March 10, 2010

Fort Myers Man Ejected From Truck

A 20-year-old Fort Myers, Florida, man lost control of his truck on Interstate 75 and lost his life. The Florida Highway Patrol reports that the man was heading south at a high rate of speed when the vehicle hit a curve north of the Bayshore Road exit. Because of the speed, the 20-year-old’s vehicle skidded onto the west side of the highway and then overturned four times. The young driver was ejected when his driver’s door opened. Despite the fact that he was wearing his seat belt, he was pronounced dead at the scene.

Our condolences go out to the family of this young driver.

Young Driver Traffic Statistics
According to the National Highway Traffic Safety Administration, young drivers, ages 15-to-20, represent 9 percent of the U.S. population in 2007, and 6 percent of the licensed drivers. But they also represent 19 percent of the fatalities in the United States in 2007.

Approximately two-thirds of the people killed in fatal young-driver crashes are the young drivers themselves or the passengers (of all ages) of the young drivers.

Of the passengers killed riding in vehicles with young drivers, 67 percent are in the same 15-to-20-year-old age group as the drivers. And 56% of the fatal crashes and 57 % of the fatalities involving young drivers occur on rural road-ways.

Continue reading "Fort Myers Man Ejected From Truck" »

March 9, 2010

Driver Arrested at Orlando International for Vehicular Manslaughter

A 24-year old driver was arrested at Orlando International Airport Tuesday, January 12, 2010 and accused of causing a crash that killed two women in 2008. Authorities had “flagged” his passport after he went to Lebanon last year. The man is facing two counts of DUI manslaughter and two counts of vehicular homicide for a July, 2008 crash that killed a 20-year-old woman and a 19-year-old woman.

The driver was trying to reenter the country when he was arrested on an active warrant. He is being held in jail since FHP considers him a flight risk.

Vehicular Manslaughter
The two young women were traveling north on Dean Road after leaving SR 408 exit, according to the Florida Highway Patrol. The man reportedly had a blood alcohol level of .085 when he ran a red light driving his 2008 Infinity south on Dean road. He was speeding according to troopers, going 68 mph in a 45 mph zone. The speed literally split the Acura in two, killing the two women at the scene.

Friends of the male driver say he was not leaving the country to avoid prosecution, but to visit his relatives. Our condolences go out to the families of these two girls who have had to wait for justice for so long.

Florida Accident Statistics
Florida drivers ages 15 to 19, have the highest rate per 10,000 licensed drivers of crash involvement (399.04) and drivers 20-24 have the highest rate in fatal crashes (4.24), according to 2008 statistics from the Florida Highway Patrol.

Continue reading "Driver Arrested at Orlando International for Vehicular Manslaughter" »

March 8, 2010

Emergency Response to Miami Bike Accident Delayed Because of Budget Cuts

Some budget changes apparently are needed in Miami. But budget cutbacks have also cut back the response time of emergency personnel. In this case, a bicyclist was hit by a car on the busy South Florida causeway into Key Biscayne Sunday, January 17. The car was driven by a man who is facing DUI manslaughter charges. His driving record has previous incidents and he has been accused of battery. But it took rescue personnel 12 minutes to respond. The nearest fire rescue station at Key Biscayne is only opened part time. So Miami-Dade sent rescue personnel from its open station, which is in South Miami, which explains the 12 minute wait.

Unfortunately. that time was too much for the cyclist who did not survive the crash. Both Key Biscayne and the City of Miami Fire Rescue are closer to the scene of the accident. The family issued a statement, “Lives were changed forever, and two families are grieving and going through an extremely difficult time.” The county is launching an investigation.

Our sincere condolences go out to the family of the affected individual. The response time is a strong factor in survivability of a bicycle crash with an automobile.

Florida Bicycle and Passenger Fatalities
While bicycle and passenger fatalities decreased 2.5% from 121 to 118 in 2008, 118 bicyclists were killed in 2008 in Florida. There were also 4,380 injuries during that time period from 4,775 crashes. Unfortunately, car drivers will often tell you they did not see a bicyclist or a motorcycle. That is often because they are not looking.

Continue reading "Emergency Response to Miami Bike Accident Delayed Because of Budget Cuts" »

March 4, 2010

19-Year-Old Killed in Daytona from Flat Tire, Rollover

A 19-year-old from Atlantic Beach near Jacksonville suffered fatal injuries when the pickup truck in which he was riding got a flat tire and rolled over. The crash happened Thursday afternoon, January 14, 2010 at about 4:15 p.m. on Interstate- 95 and LPGA Boulevard in Daytona Beach.

The teen was one of two passengers ejected from the vehicle, a 2005 Ford, after the driver lost control and the car went into the grass median before overturning twice. He was not wearing a seat belt. The other passenger, a 21-years-old, also of Atlantic Beach, was not wearing his seat belt and was hospitalized. The 29-year-old driver from Atlantic Beach was wearing a seat belt and sustained minor injuries.

Our prayers go out to the family members of the young man who did not survive and the other injured man who was taken to Halifax Health Medical Center in Daytona Beach and is recovering. We wish him a speedy recovery.

Florida’s New Seat Belt Law
Many people argue that they should not have to wear a seat belt if they do not want to and they refuse to buckle up. The National Highway Traffic Safety Administration reports 20% of drivers are still not buckling up.

Continue reading "19-Year-Old Killed in Daytona from Flat Tire, Rollover" »

March 2, 2010

OSHA Recommendations for Late-Night Workers

The Occupational Safety and Health Administration (OSHA) has updated its guidance for people who work late-night in retail establishments due to the number of people killed on the job. According to federal statistics, 167 retail trade workers were killed behind the counter in 2007 with nearly half working in gas stations, liquor and convenience stories. 39 were killed in convenience stores, 32 worked at gasoline stations, and seven worked at liquor stores. And while retail outlets experience a disproportionate amount of violence in the workplace, those premises that made any changes to improve conditions is fewer than 2%.

The only good news to report here is that the number of retail workers who died at workplace violence has declined over the past 10 years from 286 in 1998 to 167 in 2007. OSHA recently updated its guidance report, Recommendations for Workplace Violence Prevention Programs in Late-Night Retail Establishments, which was published in 1998. The updated Recommendations identify risk factors and feasible solutions.

Under the Occupational Safety and Health Act of 1970, all employers are required to provide a safe and healthful workplace for their employees. Otherwise, someone injured on the job through no fault of their own, may have a premises liability case against the owner of the place of business.

In terms of other types of dangers on the job, OSHA reports that 5,071 workers died on the job in 2008. Employers under federal law are required to report any work-related deaths or in-patient hospitalization of three or more employees to their OSHA area office or call OSHA toll-free at 1-800-321-6742.

Source report: http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=NEWS_RELEASES&p_id=17115

March 1, 2010

Truck Crash Kills Merritt Island Woman

A 24-year-old Merritt Island, Florida woman was killed when the truck she was riding in was struck by an oncoming truck on South Tropical Trail. According to the Florida Highway Patrol, the young woman was pronounced dead after the crash, which happened at 5:36 a.m. near Crooked Mile Road.

Traffic investigators say the woman was riding in a 2001 Toyota truck driven by a 26-year-old man from Orlando. According to troopers, the motorist was speeding north on South Tropical Trail. He overcorrected when he drove onto the shoulder of the road, veering into the path of a southbound 1997 Ford truck. A 45-year-old Merritt Island resident was driving the Ford. Both she and the driver were taken to the hospital with serious injuries. The crash is under investigation and charges are pending.

We offer our condolences for family and friends of the young woman and our prayers for a full recovery for the injured parties.

