Jacksonville Personal Injury Blog

Evidence of the Gulf oil spill have been found in Pensacola in the panhandle where about 100 tar balls were found on an area beach Wednesday, May 26. Testing will show if it is from the Gulf of Mexico oil spill. Meanwhile an Escambia County official told local Channel 4 that more than 1,000 similar tar balls have been found in Florida and tests have shown that none of them were from the oil rig explosion. A News4Jax article reports that they came from chunks of asphalt from roads, pieces of charcoal or oil from ships. In fact, oil washes up on Florida shores hundreds of times a year, but right now they are being watched more closely than ever as the nation waits and watches BP continue to foul the states that border the Gulf.

Estimates are already in that the British Petroleum (BP) spill is worse than the Exxon Valdez oil spill in Alaska in 1989 that spilled nearly 11 million gallons when a tanker ran aground.

Florida oil spill lawyers and citizens throughout the state are concerned about the devastating consequences of this spill on not only a financial level in terms of economic loss, but also in terms of the environment and the condition of resources for future generations. Scientists, trying to calculate the spew so far, estimate about 504,000 to one million gallons a day are being excreted into the Gulf waters. If that’s the case, about 18 million gallons have leaked so far or more. Jeremy Symons of the National Wildlife Federation says, “BP has unleashed an unstoppable force of appalling proportions.” Previously, BP had said that just over 200,000 gallons a day were spilling. Thursday evening BP resumed pumping something called drilling mud into the gushing well in an effort to stop its flow. It could be weeks before we know if it has worked.

Then comes the needed part of attributing blame to where it belongs – BP- for failing to have a remote-controlled shut-off mechanism that was never required by BP! For about $500,000 BP could have installed an acoustic trigger that uses sound waves to close the catastrophic failure valve on the seabed floor. Instead of spending that amount, BP is spending $6 million a day and has caused billions in destruction to four or five states.

There is a longstanding problem with automobiles that most people are not aware of that was recently discussed in a MyFoxLA report in Los Angeles. When you are rear-ended, even at a low speed, you are thrown backwards. You expect your car seat to hold you, but beneath the plush seating, most car seats have a frame that is no more stable than an aluminum beach chair. Under federal regulation 207, the chair seats do not have to be any more structurally sound than that, although some auto manufacturers choose to make car seats stronger, such as Mercedes and Sebring.

What can happen is that the car seat breaks from the frame in a rear-end collision and collapses straight back. The story talks to Jacqueline Romine who was thrown backward in a rear-end collision. Her head went into the back seat and she broke her neck in four places. She is now a paraplegic. Stephanie Collins was rear-ended and her head went back into the chest of her 9-year-old daughter killing her by tearing her aorta.

95% of all vehicles on the road all have the defect - the weakness of the frames and gears in car seats – because they meet the NHTSA regulation 207. The cost to fix the seats- about $5 to $6 dollars a car say safety experts. If you or a loved one has been injured in a front seat collapse you would be well-advised to consult with a Florida car defect injury attorney to determine if the car you were riding in had a defective seat that could so easily have been fixed.

A Sarasota, Florida man has been awarded $14 million after a Miami-Dade jury decided that the asbestos he inhaled caused his abdominal cancer, according to a Miami Herald report. William Aubin, 59, worked in his family’s construction company in Key Biscayne in the 1960s. Asbestos fibers, made by the chemical giant Union Carbide, were used then to make joint compounds. Union Carbide sold the asbestos to Aubin Construction and Aubin’s attorney argued that the product was not adequately labeled as containing asbestos.

The jury found the Union Carbide was negligent for selling the asbestos fibers to Aubin Construction. Aubin eventually developed peritoneal mesothelioma which is a rare and usually fatal cancer of the lining of the abdominal cavity and organs. Another Florida man was awarded more than $24 million by a Miami-Dade jury when he contracted the same illness.

Mesothelioma is usually caused by exposure to asbestos and most people who develop mesothelioma have worked in jobs where they were exposed to asbestos particles or dust. You can even increase your risk by being exposed to dust from the washing of clothes of a family member who worked around asbestos. Symptoms include chest pain shortness of breath and fatigue and wheezing.

The jurors also found that the compound manufacturers, among them Georgia-Pacific, shared in some of the responsibility. This verdict will be appealed in that delay and deny is part of the game. Aubin may never see a dime. And for the executives in charge who made decisions for the company at the time, they suffer no personal or civil losses. Instead, shareholders in the company suffer the losses. If you or a loved one has worked around asbestos knowingly or not, it may be necessary to preserve your rights and contact a Jacksonville injury lawyer if you are suffering the symptoms of mesothelioma.

