Jacksonville Personal Injury Blog

It has taken investigators ten months, but now a 43-year-old man has finally been arrested and charged with the January head-on crash that killed a 39-year-old man from Atlantic Beach. The crash happened January 27th on County Road 210 in St. Johns County around 6 p.m. The man who was arrested is reported to have crossed a double yellow line in his 2004 Chevy Trailblazer and hit the accident victim, who was driving a 2000 Ford Explorer, on a dark section of the road.

A blood-alcohol test was taken at the time of the crash but News4Jax reports there was no alcohol in the driver’s system. The toxicology report did show he was under the influence of an unnamed narcotic found in his system. The article does not say if the drug was prescribed or obtained illegally. The man was arrested on Friday, October 28, and charged with DUI manslaughter. He will be extradited to St. Johns County from Duval County.

Our condolences are extended to the family of the accident victim for their loss.

The St. Johns County Traffic Unit believes narcotics impairment is on the rise, and it is as potentially deadly to be under the influence of drugs and behind the wheel as driving under the influence of alcohol. Fortunately, the unit is now trained and equipped to look for all types of intoxication.

Farah & Farah’s investigators are also trained to help uncover the cause of a crash so the at-fault party can be held responsible for the costs associated with the accident, including medical injuries, rehabilitation, and pain and suffering. Call a skilled car accident lawyer in Jacksonville at the law firm of Farah & Farah at 1(800) 533-3555 so we can offer you a free consultation on your accident.

Source: http://www.news4jax.com/news/Man-charged-with-DUI-manslaughter-in-Jan-crash/-/475880/4025602/-/ga2wyoz/-/index.html

The study is called Headline Blues and it comes from the nonprofit Center for Justice and Democracy (CJD) at New York Law School. The report analyzes the coverage plaintiff verdicts are given and the hype and hysteria that feed the myths of “frivolous lawsuits” and giant jury awards. The Orlando personal injury attorneys at Farah & Farah understand that the real story is quite different.

The first study, Reading Between the Headlines, done by CJD in 2001 was followed by the book, Distorting the Law, which looked at the media’s coverage of lawsuits and their aftermaths from 1980 to 1999. All of these studies find the same thing – that people are increasingly moving away from newspapers and are seeing the news online or in brief news headlines on commercial broadcasts. Instead of a thoughtful analysis of the verdict and the behavior of the at-fault party, we are reduced to news tidbits that sensationalize civil verdicts and offer incomplete coverage that omit relevant information or completely skew the story.

For example:

• From May to July 2011, CJD found mainstream media reports generally covered awards in the average range of $4.6 million, while the Department of Justice said during the same time the average jury verdict was $24,000 or $21,000 before a judge.
• In reality, plaintiffs only win tort cases 51.3% of the time, more than 56% of the time before a judge. Large awards are rarely upheld on appeal or by a judge.
• Of 100 cases where the plaintiff was awarded $1 million or more in 1994, 32 were set aside or reversed and 33 were reduced. In one out of ten cases there were not enough assets or insurance coverage to pay the plaintiff anything.

Readers are rarely told there is a cap on verdicts, another distortion that fuels the public’s belief that lawyers and “runaway juries” are running up the costs of just about everything. It’s all part of the very effective tort reform movement which began with the very industries that didn’t want to be regulated such as asbestos and tobacco.

Source: http://www.centerjd.org/archives/studies/MediaCivilJusticeWhitePaper2011F.pdf

A construction worker we reported on last week has died from his 20-foot fall from a work site roof in St. Augustine. The 52-year-old man was on top of the St. Johns County jail building which is being expanded when he fell off last Wednesday, October 19, according to a report in The Florida Times-Union.

The man died Saturday, October 22, from his injuries at Shands Jacksonville. An investigator from the Occupational Safety and Health Administration (OSHA) arrived on the scene soon after the accident to determine if there were any safety lapses that may have contributed to his accident. The story does not make mention of the investigation or whether any hazards may have been present.