Speeding Vehicles Cause Accidents
We do not know the specific causes of this accident or who will be held responsible. But we do know that speed kills. Federal statistics from 2008 indicate that speeding is one of the most prevalent factors in traffic fatalities. The National Highway Traffic Safety Administration says speeding was involved in about 31% of fatal crashes in 2008, causing 11,674 deaths.

Continue reading "Truck Crash Kills Merritt Island Woman" »

February 25, 2010

Gainesville Birth Injury and Hospital Malpractice Lawyers

The city of Gainesville, Florida, is the largest in Alachua County with an estimated population of 114,375 and also is home to one of the biggest national universities, the University of Florida. Gainesville scenery is highly regarded, according to the 2007 edition of Cities Ranked and Rated, which named it the #1 place to live, and National Geographic Adventure noted it as one of the “best places to live and play.” As a top city and an education landmark, the Gainesville community may be publicly regarded as a safe environment. However, from time to time, incidents of hospital malpractice in Gainesville take place in which birth injury may be a result.

A birth injury is one of the most grief sustaining incidents that no family should every have to experience, especially when a family is under the impression that they can trust professional medical staff to provide adequate hospital care. When a hospital official, physician, or nurse practitioner fails to handle a critical birthing situation, the newly born baby may sustain serious health problems, mental defects, physical disfigurement, or even death under the most traumatic circumstances. In addition to the baby potentially suffering from medical negligence, the mother may also endure serious harm as well. In such conditions of suffering from the improper care of a negligent professional, a family may want to seek the help of a skilled Gainesville birth injury lawyer to find out their legal rights and possible options for compensation.

Not only is birth injury an unfortunate occurrence, but hospital malpractice is a serious form of negligence that causes people seeking treatment unnecessary physical pain and avoidable emotional grief. Common forms of hospital malpractice include improperly prescribed drugs, misdiagnosis, error during surgery, and even ignoring a patient in a desperate condition. Though a doctor or staff member may have caused irreversible errors, these parties may be held liable for any pain, expenses or unfulfilled responsibilities as medical professionals.

Farah and Farah personal injury attorneys have been working with families and the victims of medical malpractice and birth injury for several years and have the experience necessary to help protect the rights of mistreated patients. If you or a family member has experienced financial, emotional, or physical grief or loss due to medical malpractice or birth injury, contact the Gainesville offices of Farah and Farah for a free and confidential consultation:

(352) 375-3393
2233 NW 41st. St.
Suite 700-1
Gainesville, FL 32605

February 25, 2010

Tallahassee Man Killed in I-10 Semi Truck Crash

A Tallahassee, Florida man died on January 9, 2010, when he crashed into the rear of a semi-tractor-trailer rig on I-10. The 48-year-old man was traveling on I-10 just west of SR 77 near Chipley in Washington County.

The Florida Highway Patrol says he was heading east just before noon when he hit the rear of the tractor-trailer. The driver of the truck said he was on cruise control at 68 mph when he felt a large explosion. When he looked into his rear view mirrors all he saw was dust and debris. The 48-year-old man’s vehicle was actually stuck under the trailer rig. The man was pronounced dead at the scene by paramedics from Washington County.

Our condolences go out to the family of this motorist.

When a fully loaded tractor-trailer weighing in at over 80,000 pounds collides with an automobile weighing about 3,000 pounds, even if it is a rear-ender, 98 percent of the fatalities occur to people in the passenger vehicles. It sounds as though there was nothing the driver of the big-rig could have done to be safer on the road.

Distracted Driving
Almost weekly we are reporting about people who collide into the back of the vehicles. Dialing a cell phone and texting can contribute to distracted driving. But also, reaching into the back seat, changing the radio, having an argument in the car, and being sleep deprived, may all contribute to a less than safe driver.

According to a study by Virginia Tech last year, dialing a cell phone made the risk of crash or near-crash event 2.8 times as high as non-distracted driving; while talking or listening to a cell phone made the risk of crash or a near-crash event 1.3 times as high as non-distracted driving; and reaching for an object such as an electronic device made the risk of crash or near-crash event 1.4 times as high as non-distracted driving.

In Florida, there were 243,342 traffic crashes in 2008, which averages 665 per day. The type of crash, rear-ending the vehicle in front, tops the list of types of crashes, according to the Florida Highway Patrol in its 2008 statistics. In that year, there were more than 29,000 car accidents in Florida of this nature that resulted in more than 74,000 injuries and 318 deaths.

Nationally, NHTSA finds that at least 25% of police-reported crashes involve some form of driver inattention. That means more than 4,300 crashes each day across the country. And many suspect that estimate is low.

Source article: http://www.wjhg.com/home/headlines/81075122.html

February 17, 2010

More Fatal Auto Accidents on Florida's Rural Roads

This may come as a surprise to many but it appears that rural roads have more traffic fatalities than the nation’s highway system.

This information comes from the National Highway Traffic Safety Administration. With about 23 % of the population living in rural areas, 56% of the nation’s 37,261 traffic deaths occurred on rural roads, according to NHTSA. That is almost six in 10.

The difference may be explained by the fact that while there are more crashes in urban areas, fewer of them result in fatalities.

Why do more crashes in the country lead to fatalities? One reason may be that drivers are traveling faster on rural roads. They are not as well-engineered as urban highways. And an emergency responder may take longer to get to you, decreasing the chances of survival. For example in Montana, the average response time is about 80 minutes.

37% of car accident fatalities in Florida occurred on rural roads or 1,113 fatalities, compared with 2,978 statewide in 2008.

Continue reading "More Fatal Auto Accidents on Florida's Rural Roads" »

February 15, 2010

Attorney Calls for Charges and Changes in Crosswalk Laws

The tragic death of a 6-year-old Jacksonville girl, hit by a car while she was in a pedestrian crosswalk, has sparked calls for justice. The attorney for the family of this young child wants to know why the driver of the truck that killed the girl wasn’t charged in the accident. And he wants changes in the law to correct what he calls dangerous, but common, misperceptions about crosswalks.

Reconstructing the Accident
According to the Florida Times Union, on December 21, 2009, the young girl, her mother and her 5-year-old brother were crossing San Jose at Kori Road and were only halfway to the median when the light at the intersection changed. All three were hit by a truck whose driver was not cited in the accident. The 6-year-old girl was killed; her brother was not injured, but her mother’s leg and some ribs were broken. The Jacksonville Sheriff’s Office has declined comment on this story.

This is a sad story about the senseless death of a small child. Our prayers and sympathy go out to the family as they try to recover from this tragedy.

The Law Protects Pedestrians
According to the Florida Department of Highway Safety and Motor Vehicles, 16.8% of all traffic fatalities in 2008 were pedestrians. 500 pedestrians were killed in pedestrian accidents on Florida highways in 2008. More than half (308) were killed while crossing a street. While not all those fatalities involved pedestrians in crosswalks, the law is clear that all motorists must yield to pedestrians regardless. According to the Florida Driver’s Handbook, it is “the motorist’s responsibility to do everything possible to avoid colliding with pedestrians” (Section 3.6).

The family’s attorney says pedestrians in crosswalks are in danger because of confusion not only about right-of-way but also of how crosswalk buttons function. He says most people think pushing the button at a crosswalk causes the traffic lights to cycle. This is wrong. He says pushing the button instead serves to extend the cycle, giving pedestrians more time to cross the street. In the case of this young girl, the button was not pushed, so the green light was much shorter and the family got caught in the middle of the street.