Have you ever driven a BMW where the airbags deploy on their own? If so, you may be eligible for joining a class action lawsuit if you or a loved one have been injured by a defective airbag. A Washington state couple is leading the class action lawsuit after the airbags on the 2000 BMW 323i deployed without warning. The driver was seriously injured. Dori Richardson was driving her BMW in February on a clear roadway with no bumps or potholes when the driver’s side airbags inflated. Richardson suffered “serious internal, orthopedic and head injuries, from which she has not fully recovered” says the complaint. This is not the first time the luxury automaker has had problems with airbags. In 2002, BMW recalled and 1999 and 2000 3-Series models warning the airbag could deploy when they hit potholes or curbs at substantial speed. The solution was to recalibrate the central air bag control.

200,000 cars were recalled by BMW in August 2008 for the opposite reason - the front passenger airbag did not deploy even in a severe accident. An updated sensor was added to the passenger seat. The problem comes from a design defect and seeks economic damages and non-economic damages in an amount to be determined at trial. Among other things, the lawsuit seeks loss of consortium and companionship on behalf of Richardson’s husband. Consumer Affairs has a list of contributors who talk about the problems they have experienced with the BMWs. Florida car liability lawyers know that if you have had a problem with an airbag, you may have a potential defective product lawsuit against the manufacturer. Auto manufacturers are responsible for designing and creating vehicles that are safe and do not pose danger to innocent motorists.

Business Week is reporting that 11,500 Lexus vehicles are being recalled because of a steering problem. The recall includes about 3,800 vehicles sold in the U.S. Look at models LS 460, LS 460 L, LS 600h, LS 600hL as the models all included by Toyota Motor Corporation of Japan. The problem, as reported by a number of consumers, is that the car wheels do not return to the original position quickly enough following a turn. Toyota believes the problem is mechanical as well as software-related. The automaker has been plagued with recalls and rumors and fines. It just paid a record $16.4 million for failing to initiate a recall over a sticky pedal the company knew about for at least four months since September 2009. The recall was finally issued in January of 2.3 million vehicles.

The National Highway Traffic Safety Administration (NHTSA) reports there were three deaths and seven injuries due to the 4Runner SUVs and T100 and Hi Lux compact pickups because of faulty steering rods. Most recently, Consumer Reports issued a “Don’t Buy” recommendation because of an electronic stability problem in the 2010 Lexus GX 460. The magazine has since lifted that warning after an adjustment was made to the electronics of the vehicle.

The Sienna minivan had a problem spare tire carrier cable that tended to rust out in states that use ice to makes roads more passable in the snow. 600,000 vehicles were involved. The Sequoia 2003 model year is subject to a recall of 50,000 vehicles because of a traction control problem. And NHTSA is now going back two years to examine the 68 consumer complaints coming into Toyota from vehicle owners. If you or a loved one has had a problem with a Toyota vehicle, you must bring your problems to the attention of NHTSA, to the dealer’s attention and it would be well-advised to alert a Florida auto defect injury attorney to determine if your vehicle has been involved in the many recalls involving Toyota.

The party house mom’s trial has wrapped up in St. Augustine, Florida, according to a News4Jax article. In the first prosecution of its kind, Diane Santarelli, 52 is on trial for two counts of manslaughter in the deaths of two teens who left her home after drinking and drugs. She is also facing one count of hosting an open house party and one count of contributing to the delinquency of a minor.

The defense rested its case on Thursday, May 20 in regards to the Florida drunk driving crash. During the trial, two of the teens at a January 2009 party, Jessy Pitts, 18, and Taylor Brennan, 17, left the party in a 1991 Ford Thunderbird. The car was northbound on S.R. 13 when it left the road, hit a guard rail and trees and then caught fire. The two teens burned to death. Pitts was found to have a blood alcohol concentration of .18 - more than twice the legal limit. The teens were Bartram Trail High School students and members of Celebration Church.

The defense had argued that few in attendance of the January 2009 party were invited guests, but a teen testified for the prosecution that Pitts, Brennan, and others were invited for a “ManFest” January 11, by Santarelli’s daughter while Ms. Santarelli’s husband was out of town. The defense also tried to convince jurors that Pitts had been consuming alcohol before the party.

One teen on the stand testified he saw Santarelli taking shots with Pitts. Another teen testified she saw the adult woman smoking marijuana. A receipt proved that Santarelli made a run to a nearby liquor store. Santarelli’s attorney tried to show that she didn’t encourage kids to drink or do drugs and that she was concerned about how they would get home.

Santarelli‘s case is precedent setting. It is the first time a person has been charged in the state with manslaughter after hosting a house party for teens where drugs and alcohol were available.