The Florida workers’ compensation attorneys with Farah & Farah that understand OSHA is responsible for workplace safety and there is a specific protocol that construction, manufacturing, and maritime companies must follow to be in compliance. In this case, the contractor, K.P. Meiring Company of St. Augustine, must answer why there were not backup systems in place that would break a fall or give someone a chance to catch his or her fall. Citations can be issued to the employer if hazards were present and not remedied before a worker was injured.

Our firm sends its condolences to the friends and family members of this man.

The construction industry employs more than six million people in the U.S. at more than 252,000 worksites. The job accident injury rate at a construction site is higher than any other industry and can include:

• Electric shock
• Falls
• Trench collapse
• Lack of protective equipment; and
• Repetitive motion.

If you believe a hazard exists at your worksite you may report it to OSHA and the agency will investigate and protect you from retaliation.

Source: http://jacksonville.com/news/2011-10-23/story/st-augustine-construction-worker-dies-fall-roof

The data is in on the number of Floridians who have lost their driver’s license because they are mentally or physically unfit. The Florida Department of Highway Safety and Motor Vehicles stated that the number has more than doubled to 7,716 in 2010 from 3,559 in 2000. The trend may be attributed to older drivers who have lost their license because of dementia, seizures, and stroke.

According to a report in The South Florida Sun Sentinel, someone who is impaired can be reported to the state by a family member, a stranger, or a professional and happen after the driver has been in an accident, observed driving recklessly, or seemed confused.

If a driver indicates he has a medical condition, Florida will request more information. If the driver fails or refuses to submit additional detailed medical information showing why he or she should stay behind the wheel, he or she could lose the privilege to drive.

The analysis by the Sun Sentinel also found that 6,559 Florida drivers age 80 and above who have had their license revoked either failed a vision test or did not submit to a vision test.

Under Florida law, once you hit the age of 80, you must submit to a vision test every six years.

The Manatee County auto accident lawyers of Farah & Farah understand that Florida has always had older drivers. According to the U.S. Census Bureau, 20 percent of residents are over the age of 65 and in twenty years that will turn to 25 percent of drivers.

What’s curious is that a person of any age can have a medical condition, and statistically speaking the highest number of collisions fall in the 20 to 24 age group, not older drivers who statistically have very few auto accidents.

Source: http://www.sun-sentinel.com/business/fl-gx-13p8-driving-lic-revocation.eps-20111021,0,3952808.graphic; http://articles.sun-sentinel.com/2011-10-21/business/fl-driving-license-revocations-20111021_1_older-drivers-drivers-licenses-fran-carlin-rogers

An article in The Tampa Tribune recently reported on the cost of a teen drinking party hosted by adults. On June 25, 2010, a Tampa couple, who lives in Dade City in Hillsborough County, allowed their 18-year-old son to host a drinking party for about 90 kids on a piece of property they own.

The Florida Highway Patrol report says two teenage girls, one 18 and the other 15, left the party around 2 a.m. in a 2002 Chevy Cavalier. The 18-year-old driver lost control of the car on Wire Road and hit a tree killing the 15-year-old passenger.

The deceased girl’s estate filed a lawsuit October 10 on behalf of the young teen’s 18-month-old son. The lawsuit was filed against the adult parents of the boy who hosted the party because the five acre property belonged to them.

The teen driver survived the Florida drunk driving accident. At the time of the crash she had a blood-alcohol level of 0.15 percent. The legal level for intoxication is 0.08, meaning she was nearly twice the level considered intoxicated.

A Stetson University law professor told The Tampa Tribune that the lawsuit presents a strong civil and criminal case against the parents because minors should never be served alcohol. Even if the parents were not present at the party, it could still be argued they were in “control” of the residence.

The teen driver has pleaded no-contest to DUI manslaughter and will spend 11 months in a Land O’ Lakes jail, four years probation, and one year of house arrest. In addition, she loses her driver’s license for life. The teenage boy who hosted the party pleaded no contest to a misdemeanor charge of hosting an open house party and had to pay court costs.