Continue reading "Attorney Calls for Charges and Changes in Crosswalk Laws" »

February 12, 2010

Motorcyclist Killed in Brooksville

A 55-year-old Kissimmee man died Sunday afternoon when he lost control of the motorcycle he was driving. The St. Petersburg Times reports the accident happened just west of Brooksville near B.W. Stevenson Road. According to the Florida High Patrol, the man was traveling east on Cortez Boulevard. He lost control of his 2000 Harley-Davidson motorcycle on a curve, hitting a concrete median and a reflective pole before the bike left the highway. The man was thrown from the motorcycle. Hernando County Fire Rescue pronounced him dead at the scene. The FHP said the man was not wearing a helmet. It’s unknown whether alcohol was a factor in the accident.

Our condolences for the loss of this man go out to his family and friends.

Motorcycle Accident Statistics
According to Florida Highway Patrol statistics from 2008, there were 9,618 motorcycle crashes that year. 17.8% of all traffic fatalities affected motorcycle drivers and their passengers. While the number of these fatalities was down from 2007 by 3.3%, 532 motorcyclists and passengers were killed in 2008. 45% of those victims were not wearing helmets.

Helmets Save Lives
In July, 2000, the State of Florida passed a law exempting adult motorcyclists (21 and older) from wearing helmets as long as they had medical insurance in the amount of $10,000. According to a study published in 2004 in the American Journal of Public Health, motorcycle occupant fatalities increased by more than 20% the year after the law was changed. Study author, Andreas Muller, PhD, concludes that “exempting adult motorcycle riders from wearing motorcycle helmets is counterproductive for motorcyclists’ health and unnecessarily increases insurance and medical care expenses.”

Continue reading "Motorcyclist Killed in Brooksville" »

February 10, 2010

Over Correcting Leads to Two Dead on U.S. 1

Two women were killed Wednesday, January 6, 2010 in Hobe Sound Florida near Stuart, Florida in a two-car collision. The accident occurred around 1 p.m. involving a northbound silver Saturn, driven by a 52-year-old woman and a southbound red Mercury van driven by 73-year-old woman.

The Florida Highway Patrol reports the Saturn overcorrected after veering off of the side of the divided highway of U.S. 1. The car then careened over the center median and into the southbound traffic lanes where the Saturn was struck by the oncoming van. Both vehicles reportedly came to a stop in the middle of the southbound lanes. One of the drivers was pronounced dead at the scene and the other motorist died a short time later.

Our condolences are extended to the families of these two women. In just a moment their lives were extinguished. We are very sorry for your loss.

Construction Hazards on our Roads
We have no more on this accident such as the road condition and whether the individuals involved were wearing seat belts. We do know there is a great deal of road work underway on U.S. highways which contribute to highway deaths. The fact that one driver overcorrected indicates she experienced a drop off the side of the road.

In a recent article in the New York Times, entitled “Efforts Lag to Improve Safety at Work Zones,” reporters note that pavement edge drop-offs are a real hazard that result from so-called road improvements.

Accidents involving road drop-offs kill about 160 people every year and injure 11,000. The edge of a road is supposed to gradually decline into the dirt, but numerous studies have shown that steep drop offs occur when a roadway has not been finished properly or is in the process of being improved. That presents a danger to motorists who tend to overcorrect when they suddenly drop off the edge of a roadway.

In Texas in 2002, seven people were killed when the driver overcorrected into the path of a minivan. It turns out contractors had failed to smooth out the edge of a newly paved lane.

Continue reading "Over Correcting Leads to Two Dead on U.S. 1" »

February 9, 2010

St. Augustine Birth Injury and Hospital Malpractice Lawyers

St. Augustine, Florida is sometimes referred to as the “nation’s oldest city” since it is home to the oldest port in the continental United States. With an estimated population well over 12,157, St. Augustine is widely known for its lovely beaches, classic architecture, and museums that reflect the life and culture of early Spanish explorers who settled in the area. St. Augustine is also a popular tourist spot in Northern Florida. Considering all that St. Augustine has to offer and its continuous growth in population, it is an unfortunate reality that birth injury takes place from time to time due to medical negligence or hospital malpractice.

A birth injury can have overwhelming consequences for a family to endure. If a medical professional fails to act efficiently and in a timely manner during the birthing process, a newborn baby may suffer serious health problems, scarring, disfigurement, and even death. The mother may also be at risk of suffering harm or injury if a doctor or nurse acts negligently. After a birth injury, a family has a lot on their mind and only wants what is best for their baby. During such challenging times, some families may find it beneficial to seek legal counsel from a skilled St. Augustine birth injury attorney who can help fully explain their legal rights and options if that is what a family decides is best for them.

Hospital malpractice may occur when a doctor, nurse, staff member, pharmacist, or technician causes a patient to suffer injury through negligent or improper treatment or care. Misdiagnosis, surgical error, abuse, and failure to treat a patient, and incorrect administration of drugs or treatment are a few examples of frequent incidents of hospital malpractice. If hospital malpractice or negligence causes an innocent patient to suffer injury, illness, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in St. Augustine, please contact the experienced Florida personal injury lawyers at Farah and Farah. We have worked vigilantly for many years protecting the rights of injury victims and their families. Farah and Farah has achieved successful outcomes for our clients in birth injury and hospital malpractice litigation. We can help you. Get in touch with Farah and Farah today at our St. Augustine office for a free and confidential consultation:

(904) 797-7977
1301 Plantation Island Drive
Suite 206A
St. Augustine, Florida 32080

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February 3, 2010

2010 Highway Safety Report

The 2010 Roadmap to State Highway Safety Laws report is out.

Published by the Advocates for Highway and Auto Safety, a coalition of insurance, consumer, health, safety and law enforcement organizations that promote safer roads and highways, it shows that promoting 15 model laws could save lives on our highways and roads. States are graded on their performance in adopting and maintaining model traffic safety laws. The report concludes that not one state has enacted all of the recommended laws. They include:

  • Adult Occupant Protection – Seat belt enforcement and all-ride motorcycle helmet laws.

  • Child Passenger Safety – Child booster seat law requiring children ages 4 through 7 be placed in a booster seat.

  • Teen Driving Graduated Driver Licensing – This phases in full driving privileges in a three-state process and allows for primary enforcement of the law.

  • Impaired Driving - Drunk drivers would face an ignition interlock device if they have violated the law in the past. There would be mandatory blood alcohol testing in fatal crashes and an open container ban.

  • Distracted Driving – A ban on text messaging for all drivers unless there is an emergency.

There are almost 40,000 fatalities and 2.3 million injuries at a cost of $230 billion every year.

Every day 102 people were killed on the streets and highways while more than 6,000 are injured.

Continue reading "2010 Highway Safety Report" »

February 2, 2010

Orange Park Birth Injury and Hospital Malpractice Lawyers

Situated in Northeast Clay County, the city of Orange Park is a suburb of Jacksonville, Florida. Orange Park has an estimated population of over 180,000 and has a high population density. In attracting visitors and new residents to its thriving community which is rich in history, Orange Park is a bustling region of Florida.

When taking Orange Park’s large population into consideration, birth injury has been known to occur due to the negligence of medical professionals or as the result of a different form of hospital malpractice. During such challenging times, families may find it helpful to seek legal guidance from experienced Orange Park birth injury attorneys who can help explain their legal rights and options.

Although birth complications and injuries are typically rare, they unfortunately occur more often than most Orange Park residents would like to believe. If a medical professional does not act in a timely manner or if a doctor fails to detect a problem or condition that they are supposed to be able to identify, a newborn baby may suffer severe health problems, scarring, disfigurement, or even death.