Florida social host laws have generally applied to businesses. A bar that serves an underage drinker is breaking the law and a person can be charged with a misdemeanor of the second degree. For a misdemeanor of the second degree, state law defines the imprisonment not to exceed 60 days under Florida law 775.082.

But when the social host is serving alcohol at home, they can be liable for accidents and injuries that occur after the party where alcohol and drugs were served to minors. The liability has never before extended to a manslaughter charge. No matter how wrong this woman was to serve alcohol to minors and encourage partying at her house, we are a country of laws and the law just isn’t there. In this case, she is facing up to 31 years in prison.

The latest report is that scientists predict millions of gallons of crude oil, already in the Gulf of Mexico, could hit the Florida Keys by this weekend, according to a News4Jax report.

Though no one knows how much, it is possible that the oil already spilled can get caught in something called the loop current, which is a ribbon of warm water originating in the Gulf and wrapping around Florida up on the Atlantic side. A University of Miami oceanographer says it’s only a question of when oil in the loop that would bring it to the Keys and beyond that would hurt wildlife and coral reefs. The Florida Keys National Marine Sanctuary draws millions of tourists every year who snorkel, fish and replenish the state’s economy. If the oil continues further up the loop it could even travel as far north as Miami, Fort Lauderdale and Palm Beach. The oil is not expected to go north of Cape Canaveral before it becomes more diluted and is carried out to sea.

So far about 2 dozen tar balls up to eight inches wide have been found off Key West, undoubtedly contributing to growing concern among residents in Florida. A lab analysis will show their origin. This weekend BP, British Petroleum, lowered a stopper and tube to siphon off some of the oil with some success. The tube is funneling more than 42,000 gallons of crude oil into a tanker ship from the doomed well. That represents about 20% of what is gushing into the Gulf each day. Millions of gallons remain in the Gulf and some of the oil found under the sea where researchers report a miles-long plume could suffocate sea life and last for a decade or more. Florida oil spill economic loss attorneys are concerned with the accumulation of damages amidst various homeowners and businesses throughout the state and will stay informed on the most recent events as they unfold.

BP or British Petroleum has said it will pay all “legitimate claims” from the oil spill in the Gulf. But BP’s liability is capped at $75 million. Considering all of the potential “legitimate” claims, it is clear that $75 million will not be sufficient for now and certainly not for down the road as subsequent claims for damage comes in.

Some claims will be able to quantify immediately. If the fishing industry can show their expected revenue from year to year, it will be apparent that this year will be different. Then there are other types of claims. How do you claim that your store in a mall near the beach suffered from a decrease in tourism? The best thing for those people to do is to keep careful records of years past and whatever is happening today to make a claim.

This is the hook BP no doubt will hang its reasoning on when it says it will pay ‘legitimate’ claims. Will the government have to pick up the rest? President Obama said he did not appreciate the “ridiculous spectacle” Halliburton, BP and Transocean trying to blame each other. Taxpayers should not have to pay beyond $75 million.There is an effort within Congress to set aside that cap, but will it be retroactive? Otherwise U.S. taxpayers will have to pick up the enormous claim.

If there is any doubt who is to blame, a 60 Minutes report lays it all out. Mike Williams, the chief electronics technician onboard the Deepwater Horizon oil rig in the Gulf, miraculously swam away from the burning oil rig. He gives a chilling account of the pressure the employees were under to produce for BP because extracting the oil was taking too long. Even when bits of rubber safety equipment started coming up with the drill and he questioned it, he was told not to worry. The blowout prevent didn’t work and a backup called the pod also lost function. Both needed to be reestablished and fixed, but were not. An eruption that had been building for weeks exploded, taking with it 11 crew members.

BP already faced $108 million, the highest U.S. fines for workplace violations in history. And a BP whistleblower says the Atlantis which currently pumps 200,000 barrels a day also has safety violations and should be shut down. BP has made $6 billion so far this year. The Deepwater Horizon has cost $500 million so far. Who should be paying the cost of this disaster?

This was a very sad story to report last September. A University of North Florida student from Egypt, working on his MBA, Yasser Ibrahim Hamdy, 23, was riding a scooter with his two roommates when he was hit by a car, flung from the scooter, and hit by a second car. A News4Jax report states that he died at the scene. Hamdy had just received the scooter as an incentive for signing a lease on a Jacksonville apartment near UNF and he had no experience riding one. He also was not wearing a helmet.