The Hillsborough County personal injury attorneys at Farah & Farah law firm suggest that any parent who believes it is a good idea to allow alcohol be served to anyone under the age of 21 in their home or property should think again. It could cost a life and almost everything you ever worked for.

Source: http://www2.tbo.com/news/education-news/2011/oct/20/suit-targets-owners-of-property-where-teens-partie-ar-273665/

Fair Warning reports on the controversy over the ImPACT test, which stands for Immediate Post-Concussion Assessment and Cognitive Testing, given to school athletes both before and after a head injury. There are about 1.7 million concussions in the U.S. every year where the brain is shaken around inside the skull, which can result in traumatic brain injuries with symptoms such as headaches, an inability to focus, mood change, and dizziness.

A player’s memory, reaction time, and ability to pay attention are all measured by the computer-based ImPACT test.

The Florida brain injury attorneys of Farah & Farah understand that almost any sport can lead to head trauma, but professional football players have brought most of the attention to the problem, especially if they are injured a second time while recovering.

In school athletics, about 2 million student athletes who play football, lacrosse, ice hockey, and even soccer have taken the test in 33 different states and the District of Columbia.

Some students are tested just before the season so it can be used as a baseline if there is an injury later. If an athlete is injured in the game, he or she will be tested again to determine when they can re-enter the game. The tests reveal that kids who return to sports too quickly after an injury may slow their recovery.

A clean test will provide the medical clearance an athlete needs to re-enter the game.

Critics say this is a way to shield a school from litigation. That may in part explain the number of supporters, but being sure an athlete has fully recovered from a traumatic brain injury before proceeding can only be good for the athlete.

Source: http://www.fairwarning.org/2011/10/concerns-about-head-injuries-fuel-a-boom-in-concussion-testing/; http://www.washingtonpost.com/national/health-science/concussion-testing-for-student-athletes-is-common-but-some-question-its-worth/2011/09/26/gIQATVIDsL_story.html

The St. Petersburg Times has reported on another sad case of a hit-and-run driver who left the scene of an injured bicyclist who later died. The 55-year-old man was on his bicycle in the downtown Tampa area crossing Waters Avenue at Ashley Street when a vehicle, believed to be a red sedan, hit him. The cyclist was on his way to Kmart Sunday, October 16, and when he was hit he reportedly got up and moved his bicycle out of the road, but then collapsed. His sister got word of his death a short time later.

They were best friends who lived together and she says there will be many friends and family members anxious for answers as to who could have done this to a man who had three adult sons, loved life, and collected antiques.

Authorities are asking for the public’s help. The driver of the small car headed north on Florida Avenue, and the police report states he may have front end damage to his car and a broken headlight.

The driver who left the scene could be punished by spending up to 30 years in prison for leaving the scene and failing to render aid, which is a first degree felony.

Anyone with information is asked to call the Tampa police at (813) 231-6130. Crime Stoppers will also allow you to make a report anonymously at 1-800-873-8477.

Crime Stoppers and Hit-and-Run Reward both offer cash incentives to do the right thing. The Tampa bike accident lawyers at Farah & Farah are a member of the group which offers a financial reward of $1,000 to turn in a dangerous driver who left the scene of an accident.

The number for Hit-and-Run Reward (www.hitandrunreward.com) is 1-800-644-8678.

Some passengers on the Carnival cruise ship, Fascination, told Channel 4 in Jacksonville that they are considering legal action because the ship took off from the Jacksonville port knowing there was bad weather ahead.

A woman from Illinois says the cruise line put her and her friends in danger when the ship took off Thursday, October 6 for a four-day trip to the Bahamas, encountering severe weather along the way. She says waves crashed into the ship as high as the windows and about 2,000 passengers had to skip a port of call, faced delays in catching flights back, fainted, and became ill all over the rocking ship. The tide was too high to allow the ship to pass under the Dames Point Bridge and they had to dock at the cargo terminal, causing further delays. Other passengers say doors were being blown in off their hinges from the wind, dinner plates were falling on the floor, and shop shelves were collapsing. The captain decided to continue despite this weather.