Birth injury is not the only form of hospital malpractice, but it can cause some of the most devastating consequences for a family to endure. However, no matter what an individual’s age or medical condition, he or she expects to be given quality medical care from a doctor, nurse, or other professional who is required by law to be adequately trained. If hospital malpractice or negligence causes an innocent patient to suffer harm, injury, or death, those responsible for such action and poor treatment may be held legally and financially accountable.

If you and your family have experienced a birth injury or another form of hospital malpractice in Orange Park, please contact the skilled personal injury lawyers at Farah and Farah. We have been protecting the rights of injury victims and their families for many years and know what it takes to reach a successful outcome in birth injury and hospital malpractice litigation. Get in touch with Farah and Farah today at our Orange Park office for a free and confidential consultation:

(904) 264-0700
1534 Kingsley Avenue
Orange Park, Florida 32073


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January 27, 2010

Young Woman Killed in Single-Car Wreck

A single-car wreck in Jacksonville has left one person dead and three injured, including a baby. None of the automobile occupants was wearing a seat belt. The accident happened on Edgewood Avenue and Valley Forge Road Monday morning.

Police report that the three people were heading west when their vehicle suddenly hit a sign and a telephone pole about 6 a.m. and then went airborne, during which time all three occupants were ejected. A 20-year-old woman was taken to Shands Jacksonville where she was pronounced dead.

We know there was fog on the road at the time of the accident and the roads were wet. The Jacksonville Sheriff’s Office is asking for any witnesses to help with information on the case by calling 904-630-0500, or call Crime Stoppers at 866-845-TIPS and you can remain anonymous.
In an accident, the insurance company for the other side will argue that there should be little or no liability because the individuals were not wearing a seat belt. The driver’s attorney can argue that wearing a seat belt in this case would not have increased the chance for survival or avoiding injury.

In 2008, The Florida Highway Patrol reports that there were 1,795 traffic deaths of drivers and passengers in the state, 60% or 1,085 of these people were not wearing their seat belts.

And 68 % of the children up to age 17 killed in auto accidents in Florida last year were not using safety equipment such as seat belts or child restraint systems.

Continue reading "Young Woman Killed in Single-Car Wreck" »

January 20, 2010

Jacksonville Child Killed in Crosswalk

A six-year-old Jacksonville girl didn’t stand a chance when she was hit by an SUV in a Jacksonville crosswalk Saturday morning. Her mother was pushing a stroller with her five-year-old disabled brother crossing San Jose Boulevard near Kori Road. The three were in the furthest southbound lane when the light turned green and a SUV pulled ahead and hit the little girl, killing her at the scene. Her 38-year-old mother was hospitalized with non-life threatening injuries including a few broken ribs and a crushed ankle. The brother was not injured.

First Coast News reports that teddy bears and candles have been placed in the area of the traffic pole marking the accident scene.

The family attorney says the family didn’t have enough time to get across the busy San Jose Boulevard Saturday when she was hit. When Channel 4 tried the crosswalk, they found that if you hit the cross button, it gave you 45 seconds before the light turns green. If you don’t hit the button, it gave you 30 seconds - far too short for the busy road. While it is unclear when the family entered the crosswalk, that really doesn’t matter. State law says the pedestrian has the right of way the entire time they are in the crosswalk, as long as they enter the crosswalk with the walk light. An attorney for the family says it is clear that the family didn’t have enough time to cross the six-lane street.

That puts the burden of proof on the family attorney to prove that the city was not following the mandate for crosswalks and pedestrian safety.

Continue reading "Jacksonville Child Killed in Crosswalk" »

January 18, 2010

Roman Shades Recall

A mother says in an interview that she's been waiting for this day to come ever since her one-year-old daughter was strangled by a home window blind cord in June 2002. That’s when she tucked twins into baby blankets in their cribs. One of the twins accidentally strangled herself by looping an inner cord within the window blinds around her neck.

Since the twin’s death, the mother has formed Parents for Window Blind Safety, lobbying the federal government for a recall of the dangerous blinds.

This week, the federal Consumer Product Safety Commission (CPSC) announced one of the biggest product recalls in U.S. history, working with industry to recall all Roman-style shades and roll-up blinds with cords because of the risk of strangulation.

That includes more than 50 million blinds and shades from multiple manufacturers. The CPSC Web site has pictures of the various blinds that are involved in the recall. Basically whether a roll-up shade or a Roman shade, both have visible cords that can be pulled out from inside the folds on the blinds. For some toddlers, that is too much temptation to resist.

The CPSC has received reports of five deaths among children and 16 near-strangulations from fabric-looped Roman shades since 2006. Three deaths associated with roll-up blinds have been reported since 2001.

Continue reading "Roman Shades Recall" »

January 13, 2010

Rottweiler Kills Toddler

A 20-month old little Florida boy was attacked and killed by a Rottweiler after dropping his cookie on the floor, according to law enforcement authorities in New Port Richey, Florida. The baby was visiting his aunt’s home during a party Saturday night. The boy went to grab the cookie when the dog went for him.

Panicking, family members tried to pry the dog off the child, but it was too late. He died in the hospital. Animal control took the dog, which under law they have to keep for 10 days during which time the owner may request a hearing.

When a dog is in the hands of animal control and they are considering putting him up for adoption, one of the tests is to see if he is food aggressive. They try and remove the food while the dog is eating. If the dog goes for the person, he is considered unable to be put up for adoption.

Surely the owners of this dog would have known they had a problem with a large animal that had food aggression. Nonetheless, our hearts go out to this family for their tragic loss.

Generally, the owner of an aggressive dog that bites a person is liable for damages suffered by persons bitten. However, if there is any negligence or contribution by the person bitten, it reduces the liability of the owner. For example, if you are trespassing and are bitten by the dog that is there to protect the property, the liability of the owner is reduced. If a child provokes the dog, it could be considered the cause of the accident, reducing his recovery of damages.

However, if the child is under the age of six, it is presumed he is incapable of committing such negligence. Parents still have the responsibility of controlling and adequately supervising their child. If they fail to do so, it too could reduce the compensation payable by the dog owner if there is a bite.

Continue reading "Rottweiler Kills Toddler" »

January 7, 2010

Woman Dies From Runaway Prius

A woman driving in the Middleburg community near Jacksonville was fatally injured Sunday after being involved in a two-vehicle accident, according to the Florida Highway Patrol.

The 67-year-old woman from Venice, Florida was initially hospitalized in critical condition. The accident occurred on Blanding Boulevard at County Road 215. Investigators believe that she drove her Toyota Prius into the path of a southbound Ford SUV, failing to stop at both a stop sign and a flashing red light. The accident happened about 5:15 p.m. so it was still light enough to see. The SUV was driven by a Jacksonville man who suffered minor injuries.

Both individuals were wearing their seat belts. The woman died at Shands Jacksonville hospital.

The Toyota Prius has had its problems with unintentional acceleration.

While the story here does not say if that was a problem it certainly should be considered as part of any investigation. Other drivers have found themselves behind the wheel of the accelerating Prius they have no control over and have reported the incidents to the National Highway Traffic Safety Administration.

Continue reading "Woman Dies From Runaway Prius" »

January 4, 2010

Teen Driver Dies after Family Drives Into Pond

Cheerleaders didn’t feel much like cheering Saturday but members of the River City Rockets team did so anyway for their late team mate.

The 14-year-old and her mother were both killed in a family accident this week. The young girl was trying to park the family GMC Yukon in an Orlando parking lot when the large SUV suddenly lurched forward and fell into a retention pond landing on its roof. Her mother was killed instantly, the girl after the accident. Three other family members got out alive.

“The driver didn’t stop or the vehicle’s brakes didn’t work,” said Trooper Jorge Dedlahoz at the time.

