accident involving a truck that was driven by one defendant (trucker) and owned by another (trucking company). Plaintiff sustained personal injuries as a result. Continue reading →

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A 27-year-old British tourist vacationing in South Florida was killed recently in a hit-and-run. Witnesses say the BMW that struck him was traveling at upwards of 100 mph. The driver reportedly got out of the vehicle after the collision and fled on foot, leaving three female passengers inside the car. Police are still looking for that driver.

Authorities say the tourist, who is an airline worker vacationing with a friend, was using a zebra crosswalk on Collins Avenue in Miami Beach when the collision occurred.

A witness later told The Daily Mail it appeared as if the driver was traveling up to 100 mph. The impact of the collision was so forceful, the victim ended up nearly 100 yards away from the point of impact. Continue reading →

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A new report released by the Governors’ Highway Safety Association reveals that drug use by drivers is a significant and growing concern among traffic safety advocates.

This is particularly true as a growing number of states (23) have approved marijuana for medicinal use and four for recreational use, while others have significantly relaxed criminal sanctions against possession. Plus, the rates of prescription drug abuse has increased substantially, considering the number of painkillers dispensed nationally has quadrupled in just the last 16 years. Just from 2007 to 2014, the number of drivers who tested positive for marijuana or illegal drugs rose from 12.4 percent to 15.1 percent.

So while the incidence rate of drunk driving has declined significantly, the rate of drugged driving is climbing. In fact, the percentage of drivers killed in car accidents who tested positive for drugs is 40 percent. That’s about as many as tested positive for alcohol. And a recent annual roadside survey conducted by the National Highway Traffic Safety Administration found 22 percent of drivers tested positive for at least one medication or drug. Continue reading →

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In Florida, it is possible to collect for negligent infliction of emotional distress following a car accident, but it is not as simple as suffering emotional harm. In order to collect compensation for such damages, plaintiff must suffer a discernible physical injury.

One of the exceptions noted is what other jurisdictions refer to as the “relative bystander test.” This requires the plaintiff to suffer a physical injury caused by the psychological trauma of witnessing, seeing or otherwise being involved in some way to the event causing negligent injury to another to whom plaintiff has a close personal relationship.

The case of Clifton v. McCammack recently dealt with the issue of negligent infliction of emotional distress under Indiana law. That state is one of those that refers to the exception as the “bystander rule.” There are three circumstantial factors that must be met in order for plaintiff to succeed in a claim for negligent infliction of emotional distress. One of those three factors is “direct involvement” in the incident. Continue reading →

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If a person is seriously injured or killed as a result of the negligence of another, the injured person or surviving loved ones can seek damages in civil court. There are two types of damages: Compensatory and punitive.

Compensatory damages are those meant to indemnify a person for a particular loss or injury. There is no special process for obtaining these damages, as they are intended to replace what was lost. Punitive damages, on the other hand, are supposed to punish a defendant for grossly negligent acts and to deter similar behavior in the future.

Punitive damages are not available in all cases, as F.S. 768.72 points out. Requests for punitive damages have to be approved by the trial judge, and there has to be evidence of gross negligence, such that there was a lack of disregard for human life or safety, a lack of care by defendant who was consciously indifferent to it or intentional violation of the victim’s rights. Continue reading →

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One minute, the sweet, bubbly toddler girl was playing in a garden in an open air mall with her older sister and nanny. Seconds later, she darted into the roadway, presumably to go play in a fountain outside a hotel across the street from the garden.

Tragically, a 25-year-old driver struck the little girl, resulting in fatal injuries.

Now, her parents, in Washington state, are taking action against the shopping center. They allege the garden, which was designed for play by preschool age children, violated a number of safety guidelines intended to protect small children where such designated play areas are located near streets and when there is no fence or gate to fully close it in. Continue reading →

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A beloved and talented musician from Venezuela was killed in an Orlando pedestrian accident recently while chaperoning a group of children on vacation.

Grammy-Nominated DJ Luis Borges was staying with a group of children whom he and other adults were chaperoning at a hotel near Lake Buena Vista. He and one of the chaperons decided to walk to a nearby grocery store to stock up on food. The two adults loaded up their carts at a local grocery store, pushed the carts back to the hotel, unloaded the food and then walked back to the store with the carts to return them.

Around 12:35 a.m., it was raining heavily and Borges was reportedly walking in the road. A 42-year-old man driving on Lake Street says he never saw the pedestrian before striking him. There were no street lights and Borges was not in a crosswalk. The driver did remain at the scene until troopers arrived. Neither alcohol impairment nor speeding is believed to have been an issue, and no criminal charges are expected. Continue reading →

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