The woman is demanding a refund, saying the captain should have been able to predict the dangerous weather. However, the fine print in the Carnival cruise tickets says refunds are not issued. Many consumers may not realize when they sign the ticket they are agreeing to the fine print on the back. Carnival can alter the ship’s course, decide whether or not to skip ports, and alter the activities on the ship due to bad weather. Trip insurance may be the only remedy for those who lose money due to a Jacksonville cruise accident.

Most passengers who had commented on the website said they would like their money back and will never travel on Carnival again.

Source: http://www.news4jax.com/news/29464714/detail.html

An interesting story out of the Sarasota Herald-Tribune about Florida’s DUI cases which have traditionally relied on the breath test machine, the Intoxilyzer 8000, to check whether or not a driver measures a blood alcohol level above 0.08 percent, the legal limit for intoxication.

State officials never ran accuracy tests on the machines which have been in service since 2006, and now judges and attorneys have found the machines are miscalibrated, raising questions about whether thousands of DUI charges should stick.

This year, the machines are finally being checked and 40 percent have flunked in that they incorrectly measure the amount of breath flow. While an average person has a capacity of about five liters, the machines would measure up to 12 liters of breath, also increasing the reading on blood-alcohol levels. An accurate breath reading is supposed to be the key to obtaining a quality sample to test for DUI. Those who may have been wrongfully convicted of DUI have not been notified by the state, but the flawed machines have reportedly been recalibrated and put back into service.

In Venice, Florida, a county judge said the results from the test are unreliable and prosecutors are reaching out to DUI defendants. Juries are acquitting defendants in Florida drunk driving accident cases after hearing about the machine problems.

The Florida Department of Law Enforcement (FDLE) stands by the test results, but it has spent more than $2,000 to test the equipment. The Intoxilyzer 8000’s software will be tweaked if the state can acquire $20,000 in funding and FDLE will be required to do a check on the readings.

Source: http://www.heraldtribune.com/article/20111008/ARTICLE/111009605/2416/NEWS?Title=Florida-DUI-cases-built-on-faulty-test-results; http://www.flhsmv.gov/ddl/duilaws.html

A 47-year-old man was hit by a vehicle while crossing a Jacksonville street Tuesday, October 11 and is hospitalized with life-threatening injuries. According to the Channel 4 website, the man was trying to cross Penman Road at Marvone Lane around 6:40 a.m. when he was hit. The Neptune Beach man was transported to Shands Jacksonville Medical Center where relatives say he is in a coma.

The driver says he did not see the man in time to stop because of foggy road conditions.

Other witnesses who say they were in the area at the same time say there was no fog.
Fortunately, the driver did stop and alert law enforcement which is required by Florida law.
Let’s all pray that this pedestrian recovers from his injuries.

Pedestrian Dangers

The transportation group, Transportation for America (T4A), dubs Florida as top in the nation for hit-and-run fatal accidents. The nonprofit organization says the four most dangerous metropolitan areas for pedestrians are in Florida and include: Jacksonville, Orlando, Tampa and Miami.

According to state data, 482 pedestrians were killed on Florida roads in 2010 and 7,676 were injured.

Nationally, a dozen people a day die after being hit by a car, according to the National Highway Traffic Safety Administration (NHTSA). When an individual is hit by a 3,000 lb car, devastating injuries can result, including head and spinal injuries, broken bones, and brain injuries.

The Jacksonville pedestrian injury lawyers at Farah & Farah encourages everyone to watch for pedestrians at all times. A pedestrian can include anyone from a small child on a skateboard to someone who has trouble crossing the street. We are supposed to share our roadways with other forms of transportation and that includes foot traffic.

Source: http://www.news4jax.com/news/29447901/detail.html; http://www.flhsmv.gov/hsmvdocs/CS2010.pdf

According to a report on WESH-TV, a deputy from Seminole County was arrested on Thursday, October 6, and charged with leaving a crash scene where there were injuries. The deputy had slowed to avoid hitting a dog on Lake Emma Road in Lake Mary when his unmarked patrol car was hit by a motorcycle. Instead of stopping to render aid to the motorcyclist, the deputy left the scene. The deputy’s car sustained about $4,000 in damage, though the deputy’s story was that he didn’t know he had been hit.