The 14-year-old had been on life support as well at an Orlando hospital but she never recovered. The ninth-grader at Darnell-Cookman Middle /Senior High is being remembered by friends as sweet and smart. The cheerleaders wore bright colored socks in her honor.

The 14-year old girl’s mother never made it out of the vehicle. Divers found her some time later. But the girl’s sister, who is 3-years-old, remains on life support. The mother’s fiancé and his teenage child managed to get out of the vehicle suffering minor injuries.

Continue reading "Teen Driver Dies after Family Drives Into Pond" »

December 30, 2009

Family Crashes SUV into Orlando Pond

A Jacksonville woman died when her SUV plunged into a pond in Orlando Saturday afternoon.
She has now been identified as a 35-year-old. Her fiancée was in the car as were two girls. The girls were both hospitalized in critical condition, the fiancée and a 13-year-old suffered minor injuries.

It’s still a mystery how this accident happened. The 2004 GMC Yukon was in the parking lot at the Floridays Resort off South International Drive. For some reason it jumped a curb, went through a fence and overturned after plunging nine feet into the pond.

Orange County deputies rescued the two girls while the others got out of the vehicle themselves. The woman, however, was found hours after the crash. Police have not yet determined who was behind the wheel of the Yukon when it went into the retention pond.

A terrible accident this time of year - the family is in our prayers and we will think of the girls still hospitalized. Police say alcohol was not a factor in this crash and no charges have been filed. There is no word whether anyone was wearing their seat belts.

With all of the water around Florida, the worst nightmare of many is to lose control of your vehicle and plunge into the water. It rarely happens, but if you are wearing your seat belt you, increase your chances of survival. Without a seat belt, you increase your chances of being knocked unconscious, hitting your head on a dashboard for example.

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December 28, 2009

Motorcycle Crash

A Sarasota man has died after a motorcycle wreck in Jacksonville this week.

The 40-year-old was hospitalized after the wreck on New Berlin Road in Jacksonville on Tuesday.

The man reportedly lost control of his Kawasaki, while traveling north around 2:15 p.m. He was wearing a helmet say police and there were no other vehicles involved in the crash. The man hit a guard rail and was thrown from the bike. He was pronounced dead at the hospital Thursday night.

In another motorcycle accident in Jacksonville a motorcycle and car collided Thursday night. A 59-year old man was on his Harley when it collided with a Honda Civic at New Kings Road and I-295. Police report the vehicle turned in front of the motorcycle as it was attempting to enter I-295. The rider was thrown from the motorcycle. He was not wearing his helmet. He is listed in critical condition at Shands. The driver and passenger in the Civic were wearing their seat belts and were not injured.

Continue reading "Motorcycle Crash" »

December 21, 2009

18-year-old Dies in St. Augustine Collision

She was just 18-years old. A young woman from St. Augustine and another teenager were killed Sunday night when the truck they were riding in collided with an ambulance.

It all happened on U.S. 1 near The Avenues Mall. At about 8:20 p.m., the 18-year old woman was riding in the middle of the front seat in a friend’s Chevy Silverado. The former Bartram Trail High School student was not wearing her seat belt, probably because there is not a belt for three people in the front.

Suddenly their truck collided with an ambulance. Law enforcement on the scene was not sure who had the right of way.

The young woman was pronounced dead at Shands Jacksonville. The driver of the truck, a 19-year-old, was also pronounced dead at the hospital Monday night. The other front seat passenger, a 17-year-old from Jacksonville was in critical condition at Shands. The two passengers in the rear were in serious condition. The four others in the pickup truck were not wearing their seat belts either, according to the Florida Highway Patrol.

Our prayers go out to the families of the two young people killed. The 18-year-old had left high school in 2006 and was in school to become a nurse. Her Facebook and MySpace shows that this beautiful young woman was full of life and loved by many. Many people say they felt blessed to have known her.

Continue reading "18-year-old Dies in St. Augustine Collision" »

December 18, 2009

Tip-Over Injury Warning - CPSC

The U.S. Consumer Product Safety Commission is warning parents and caregivers about the dangers to young children from furniture in the home that is not properly secured and leads to tip-over deaths. It happened in Jacksonville this year when a young girl reached for a toy on the top of a television just resting on a stand. It toppled over onto her killing her. She was just one of about 134 tip-over deaths reported to the CPSC in recent years. More than 16,300 children under the age of five were treated in emergency rooms in 2006 because of tip-over hazards.

Some parents may not think that an unsecured television, furniture, or appliances could be a hidden hazard, but they are and they exist in almost every room.

“The most devastating injuries resulting from furniture tipping on children are injuries to the brain and when a child is trapped under a heavy piece of furniture and suffocates,” according
to Dr. Gary Smith, who is Director of the Center for Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio.

Continue reading "Tip-Over Injury Warning - CPSC" »

December 17, 2009

Pharmacies Fear Lawsuits Over Drug Abuse

A petite 35-year old woman was a doctor’s office receptionist with a problem.

After purchasing nearly 4,500 doses of painkillers in one year, she got behind the wheel of a Dodge Durango on June 4, 2004 and weaved in and out of traffic before plowing into a man who had helped repair a flat tire on the side of a highway. The 21-year-old young man was killed at the scene. She also hit a 33-year-old man who was helping the other individual. He was injured. The female driver was not.

A lawsuit filed by the families of these afflicted men is pending in the Nevada Supreme Court. It charges that Wal-Mart Stores, CVS, and Walgreen Co. need to be held liable when they do nothing to curb prescription drug abuse.

It’s a precedent setting case that puts all pharmacies on alert. Typically pharmacies have been sued for providing the wrong prescription drug. The pharmacy industry predicts higher prices for all if litigation is allowed to hold them responsible for filling valid prescriptions.

It’s not unlike the situation with bartenders. They too can be held liable if a customer is served too much alcohol and doctors have been sued for failing to warn patients not to drive after taking certain medications.

Under Nevada law, pharmacies share prescription information among doctors, other pharmacists and law-enforcement officials in a database that is reported each month. It’s all intended to track potential drug abuse, such as that by Copening. It is reported to a Prescription Controller Substance Abuse Prevention Task Force which is supposed to send a form letter to the pharmacies the patient has visited to help get the patient into treatment after encouragement by the pharmacist. It sounds like a good intention, but has put pharmacists on the hot seat.

Continue reading "Pharmacies Fear Lawsuits Over Drug Abuse" »

December 15, 2009

Rhinos, Rollovers and Death

A 14-year-old from Mississippi was killed Saturday in Laurel Hill, Florida while racing at a motocross park in an all-terrain-vehicle, or ATV. The accident happened at the West Florida Motocross Park in Walton County. Witnesses say that the ATV flew into the air after the driver topped a hill, throwing him over the handlebars and onto the ground. At that point, the ATVcrashed on top of him with such force that it split his helmet in half. He was pronounced dead at the hospital.

As Christmas approaches, many parents might think getting an ATV for the kids is a good idea. Think again. Recently a five-year-old was killed in South Carolina, a 15-year-old girl in North Carolina, and a three-year-old boy in central Wisconsin. A 15-year-old from Georgia was killed when he lost control of an ATV and crashed in rural Chattooga County. While ATVs were developed as a fun sporting three-wheel vehicle for hunters and outdoor enthusiasts, the next generation - the four-wheel version – includes the Yamaha Rhino side-by-side or SXS.

It has two bucket seats, an open cage with roll bar and no doors. The Rhino is a particularly dangerous type of ATV. Described as a “golf cart on steroids,” and a width of 54 inches and a high center of gravity, it is particularly prone to tip, even on flat surfaces or turning at slow speeds.