Police have been looking for the initial Florida hit-and-run driver for some time. Now she has been arrested. Brittany Nicole Briscoe, 20, has been charged with leaving the scene of a Florida accident involving death and speeding. She is also charged with driving with a suspended license and causing serious injury. Both charges are felonies. How did police track her down? Briscoe, of Atlantic Beach, was actually tracked to her father’s home in Orlando.

There they found the 2002 Mitsubishi Eclipse allegedly involved in the accident which occurred at 2:15 a.m. on Beach Boulevard. Tips came in that led investigators to Briscoe. The second car that hit Hamdy was located a few hours after the accident. The driver, Alex Ward Jr. 22 of Mayport Naval Station didn’t know what he had run over. He has not been charged. Briscoe has been booked into the Duval County jail where she is held on $75,000 bail.

Florida Hit-and-Run Accident Statistics
For some unknown reason, the number of hit-and-run cases is increasing in the state. Duval County follows only Miami-Dade and Broward Counties as having the third most FL hit-and-run crashes in 2008, according to the Florida Department of Highway Safety and Motor Vehicles.

In Jacksonville, there were more than 2,000 hit-and-runs in 2007 and 2008. Compare that to 349 in 2006. Generally one can assume that the person who flees has something to hide. He or she might be intoxicated or under the influence of drugs. They might be driving with a suspended license or no license at all. They could be in this country illegally or have an outstanding warrant for their arrest. Or they could just panic and run.

Continue reading " Woman Charged in UNF Student Hit and Run Death " »

A Good Samaritan in central Florida has saved two children after their family van ran into a pond. Kissimmee police says that Eric Maceo Logan, 37 was at his kid’s school, Flora Ridge Elementary on Friday, May 14, when the family van went through a fence and down a slope into a retention pond. According to a News4Jax report, bystander, Kevin Rios-Nieves, 20, who was at the school, heard the little girl yelling, “Help,” out of the van and dove into the water to retrieve a one-year-old boy and the five-year-old girl. He climbed in an open window and grabbed the little boy who was strapped into his car seat and handed him to others who had decided to help. He then grabbed the little girl and took her to shore. The father was unconscious and Rios-Nieves yelled at him to get out. He said the man appeared to be having a convulsion and was shaking as the van took on more water and sank before Nieves could retrieve the father. Nieves said he started to cry because he couldn’t help him.

Escaping a Retention Pond
From the time your vehicle lands in the water until it sinks to the bottom is about two to four minutes, says the Florida Highway Patrol. Since water pressure makes opening the door impossible and electric windows won’t roll down, and its getting dark inside the car as water pours in from all directions, the FHP suggests that it’s best to carry a spring-loaded window breaker to smash your driver side window and get out as quickly as possible. About 4,800 vehicle accidents occur in Florida every year involving a submerged vehicle in a retention pond, says FHP.

Distracted Driving?
There are many questions surrounding this case, mainly why would a young father lose control of his car? A Jacksonville vehicle crash attorney and investigator would have many questions to ask about this case - did he suffer a medical condition? Was there some indication he had ingested drugs or alcohol? Was the driver distracted? What was the condition of the road and of signs in the area? The other issues that need to be questioned are whether there was adequate fencing around the pond to prevent an accident of this sort, and whether the slope going into the pond was too steep? Was there a mechanical malfunction on the vehicle, for example brakes that didn’t work? If so, the family of this deceased father may have a defective product complaint against the auto maker for his death. Our hearts go out to the family and friends of the victim in this accident. We pray for a full and thorough investigation that will yield clear answers about what happened.

The crude Gulf of Mexico oil spill disaster enters its fourth week and there are some hints as to what went wrong on April 20th, according to a NY Times article. A Congressional investigation finds that a safety mechanism that’s supposed to seal the undersea well if there is sudden pressure may have failed. The House Energy and Commerce Committee disclosed the findings on Wednesday, May 12. Henry Waxman of California said the more he hears about the BP Gulf Coast oil spill, the more concerned he becomes. That is because, according to a BP official, the oil giant may have known ahead of the explosion that killed 11 workers, that the well device couldn’t pass the negative-pressure test. A hydraulic leak has been confirmed after underwater robots injected dye into the blowout preventer and it leaked out of a loose fitting. The failure of the blowout preventer is just one of several possible causes of the failure.

Meanwhile, oil is dumping into the Gulf at about 210,000 gallons a day from the well about 5,000 feet beneath the surface. Last weekend a containment dome failed to stop the leak. Next to be tried is something known as a top hat that is smaller than the containment dome. Public hearings are underway in Kenner, Louisiana and on the second day officials acknowledge that government oversight of the oil rigs and industry is insufficient, current regulations were written in 1978 when wells were closer to shore and not so deep, and amounts to the industry regulating itself. Basically as it stands, the blowout prevent was created by industry, and installed by the oil industry with no government oversight.