Even though the Seminole County car accident happened one month ago the deputy was just arrested this week; WESH-TV does not mention why there was a delay. The officer has been suspended from his job. The motorcyclist was injured and suffered broken bones and cuts, and this story gives no explanation as to why he didn’t stop before hitting the officer’s car.

An investigation is continuing.

Hit-and-Run Accidents

This story is a twist on the typical hit-and-run accident. Even though the officer was hit, he has an obligation as an officer of the law to respond to the citizens of his county. Under state law, when anyone is involved in a hit-and-run, even if they have been hit themselves, they are required to stay and render aid. Certainly, a person who is an officer of the law should understand the law and follow it.

For some reason, many people involved in Florida hit-and-run accidents seem compelled to leave the scene for a list of potential reasons. They may not have insurance or a driver’s license, or they may be driving under the influence or have drugs in their possession. Leaving the scene turns a possible misdemeanor into a criminal charge with prison time.

It will be interesting to see whether or not the law, which applies to the citizens of Florida, also applies to its’ law enforcement officers.

Source: http://www.wesh.com/news/29442868/detail.html

All the Florida Highway Patrol (FHP) has to go on is a broken headlight and a front panel from a blue Toyota. That’s what remained after a car collided with a bicyclist in Orange County on Tuesday, October 4, on southbound John Young Parkway. The 21-year-old bicyclist was crossing the southbound lane on the left turn lane when the motorist, also southbound, hit the rider on the inside lane at Bear Bryant Drive. The motorist then left the scene.

So far, the FHP has no witnesses. The agency says charges are pending and could include reckless or careless driving under Florida law 316.192. Reckless is defined as speeding, driving under the influence, or racing. A fear of being charged is one of the reasons that Florida hit-and-run drivers leave the scene.

The bicyclist was taken to Orlando Regional Medical Center where he is in serious condition. Let’s all pray the bicyclist recovers and that a witness comes forward to turn in this reckless driver.

Florida Hit-and-Runs
There were 99 bicyclists killed during Florida bicycle car collisions in 2010, according to the Florida Department of Highway Safety and Motor Vehicles. Florida ranks third in the nation in the number of hit-and-run incidents.

Because of these staggering statistics, Farah & Farah is dedicated to stopping hit-and-run collisions. We have joined other personal injury law firms nationwide in funding Hit-and-Run Reward. We believe if you turn in a hit-and-run driver you will be doing a public service and you can receive $1,000 from Hit-and-Run Reward for doing the right thing. The number for Hit-and-Run Reward (www.hitandrunreward.com) is 1-800-644-8678.

Source: http://www.wdbo.com/news/news/fhp-bicyclist-hit-injured-hit-and-run/nDznm/

According to a report by the Centers for Disease Control and Prevention (CDC) released Thursday, October 6, there has been a 60 percent increase among young people involved in sports in the treatment of traumatic brain injury (TBI) and concussions. The dramatic rise in treatment from 153,375 in 2001 to 248,418 in 2009 is thought to be due, at least in part, to more awareness among parents and coaches as to the dangers of TBI. Any sport can leave a participant with a brain injury including football, basketball, and soccer, and even bicycling and playground sports, and these injuries can last a lifetime.

During the eight-year study period, about 173,285 youth up to age 19 visited emergency rooms in the U.S. It may not be surprising that:

• 71 percent of the injured youth were males.
• The majority of those injured, 70.5%, were in the 10-19 age group.
• Bicycle and playground injuries occurred primarily among children from birth to age 9.
• Girls experienced injuries from bicycling, soccer, or basketball.

Adults have come to realize that there can be long-term impairment associated with TBI even though the injury may seem mild. Emotions, behavior, memory, and learning can all be affected, and even more so in youth than adults because their brain is still growing.