It’s fair to say this is an example of the tail wagging the dog. The Rhino SXS is new to the market and government regulations have not caught up with design. Classified as a recreational off-highway vehicle, or ROV, it is in a largely unregulated category of vehicle, not low speed, and not cars, and not exactly ATVs because it can go up to 40 mph.

CBS News tells the story of a young mother who went for a ride in the Yamaha Rhino in November 2005. Her husband sat next to her and their 2-year-old was in the back. Traveling down a rocky road in Arizona, the woman tried to turn left and flipped the Rhino causing it to roll onto the driver’s side. The woman hit her head on the roll cage and died instantly. Her husband suffered three skull fractures, while their boy was okay.

Continue reading "Rhinos, Rollovers and Death" »

December 11, 2009

Off-Road Vehicle Increased Oversight

Because of Florida’s weather, we are a perfect place for off-road vehicles.

There are two-passenger motorized vehicles designed for drivers 16 and older that look like a golf cart, go a lot faster, and with a roll cage, resemble a miniature Jeep. Known as ROVs or off-road recreational vehicles, the consumer Product Safety Commission has decided that these vehicles have so many potential problems that mandatory rules will be written to oversee the vehicles.

This comes after more than 100 deaths since 2003, many of them teenagers and young children.

The makers of ROVs proposed their own voluntary regulations, but the CPSC says they fell short. The Consumer Federation of America believes that the industry has been dragging its feet even when facing well-documented hazards caused by these products.

Continue reading "Off-Road Vehicle Increased Oversight" »

December 9, 2009

Teen Found and Charged in Hit and Run

An 18-year-old who struck and killed a pedestrian drove off Monday night only to be caught by the Florida Highway Patrol three hours later. The male teen was taken into custody for leaving the scene of an accident.

The 65-year-old pedestrian from Jacksonville was found unresponsive at the scene of Timuquana Road and Seaboard Avenue where he had been walking on the side of the road. He died at the scene.

Law enforcement had a good clue where to look for the hit-and-run driver because troopers found a portion of a headlight and side-view mirror from a Ford F-150 pickup truck.

No word on how they found the male driver, but it was good work on their part. The teen driver is now jailed with bond set at $100,000.

If hit by a car going 40 mph, a pedestrian has an 85 percent chance of dying, so when striking someone with a car, it is almost certain there is some injury. To leave that pedestrian in the street with no idea of the extent of injuries or to potentially leave a fatally injured person on the road, turns an accident into a crime and in the eyes of the law is very serious. A conviction of a hit-and-run can bring a 15-year prison term.

His lawyer pled to the judge that the teen is a good kid and was planning to attend college and facing a felony charge and years in prison is extreme punishment. That argument may have fallen on deaf ears. Arguing that the teen is not a flight risk appears to be nonsense when describing someone who left the scene of an accident.

Continue reading "Teen Found and Charged in Hit and Run" »

November 30, 2009

Widower Awarded $5 Million for Trucking Accident

Married for 33 years, a couple, both 67-years-old, were looking forward to spending their retirement in the Palm Coast area of Florida between Daytona and Jacksonville. But that was not to be. On November 13, 2009, a Circuit Court jury in Flagler County granted the husband $5.1 million in the wrongful death of his wife. Back in 2006, she was killed instantly in a wreck between her Honda minivan and a fully loaded tractor-trailer. Her husband suffered a pelvic fracture.

The lawyer for the husband presented evidence that the tired trucker ran a stop sign at a well-known, isolated intersection in the southwest part of the county known as Cody’s Corner. The driver of Palatka was driving for McMaster Sod LLC of Bunnell, Florida.

An attorney argued that the county shared part of the fault for the accident because there was poor signage at the intersection, and there were worn rumble strips just before the stop sign. But the jury didn’t agree, placing 60 percent of the blame on the trucker, and 40 percent on McMaster and no blame on the county.

Some of the most compelling evidence included a Valentine’s card from the first year of the the couple’s marriage that said, “Our happiness is our wealth.”

Our hearts go out to the widower for his loss. No amount of money will replace his wife, whom he obviously adored.

Unfortunately, we are hearing more often about tired truck drivers. With the cost of fuel going up, and jobs scarce, many drivers are pushing beyond the legal limits on time behind the wheel and hiding those hours by keeping a second set of books so they are not fined. Then there are the added distractions on the road today. To stay in touch with their dispatchers and family, the cab of a truck is often filled with electronics so the driver doesn’t have to stop.

Continue reading "Widower Awarded $5 Million for Trucking Accident" »

November 26, 2009

Three Pedestrians Hit in Separate Accidents

A 42-year-old St. Augustine, Florida woman was killed Friday night after authorities say she walked in front of a moving car. She was crossing Florida 207 when she was hit by a Honda sedan about 6:20 p.m. The driver was identified as a 55-year-old female from St. Augustine by the Florida Highway Patrol.

In a separate pedestrian accident in Florida about an hour later, a man was hospitalized with life-threatening injuries Friday night after he was hit by a car in Northwest Jacksonville. The unidentified man was standing near the center of West Moncrief Road near Raines Avenue waiting for the traffic to clear, said the Jacksonville Sheriff’s Office. Then the driver said the man just darted into traffic about 7:30 p.m. where he was hit. The man was taken to Shands Jacksonville hospital. Charges will not be filed against the driver.

On Tuesday, a pedestrian was struck and killed by an SUV at the rain-drenched intersection of North Main Street near 53rd Street. Police say the man was trying to cross the street when he walked in front of the vehicle.

The Times-Union reports the man’s relative identified him and that he didn’t have a car and walked everywhere he went. He later died at the hospital. No charges have been filed in that case.

Our condolences go out to the family members of these pedestrians, who have every right to cross a street as a car does to drive down one. We are sorry for your loss.

According to the Florida Highway Patrol, in 2005 there were 576 pedestrians killed in the state, nearly 8,000 crashes that injured pedestrians and 8,626 pedestrian crashes.

Continue reading "Three Pedestrians Hit in Separate Accidents" »

November 25, 2009

Georgia Youth Dies from Pellet Gun Blast to Chest

A Waycross Georgia mother thought a pellet gun was just a toy until her son was killed. An 11-year-old boy was at a sleep-over Friday night with two other boys at the football coach’s home when he was shot in the chest with a .177-caliber pellet gun. He was transported to Satilla Regional Medical Center where he died about an hour later. Our deepest condolences go out to the young boy’s family at this time. So many think that what is essentially a toy can do no harm. So unfortunately we have all found out otherwise.

The boys were reportedly playing PlayStation 3 video game when one of the boys picked up the loaded pellet gun and pretended to shoot it. Then the next boy, a12-year-old, took over the rifle and pointed it at the 11-year-old, shooting him point blank range in the chest.

As of Tuesday, District Attorney Rick Currie says no criminal charges will be filed in the death of the boy. That’s because no child under the age of 13 can be charged with a crime in Georgia, they can only be charged with committing a delinquent act.

Police report that the boys first tried to stop the bleeding themselves before calling the two adults watching television in the next room. They then called 911 while the adult tried to stop the bleeding and performed CPR. The paramedics had no idea the boy was shot. All they had been told was, “He can’t breathe,” and took that to mean that the boy was having an asthma attack.

In fact, the paramedics didn’t know that the boy was bleeding and had been shot until they got him to the hospital, which is incredible considering the amount of blood that must have been present.

The young boy’s mother says she can’t believe her son is gone and that she had so looked forward to him growing into a man: “I worked really hard on him.”