As it now stands, anyone damaged financially by the Gulf oil leak is facing a $75 million cap liability for the owners. The low cap was established in 1990 as an incentive to get the industry to agree to a tax for cleanups. It would be well-advised to consult with an experienced Florida oil leak economic damages attorney if you have suffered losses from the oil leak.

President Obama is proposing a $118 million package to aid those unemployed by the lack of fishing and food aid as well as increased inspection of seafood. The proposal also calls for raising the $75 million cap to $10 billion, which is the least it will take to get everyone on the road to recovery.

A 28-year-old Georgia man has died as a result of a one-car accident Sunday, May 2. Haudrey F. Figuerdo was a passenger in a 2006 Toyota that was being driven by Carlos Rivera, 39, of University Park. According to a Herald Tribune article, the two were northbound on Cooper Creek Boulevard in Manatee County around 3:18 a.m. Rivera, the driver, lost control of his vehicle around a curve, drove up over the curb and then struck some shrubs, then a tree. The car spun around and the Toyota then caught fire. Rivera was listed in serious condition at Lakewood Ranch Medical Center.
Our sincere condolences are extended to the family of Mr. Figueurdo for his sudden death in this tragic accident.

Florida Accident Statistics
Manatee County, which encompasses the Bradenton area south of Tampa, had 3,777 auto accidents in 2008, according to the Florida Highway Patrol. 445 were alcohol-related and 55 fatalities resulted. In addition there were 3,173 injuries that resulted from Florida vehicle accidents.

Single-Vehicle Accidents in Florida
The cause of this fatal crash is a mystery based on the information provided. If I was a member of Figuerdo’s family I would want to know if there was any negligence involved. Did the driver suffer some sort of medical condition that caused him to lose control of the vehicle? Was he under the influence of drugs or alcohol? Were the vehicle occupants wearing seat belts? If so, did the seat belts work? Was the driver speeding? Were there any witnesses? Oftentimes when a single-vehicle accident occurs early in the morning, DUI or driving distracted is suspected, but without an independent and thorough investigation by a Florida vehicle accident attorney and investigator, those answers may never be uncovered.If there was a problem with a defective auto, a claim could be filed against the automaker. If there was negligence by another driver, that person could be held liable. If a dangerous roadway contributed to this accident, the governmental agency responsible for maintaining the roads could be held liable as well.

As the Gulf oil spill creeps toward shore, BP, British Petroleum is doing all it can to minimize harm in the water and on the shore. And we’re not talking about oil slick barriers. Alabama’s Attorney General says he has told representatives of BP they need to stop circulating agreements that require people to give up their right to sue in exchange for $5,000. AG Troy King says people should seek appropriate legal advice before they sign away their rights.

Reportedly, BP’s efforts were very strong in Bayou La Batre. By the first weekend in May, BP had signed up about 500 fishing boats in Florida, Mississippi and Alabama. Fishermen were put under contract and part of the condition of being hired was that they waive their right to sue BP and agree to a confidentiality clause not to discuss it. After some public embarrassment, BP said it stripped out the waiver requirement and the ones signed would not be enforced.

Darren Beaudo, a spokesman for BP, said in an e-mail to the Press Register, "BP will not enforce any waivers that have been signed in connection with this activity.” The state’s Attorney General has his hands ties. He cannot give legal advice to private citizens, but hopes they seek legal advice by warning them they need to proceed with caution. Meanwhile, a Florida State University oceanography professor says the oil gushing from the Deepwater Horizon is five times more than what BP is releasing. Ian MacDonald told an environmental forum meeting in Pensacola the blowout is gushing 25,000 barrels a day, while BP estimates the rate at 5 barrels per day. MacDonald says he is frustrated by the lack of adequate data from the federal government.

Florida oil spill damage attorneys will continue to monitor the progress of the conditions surrounding this awful tragedy.

Former Miami Dolphin O.J. McDuffie, has won his Florida medical malpractice case against the team doctor and been awarded $11.5 million. Wednesday, May 5, the case concluded in Miami-Dade Circuit Court. Dr. John Uribe is the former team doctor for the Dolphins. The player said the doctor was negligent when McDuffie injured his left big toe in 1999 and an MRI showed the injury was serious. The Dolphins doctor told McDuffie that the exam was inclusive and failed to tell him that the MRI showed severe ligament damage from a rupture. A Miami-Herald report states that the toe injury worsened and McDuffie continued to play, say his lawyers.