The CDC has begun an initiative called Heads Up to increase awareness among parents, coaches, and school professionals on how to respond to a brain injury. It’s also directed to the medical field to help healthcare professionals recognize and manage concussions in the emergency room.

Source: http://www.cdc.gov/media/releases/2011/p1006_TBI_Youth.html

Florida Gov. Rick Scott has designated the week of October 2nd through the 8th as “Register Your Emergency Contact Information Week.”

Drivers can submit the names of two contacts to be attached to their driver’s license in case they are in a car crash and law enforcement needs to contact a loved one. Only law enforcement can access the information, which is kept private under the Driver Privacy Protection Act.

If you are incapable of making a medical decision following a Florida auto accident, a loved one can intervene and make that decision or can inform emergency workers what type of drug you are taking, whether you have any allergies, and about your pre-existing medical conditions. Entering the information can save time in an emergency that could make the difference between life and death.

So far, five million Floridians have registered with the program, which takes about 30 seconds to register. Anyone with a Florida drivers license or ID can register at www.flhsmv.gov/eci/.

The idea was proposed by Christine Olson, a mother who got a call the evening of December 7, 2005 that her 22-year-old daughter Tiffany had been a passenger on a motorcycle that had been in an accident. She arrived at the Manatee Memorial Hospital only to be told her daughter was not there. It wasn’t until the next morning that she found her daughter was in the medical examiner’s office.

She had passed away around 7 p.m. after being thrown from the bike driven by her boyfriend. He did not die immediately and his parents also were unable to find him after the motorcycle crash.

Christine did not want this to happen to any other family so she contacted her state representative to push for the Emergency Contact Information System, now used by most Florida law enforcement agencies. She started the group, To Inform Families First, to encourage others to register with the state. Our condolences are extended to Christine Olson and her family for their loss.

Source: http://www.wjhg.com/home/headlines/131019503.html; http://www.toinformfamiliesfirst.org/

With all of the questions surrounding the safety of children’s vaccinations it is not surprising that parents are backing off, despite doctor recommendations that vaccines be given on schedule. Now a survey to be published in the journal Pediatrics finds that 13 percent of parents in the U.S. vary from the recommended schedule and 2 percent choose not to vaccinate their children at all.

Vaccines are given to children age six months to six years to prevent outbreaks of communicable diseases such as whopping cough and measles. Even a small decline in the number of vaccines tends to result in a disease outbreak said the researcher in charge of the survey.

Why does someone want to vary the vaccine schedule? Some do so at the advice of friends. Others make up their own vaccine schedule or follow the advice of Dr. Bob Sears of AskDrSears.com. The theory is that childhood injuries such as autism come from receiving too many vaccines at one time overwhelming the child’s small body. Although the cause of autism has not been found, suspicions are that mercury, used as a preservative, and other ingredients in vaccines play some role.

The most delayed vaccine is the measles-mumps-rubella shot at 45 percent, followed by the diphtheria-tetanus-acellular pertussis vaccine.

Dr. Sears has written The Vaccine Book because information is constantly changing and vaccine makers change their formulations sometimes leaving the old vaccines on shelves until they are depleted. When thimerosol, the preservative in vaccines containing mercury, fell out of favor, the U.S. Food and Drug Administration (FDA) did not mandate its removal from the market. Thimerosol is still found in some vaccines in trace amounts while no safe amount for this preservative has ever been established.

Additionally, there are live viruses, bacteria, chemical additives such as aluminum salts, and in some vaccines, formaldehyde to stabilize the compound, neomycin, gelatin, and eggs, any of which can trigger a reaction in a small person whose body/ brain are developing.

Autism is a neurological disorder that affects the brain. In the U.S., 1 in 110 children have autism or a related disorder. The U.S. has the highest rate of autism, so there is no wonder that parents are looking for ways to avoid this permanent and disabling condition.