The boy’s father said he's dealing with pain and frustration, still trying to come to grips with what happened to his son, an honor roll student at Ware Magnet School where he played on the youth football team.

Continue reading "Georgia Youth Dies from Pellet Gun Blast to Chest" »

November 23, 2009

Loser Pays is a Bad Idea

There is a very bad proposal coming from Georgia’s Republican U.S. Senator Saxby Chambliss as a way to keep health care costs down. Chambliss is known to be a friend to big business and his proposal shows it.

Chambliss is co-sponsoring legislation he says would cut down on so-called “frivolous” malpractice lawsuits.

Instead of capping the jury awards to the injured, cruel in itself if a truly injured person wins their case before a jury and is then told, “Sorry, state law caps what the jury wanted you to have.” Equally cruel, Chambliss has been joined by Sen. Lindsey Graham, a South Carolina Republican, in supporting a so-called “loser pays” legislation that would require those involved in a medical malpractice claim to enter nonbinding arbitration to try and resolve their differences.

Only if that did not resolve the dispute could they go to court, but if the injured loses, he or she would be on the hook to pay the opponents’ legal fees which easily could run into the hundreds of thousands of dollars.

Chambliss defends the proposal, called the Fair Resolution of Medical Liability Disputes Act of 2009.

Now remember this would apply, even if the person is successful before a jury but has their case turned over on appeal. That means all a deep-pocketed corporation has to do is keep filing appeals to higher courts and eventually the injured will run out of funds or their lawyer will. That’s how corporations use the courts to stomp on people and make them go away.

So ultimately the physically injured can become fiscally injured. The end effect will be no lawsuits are filed because no one wants to take the chance on what an unpredictable jury will do. And that’s the point.

In a statement Chambliss said, "While no one with a valid claim for medical malpractice should be denied his day in court, those who bring frivolous lawsuits raise the cost of health care for everyone, ‘Loser pays' should go a long way toward discouraging such junk lawsuits and lowering the cost of practicing medicine."

Folks - there are no frivolous lawsuits that I’m aware of filed by most big law firms. No one wants to put out the couple of hundred of thousands in lawyer time and hiring expert witnesses unless there is a case. Period. It just doesn’t make financial sense.

Continue reading "Loser Pays is a Bad Idea" »

November 20, 2009

Toyota's Ongoing Problems

If you are driving a Toyota, I hope you are aware of what is going on.

Last month, Toyota announced it was planning its largest recall ever of nearly four million vehicles over the issue of loose floor mats that may be interfering with the accelerator pedal, causing the car to speed out of control.

The National Highway Traffic Safety Administration (NHTSA) has conducted an investigation into a high profile crash in California and is raising questions as to whether the floor mats are the only culprit in Toyota and Lexus models.

Last August, a Lexus ES 350, speeding out of control, killed an off-duty California Highway Patrol Officer, his wife, their daughter, and brother-in-law. All four died when the 2009 Lexus in which they were riding, a loaner car from the dealer, plummeted over an embankment in suburban San Diego at more than 100 mph before it burst into flames. The family was able to contact a 9-1-1- operator to say they couldn’t stop the ES 350. The brother-in-law, said the Lexus had no brakes.

Bob Carter, Toyota’s U.S. brand chief told the annual Reuters Summit recently said that speculation about a troubled fuel delivery system, braking, or runaway accelerator system is inaccurate.

"There's no evidence to support any of that," Carter said, adding that the automaker was working closely with the U.S. government to address the planned recall of up to 3.8 million Toyota and Lexus vehicles reports Reuters.

Since then, Toyota has warned consumers to remove the driver-side floor mats from eight Toyota models as a safety precaution, including the Prius.

These models are affected by this consumer alert:

  • 2007-2010 Camry

  • 2005-2010 Avalon

  • 2004-2009 Prius

  • 2005-2010 Tacoma

  • 2007-2010 Tundra

  • 2007-2010 ES 350

  • 2006-2010 IS 250 and IS350

Continue reading "Toyota's Ongoing Problems" »

November 17, 2009

I-95 Accident Kills Young Woman

A 25-year-old Orange park woman lost her life on I-95 Saturday and it was a scene we’ve seen all too often.

The Florida Highway Patrol reports that the woman was heading south on Interstate 95 in Flagler County when she lost control of her 1999 Ford Explorer SUV and crashed Saturday afternoon around 3:15 p.m. The FHP report says that the woman changed lanes to pass slow traffic and that’s when she moved to the shoulder of the road and lost control of the vehicle rolling it several times. The woman was not wearing a seat belt and was ejected from the Explorer and taken to Halifax Hospital where she was pronounced dead. No one else was reported to be in the SUV and no other vehicles were involved in the auto accident in Florida.

Our hearts go out to the family of this young woman whose life was cut short too soon. This accident never should have happened and I wish we could turn back time for the woman who lost her life.

When I read about this accident I was reminded of the Ford Explorer SUV that was overloaded with young people on the last day of school in June 2009. When a tire blew as the kids from Ed White High School were on their way to the beach, the driver lost control of the Explorer and with none of his passengers wearing their seat belts; all were ejected. Four teens lost their lives that day. That horrific accident is being blamed, at least partially, on the tire which blew out.

An accident investigator is going to want to check the tires on the vehicle involved in the Flagler County accident. There may be a cause of legal action if indeed the tire is determined to be the reason the woman lost control of her vehicle.

The second problem is the earlier model of Ford Explorer.

Continue reading "I-95 Accident Kills Young Woman" »

November 16, 2009

17-Year-Old Dies in Sunday Morning Crash

A 17-year-old lost his life early Sunday morning in a three-car accident involving two other teen drivers.

The teen was traveling eastbound on Butler Boulevard at San Pablo Road near the beaches when his car swiped the side of another car that had hit a concrete barrier and was stopped on the side of the road. The driver’s passenger suffered serious injuries and the condition of another passenger was not reported.

Our condolences go out to the teen’s family. Motor vehicle accidents continue to be the leading cause of death among the young. We wish the surviving passengers a speedy recovery.

The Florida Highway Patrol reports that the teen was not wearing a seat belt, while his other passenger was. The third it is uncertain.

All of this happened after an 18-year-old of Jacksonville lost control of her eastbound car and struck the concrete barrier. She and her passenger luckily got out of the car and ran to the side of the road before the car was hit by the oncoming car. They were wearing seat belts and were not injured. A third car, also driven by a teen a 19-year-old of Jacksonville, struck the 18-year-old’s car. It was the two car pile-up into which the 17-year-old drove into at 1:30 Sunday morning.

Young and inexperienced drivers, out late, not wearing seat belts, and likely traveling at excessive speed. Is it any wonder that automobile accidents in Jacksonville and throughout the State of Florida are the leading cause of death for young drivers?

Continue reading "17-Year-Old Dies in Sunday Morning Crash" »

November 13, 2009

Recall of Flammable Robes

Nine deaths are now blamed on highly flammable women’s robe sold by Blair LLC and the company is expanding its recall. Made by a Pakistani manufacturer, Blair LLC of Warren, Pennsylvania has been working with the Consumer Product Safety Commission to widen the recall.

So far about 300,000 chenille robes have been recalled including a full-length robe, a chenille jacket, lounge jackets, and chenille tops. Earlier this year there were five reports of death linked to the robes.

What generally happens is that women wear the chenille robe in the kitchen near the stove where they catch fire. The garment has failed to meet federal flammability standards so are particularly dangerous if near an open flame.

Most of the victims have been in the 70s and 80s, according to the CPSC.

This robe from Pakistan is the not the only product under a federal probe. Other chenille robes and chenille products also made by A-One Textile & Towel of Karachi, Pakistan are being looked at.