After nine years with the Dolphins and three surgeries on the toe, he was released by the team in February, 2002. His lawyers say that Dr. Uribe was guilty of malpractice and gross negligence in Florida and ultimately cost McDuffie millions in lost earnings. The award covered $10 million in lost earnings and $1.5 million for anguish, reports the Associated Press. Dr. Uribe calls the ruling a travesty and plant an appeal.

McDuffie had been with the Dolphins for nine years. He was a 1993 first round draft pick out of Penn State University and led the NFL in receptions in 1998. By the time his career ended after the 2000 season he has just 14 catches for 143 years over nine games. Since the end of his career he has put together a foundation called the Catch 81 Foundation to support and create programs to enhance the quality of life for children of South Florida “and empowering them to pursue the best in themselves.”

There is little doubt that there will be some impact to our local shrimp industry say those in the know. Gerald Pack, who owns Safe Harbor Seafood Market and Restaurant, the last remaining fish house in Mayport, says that if the oil from the blown oil platform in the Gulf makes it to Florida’s east coast, it will have a definite impact. Even if the oil doesn’t make it here, the oil spill tragedy will have an impact. That’s because shrimpers in the Gulf will likely find themselves migrating to the east coast of Florida to practice their trade. “They can come to our coast and fish,” he tells the Florida Times-Union. In Louisiana, the shrimping season began just before the oil platform exploded April 20th. In Mayport, the rock shrimp season will begin in June which likely will lure shrimpers here. Fair to say if the oil spill does head to our area it will devastate Mayport and its only industry right at the prime production time. In the meantime, a judge has ruled that Florida and the rest of the U.S. can join in a consortium of groups from six states. The Gulf Oil Disaster Recovery Group plans a class-action against BP on behalf of Gulf and Atlantic shrimpers and fishermen.

The Gulf Oil Disaster Recovery Group was the first to announce that the BP cofferdam experiment had failed and they could not control the oil leaking from the wellhead. BP itself had downplayed the truth and has issued conflicting press releases. Many experts are saying that we are on a verge of a catastrophe in the Gulf since even BP has admitted that 60,000 barrels a day could be flowing into the Gulf waters. That is the equivalent of a Valdez-type of leak every week in the Gulf.

As of Sunday night, May 9, Florida oil spill disaster lawyers have been aware along with several other concerned citizens that the spill is traveling west as the ruptured well 98-ton containment chamber hit a snag when there was buildup of gas which delayed efforts to put the containment device over the rupture. At least 5,000 barrels of oil a day are still gushing unchecked into the Gulf since the Deepwater Horizon rig exploded killing 11 crew members. The first tar balls were found by beachgoers on Dauphin Island, Alabama, Saturday, although it is not certain if the oil came from the recent Gulf spill.

A 22-year-old Orlando man is fortunate he only suffered minor injuries early Monday when his car went into a retention pond in Orange County. The man, Ebraheem Al-Samadi, lost control of his vehicle, reports the Florida Highway Patrol. The accident happened on State Road 50 at the ramp onto SR 408 about 1:10 a.m. The Orlando Sentinel reports that Al-Samadi was able to escape his 2004 Lexus before it sank. The man reportedly swerved to avoid hitting an animal in the road.

Al-Samadi is very fortunate that his injuries were not more serious and he was able to escape. We wish him a swift recovery.

Orange County Accident Statistics
Orange County in central Florida had 16,712 auto accidents in 2008, according to the Florida Highway Patrol. 1,373 of them were alcohol-related and 170 fatalities resulted from those accidents.

Retention Ponds in Florida
With a large number of retention ponds throughout Florida, drivers often find themselves ending their journey in one. It often does not end well, especially if the vehicle turns upside down. This story leaves out a lot of information such as whether the pond had a fence around it, whether this man was speeding or whether another vehicle was involved. A Florida car accident attorney would want to have the answers to those questions before the at-fault driver can be determined and costs assessed. A thorough investigation should also determine if the Toyota was operating normally, and not a runaway vehicle that some Toyotas have been determined to be. If this Lexus was on a recall list, had been “fixed” as Toyota calls it, and then had another unintended acceleration accident, then the auto maker, Toyota, could be held responsible for this man’s injuries and losses.

A two-vehicle crash has left one person dead on the Northside early Saturday morning. Darrin Head, 29, was heading north on North Main Street, north of Yellow Bluff Road when his pickup crossed and collided head-on with a car in the southbound lane. The car driver, Matthew Likewise, 27 of Jacksonville is in Shands with critical injuries. His passenger died at the hospital while Head suffered minor injuries in the accident which happened 2:25 a.m. Charges are pending according to the Florida Highway Patrol. A News4Jax story reports that the passenger was not wearing a seat belt. There was a second passenger in the car who also suffered minor injuries.