Source: http://www.upi.com/Health_News/2011/10/03/Vaccines-delayed-for-13-percent-of-kids/UPI-57231317685796/?spt=hs&or=hn

It is not clear in this story from The Florida Times-Union why a 41-year-old Palm Coast man drifted off a Flagler County road and struck a tree early Saturday, October 1. The man is now in Halifax Medical Center in Daytona Beach in critical condition following the 12:30 a.m. wreck on County Road 302. The collision happened as he missed a curve in the road near the intersection with State Road 100 and hit a tree, which caused the vehicle to overturn. Fortunately, the motorist was wearing a seat belt and the Florida Highway Patrol had him airlifted to a hospital for treatment for his auto accident injuries. There were no other passengers in the vehicle at the time. The man was driving a Chevy 2500 pickup truck, which is a heavy duty vehicle that can have a high center of gravity.

Let’s pray that this man recovers from his injuries.

Seat Belt Use in Florida
The Florida Department of Transportation reported in June 2010 that the overall seat belt usage in the state was at 87.4 percent and nearly identical among drivers and passengers. However, the rate was lower among males (84.2%) than females (90.7%). Occupants under the age of 60 generally had lower usage rate than that of older occupants.

More people wearing seat belts is partially due to the state’s primary seat belt law that went into effect June 8, 2008. It was named after Dori Slosberg, and Katie Marchetti, two young women who were killed in separate traffic accidents when they were not wearing seat belts.

The car crash lawyers in Jacksonville at Farah & Farah would like to remind everyone to buckle up when driving on Florida’s roads. Not only are you safer, but it is the law.

Source: http://jacksonville.com/news/crime/2011-10-01/story/driver-critical-condition-after-one-car-accident-flagler-county; http://www.dot.state.fl.us/safety/Documents/SB%20Use%20Report%202010%20-%20%20FINAL%208-30-10%20%28new%29.pdf

The crash happened November 28, 2010 in Atlantic Beach. The bicyclist, a Navy Lieutenant, had left a bar with a group of friends around the same time as a 30-year-old Neptune Beach man driving a sport-utility vehicle (SUV) left a separate bar. The two converged upon an Atlantic Beach intersection, the SUV driving through as the bicyclist went through a stop sign. The 26-year-old helicopter pilot was hit and as he lay on the ground the motorist left the scene. The pilot suffered a skull fracture and spent the next five days in a coma before he died. The mothers of both men were in a Jacksonville courtroom Friday, September 30, pleading with the judge to deliver what each considers the appropriate sentence on Monday, October 3 when court reconvenes in the sentencing phase for the SUV driver. Under a plea agreement, the motorist could spend up to 15 years in prison for leaving the accident scene when there was a death.

After the motorist left the scene, he put his vehicle in a garage and told his boss he hit a deer. At trial, he apologized to the family of the victim and told them he was a coward. He admitted to having four or five beers that night, but since he left the scene he was not tested for intoxication. He admitted to the judge he knew he had struck a person and that he saw the man lying on the ground. Then he got in his car and left. The victim had a blood-alcohol level of .19, more than twice the legal limit for intoxication.

Florida Reckless Driving Statute
Many people writing to The Florida Times-Union don’t believe the motorist should be punished because the pilot was legally intoxicated, but the law doesn’t look at it that way. Florida Statute 316.192(1)(a) defines reckless driving as the wanton or willful disregard for the safety of property or persons. This could involve speeding, driving under the influence, or racing. It doesn’t matter whether or not he intended to hurt someone - he did. And it doesn’t matter whether the victim was intoxicated, blind, or walking on one leg.

When a driver leaves the scene of an accident and fails to stop and give information to law enforcement or render some sort of aid to the injured, and either knew or should have known that the accident occurred (Fl. Statute 316.062), he or she has committed a first degree felony punishable by up to 30 years in prison and a fine not to exceed $10,000.

The plea agreement has already cut down this motorist’s possible prison time to 15 years. The hit-and-run Florida accident attorneys at Farah & Farah remind everyone not to drive drunk or even buzzed. Name a designated driver and if an accident does occur, never, ever leave the scene.

Source: http://jacksonville.com/news/crime/2011-09-30/story/i-was-coward-says-driver-atlantic-beach-hit-and-run-killed-pilot