Our condolences go out to the family and friends of the unnamed person in the vehicle who lost their life so suddenly in this crash. So many lives are permanently altered in a moment.

Seat Belts Accident Statistics
This Jacksonville head-on car accident highlights the importance of seat belts. It is not coincidence that the person who died was not wearing a seat belt, although the report does not tell us if the others were.

The National Highway Transportation Safety Administration traffic fatalities statistics have just been released for 2009. The numbers show that there were 33,963 highway deaths for 2009, a drop of 8.9 percent from the previous year. NHTSA attributes the decline in 2009 to a combination of factors that include high visibility campaigns like Click It or Ticket to increase seat belt use, and Drunk Driving. Over the Limit. Under Arrest which helps with the enforcement of state laws to prevent drunk driving and distracted driving.

Wrong-Way Crash Cause
The National Highway Transportation Safety Administration reports that overall about 1.5 % of fatal crashes result from driving the wrong-way. The causes are numerous and include:

• Intoxicated


• Older drivers who are easily confused


• Drivers who are purposely driving the wrong-way to, for instance, avoid traffic jams


• Drivers who aren’t paying attention and mistake an on-ramp for an off-ramp or vice versa.

Continue reading " Passenger Dies in Northside Crash " »

While events leading up to the oil spill disaster are still being investigated, it is apparent that the scope of this accident is widespread and has already created detrimental consequences.

Since April 20, 2010, the Gulf Coast from southeastern Louisiana to Florida has become contaminated with massive amounts of oil from the explosion and sinking of the BP PLC drilling rig. This terrible Gulf Coast oil spill has not only damaged environmental homeostasis, but also placed several workers, family members of missing workers feared to be dead, and various business owners and private contractors in financial, physical, and psychological turmoil.

According to reports, it wasn’t until April 24 that officials announced that there was a valid and serious oil spill. Before this time, the oil spill disaster was brushed-off as minimally damaging. It was declared on April 25 that attempts were being made to stop the flow of oil through robot submarines and that a relief well may take many months to drill in order to cut off the flow. By April 26, the 5,000 foot deep leaking well in the ocean off the coast of Louisiana made an oil sheen and emulsified crude slick with a circumference of about 600 miles and covered about 28,600 square miles.

Seven days after the oil spill accident occurred, executives of oil producer BP PLC met with Obama administration officials. While Louisiana Governor Jindal issued an emergency declaration in the Gulf of Mexico oil leak on April 29, the Louisiana National Guard was not called in to provide assistance until the next day.

Reports from May 4, 2010 state that 1,200 members of the Louisiana National Guard are currently supplying command and control and sandbagging support. Secretary of Defense Robert Gates gave approval for requests from Alabama, Mississippi and Florida to have their National Guard units operating under title 32 status. This means that if National Guard members are asked to assist in efforts for the oil cleanup, all costs will be compensated for by the federal government. An Associated Press article noted on May 4, 2010 that the undersea well has been releasing about 200,000 gallons of oil a day.

While it is almost impossible at this time for anyone to know the potential long-term effects of this oil spill on an environmental and economic level, it is everyone’s hope that oil spill disasters like this one will never happen again. If you or someone you love has been involved in an accident or experienced severe financial losses due to the Gulf Coast Oil Spill, contact the Florida oil spill economic loss attorneys at Farah & Farah today for a consultation of your situation.

A jet skiing accident in Florida has taken the life of a top Brooklyn rabbinical student. The 21-year-old man and a member of a prominent family of Crown Heights rabbis, was killed Sunday, May 2, in Tampa Bay after a friend slammed his jet ski into him. Tampa police say that considerable speed was involved in the crash on the north side of the Courtney Campbell Causeway. According to an NY Post article, the man was knocked into the water and pronounced dead at St. Joseph’s Hospital. His friend, who is living in Miami on a student visa, was driving the other watercraft. Tampa Police, through a spokeswoman, said if someone is recklessly driving a personal watercraft (PWC) that could constitute a crime. The state attorney’s office is considering charges.

Our condolences go out to the very large family of this man who was about to be ordained as a rabbi and has a large circle of friends, family and admirers.

Accident Statistics
Florida recreational boating accidents such as this one are not unusual. The personal watercraft industry will tell the public that these machines are no more dangerous that other recreational watercraft but PWC injuries occur 8.5 times as often as other motorized watercraft, according to industry statistics. The National Transportation Safety Board says personal watercraft or PWCs are the only recreational watercraft associated with a leading cause of death in recreational boating accidents other than drowning. Only about one-quarter of PWC fatalities are due to drowning. All others are due to injuries such as blunt force trauma, after colliding with another vessel, a floating object or a swimmer. NTSB finds that close to one-third of operators had used a PWC fewer than 10 times before their accident.

Liability Considerations
A PWCs operation is counterintuitive. When facing an imminent collision, the reaction to a novice would be to release the throttle. But that is the worst thing to do. To release the throttle means the operator cannot steer. The vessel has no rudder to control steering and no brakes and does not work the way an operator would expect. That is why a significant number of high risk injuries are associated with operator error and inexperience. Still PWC manufacturers show riders wake-jumping, turning sharply and operating with accurate precision around each other. That is exactly the kind of driving that has seriously killed riders and operators over the last two decades. A Florida injury attorney can help the families of those injured by the negligence of others, recoup medical bills, the cost of rehabilitation and pain and suffering.

Three Democratic senators are pushing for a national graduated driver licensing law (GDL) for teen drivers. As it stands now, state laws offer a patchwork of policies for teen drivers. 42 states allow a teen to obtain a learner’s permit before the age of 16.

The Safe Teen and Novice Driver Uniform Protection (STAND UP) Act would affect teen drivers under the age of 21. STAND UP would raise the age of obtaining a learner’s permit to 16. The Insurance Institute for Highway Safety says that alone would reduce the fatal crash rate of 15 to 17 year olds by about 13%. IIHS has found that about 50% of parents support raising the minimum licensing age, reports USA Today.

The age to obtain an unrestricted license would be raised to 18 as a minimum.

It would establish a three-tiered process including a learner’s permit, an intermediate stage before an unrestricted driver’s license. Nighttime driving would be prohibited during the first two stages. Cellphone use would be prohibited while driving during the first two phases. Federal highway money would be withheld from states that did not participate with the minimum standards after three years.

AAA has stated that the STAND UP is very close to a model GDL.

Experienced Jacksonville injury lawyers are familiar with the unfortunate fact that auto accidents are the leading cause of death of teens. The IIHS has found that major GDL restrictions reduce crashes between 10 and 30%. In states that implemented restrictions, fatal crashes among drivers under the age of 18 dropped 75% in three years, injuries fell 38%.

Two elderly residents of Naples were killed on the interstate in Southwest Florida on Saturday, May 1 in a Florida head-on collision. The Florida Highway Patrol reports that the elderly residents’ 2004 Lincoln left the southbound lane of I-75 and drifted across the median hitting a northbound truck at mile marker 148. Based on a naplesnews.com report, the truck driver swerved to avoid the car, but he hit its driver side. He went to Charlotte Regional Hospital with "non-incapacitating injuries," the Highway Patrol reported.

Our sincere condolences go out to the family and friends of these accident victims in this tragic and sudden accident. They are in our prayers.

Elderly Drivers Accident Statistics
In Florida, motor vehicle crashes are the number one cause of death for teens 16-19 years of age. While teens make up only 6% of the driving population in Florida, they are involved in 14 % of the fatal crashes, according to the Florida Highway Patrol. Drivers 20-24 had the highest number of fatal crashes in Florida in 2008 amounted to 546. Compare those numbers to drivers over the age of 90. They were involved in only 18 fatal crashes in 2008, reports the FHP.

Continue reading " Naples Interstate Crash Kills Two " »

This www.lohud.com story is out of New York where a West Nyack man, who is accused of injuring two police officers by running into a police cruiser while DUI, is also wanted on a Florida warrant charged with assaulting a Miami Beach police officer. The 30-year-old man from West Nyack is in jail on a$75,000 bond. He’s been convicted there of drunk driving three times in the last five years, most recently when he rammed the police cruiser. In January 2003, he was charged with disorderly conduct and assaulting a Miami Beach female police officer who asked him to leave after a disturbance. He was taken to jail after pushing the officer to the ground. It is still not clear why he was not prosecuted on that charge but Florida contacted New York to say it still has a warrant for his arrest on those charges.

Our condolences go out to the family of this man who seems on a path of destruction. Let’s hope that he doesn’t take anyone with him before he is locked up, at taxpayer expense, once again.

Alcohol-Related Crashes
Miami-Dade County saw 43,376 Florida auto accidents in 2008, according to the Florida Highway Patrol. 1,878 were alcohol-related and there were 271 fatalities from crashes.

DUI Laws and Liability Issues
Driving under the influence is a serious crime under Florida law, which defines anyone with a blood alcohol level over 0.08 as impaired. Under Florida law for Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

• DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).


• DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known an accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).


• Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).


• Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).

Continue reading " Man Charged With DUI That Injured Two Cops " »