"This robe is highly flammable, flames travel quickly up the robe," said Scott Wolfson of the CPSC. "It's a deadly risk to women."

The recalled products were sold in Blair catalogs, online and at Blair stores in Warren, Pa.; Grove City, Pa.; and Wilmington, Del., from July 2000 through April 2007.

Continue reading "Recall of Flammable Robes" »

November 12, 2009

Florida Go-Cart Accident Kills Fourth Grader

A 12-year-old boy lost his life last Saturday afternoon in Palm Bay, Florida in a tragic accident.
The boy was riding as a passenger in a go-kart that was traveling about 30 miles per hour down a dirt road when he was ejected. The go-kart was being driven by a 16-year-old who apparently lost control after avoiding a hole in the road. Another passenger was injured when the go-kart flipped.

A witness called 911 but on the way to the hospital the 12-year-old boy went into cardiac arrest and could not be revived, according to an investigator who arrived at the scene.

Our prayers go out to the family of this young boy who lost his life in a senseless accident. His classmates report that he was in fourth grade and will be greatly missed.

We so often see young people who lose their lives when involved in accidents involving wheels. Scooters, ATVs, and mini-bikes all have the power to go at a high rate of speed and cause permanent traumatic brain injury to a child when he falls off. There is little training to drive a go-kart and helmets are rarely used.

Just this month, a 9-year-old suffered severe burns and lost all ten fingers in a go-kart accident at Palm Beach International Raceway in Jupiter, Florida. His go-kart flipped over and burst into flames after it allegedly hit some uneven pavement. In that case, the boy’s family has filed a negligence suit against the track for failing to maintain its surface and have fire extinguishers or emergency phones on hand. The boy is lucky to be alive as he was pulled from the burning wreckage.

In August, a 13-year-old also lost his life in a Miami accident when his go-kart was hit by an SUV on a public roadway.

Motorized go-karts are not licensed or equipped to be used on public roadways in Florida. The driver was not cited.

Continue reading "Florida Go-Cart Accident Kills Fourth Grader" »

November 11, 2009

Texting Ban in Florida Finally Considered

The push is on to ban texting while driving in Florida, one of 32 states where it is still legal to do so. AAA Auto Club is calling for a nationwide ban so that Florida can join 18 states where the practice is illegal.

Expect the 2010 legislative session to have at least two bills introduced by Florida lawmakers. Once again for the third year, Sen. Ted Deutch, D-Boca Raton plans to push for a prohibition on texting while driving when the legislature convenes in March. And Rep. Doug Holder, R-Sarasota has filed HB 41 for the 2010 session to address the practice.

So far a ban has been unsuccessful and it’s beginning to be not only embarrassing for Florida, but more important, deadly. Five bills to ban the practice were filed in 2007 and in 2009, 11 bills were sponsored by both Democrats and Republicans in the House and Senate, but thanks to some pretty heavy lobbying, none passed. The Miami Herald calls the Florida Legislature the handmaiden to the telecommunications industry.

You would think after what happened to Heather Hurd, Florida would wake up. Heather’s Law, as it’s been proposed, is named after one of two Polk County women who was killed in an eight-car pileup caused by a tractor-trailer driver who was texting.

While the Florida Highway Patrol does not have a way to tally up those who die in the state from texting thought the state is beginning to reformat its crash reports to include that information. The best estimate was that in 2008, 15 people were killed in Florida and 1,400 were injured by distracted drivers.

Continue reading "Texting Ban in Florida Finally Considered" »

November 10, 2009

San Jose Fatal Crash

A crash Tuesday night has left one 20-year-old dead and hospitalized two others in the San Jose area of Jacksonville. A man was riding in a sedan when his vehicle was T-boned by a van about 8:30 p.m. near the intersection of Old Kings Road and St. Augustine Road.

The man died at Shands-Jacksonville. Our condolences and prayers go out to his family.

T-bone crashes occur fairly often. In this case, the vehicle had turned left and into the path of the van. The van’s driver had minor injuries as did the vehicle driver.

Generally in a t-bone accident someone has run a light or stop sign at a fairy good speed. These can be the most devastating accidents. More often than not there are fatalities involved because the side of the vehicle has less protection than the front or rear.

The moving violation brings a $204 fine.

The Florida Department of Highway Safety and Motor Vehicles says of the 13 crash types identified, running traffic control accounts for 22 percent of all crashes that led to occupant injuries in 45 percent of red-light running crashes, compared to 30 percent in other types of crashes.

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November 10, 2009

Amelia Island Motorcycle Accident and Brain Injury Attorneys

The “Isle of Eight Flags” is home to Amelia City and Fernandina Beach, and is more commonly known as Amelia Island. Housing a population of a little more than 68,000 people, Amelia Island, Florida is part of the Sea Islands and is 18.2 square miles in land size. With tourism as the island’s main economic source, a large number of tourists and beach-goers visit Amelia Island each year.

Those unfamiliar with Amelia Island’s roads may not exercise the most cautious driving practices while visiting. While all vehicular accidents are dangerous, those involving motorcycles pose an even greater chance of injury occurring, particularly to a motorcyclist that does not have the luxury of being confined within the framework of a car to protect against impact. When such accidents occur, it is essential that an Amelia Island motorcycle accident lawyer is promptly consulted in order to ensure that the rights of the motorcyclist are not infringed upon as an accident victim.

Injuries resulting from vehicular accidents can range from minor bruises to catastrophic brain injury. While it is the hope that no one is injured during an accident, catastrophic injury afflicts motorists all too often, particularly motorcyclists. Such injuries can be life altering, especially brain injuries, and can seriously impair an individual’s ability to lead the life he or she had become accustomed to prior to the incident. When brain injury or any other catastrophic injury does occur, it is critical that an Amelia Island brain injury attorney is consulted to ensure that the negligent party responsible for the accident is held accountable for playing a detrimental role in causing injury.

If you have been injured in an Amelia Island accident while riding your motorcycle, don’t hesitate to contact the motorcycle accident attorneys at the personal injury law firm of Farah and Farah. Our skilled attorneys will examine the circumstances of your accident, and will see to it that your rights are not trampled upon in a court of law. If your injuries are catastrophic, our Amelia Island brain injury lawyers will seek compensatory damages on your behalf to help assist with the costs associated with your accident. If injured, please contact Farah and Farah at our Amelia Island office today for a free consultation of your injury case:

(904) 261-4440
501 Centre St.
Fernandina Beach, Florida 32034


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November 9, 2009

Teen Wearing Headphones Killed By Train

He was wearing a headset and was walking on the railroad tracks. That is a very bad combination. An 18-year-old high school student was walking along Amtrak train tracks in Auburndale, Florida and apparently didn’t hear an approaching Amtrak train. He was hit and killed immediately.

The conductor says he tried to alert the teen with no response, until the train got within 20 feet of him. That’s when the teen finally heard or saw the train and tried to jump off the tracks, but it was too late.

The 18-year-old was pronounced dead at the scene. Our condolences go out to his family for this very tragic accident.

This is not an isolated incident.

A man was struck and killed by a train last Monday at Winona State University in Minnesota. It was the third train-pedestrian fatality in the area since August. He was wearing headphones.
The train operator says he sounded his whistle for more than a mile.

In February, a 17-year-old teen was hit and killed by an Amtrak train near his Comstock Township home in Michigan. He was crossing the tracks diagonally with his back to the eastbound train and was also wearing headphones.

Nationwide it is the 18-34 age group and overwhelmingly male that is walking on the railroad right-of-way tracks illegally.

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November 4, 2009

Chantix Reports of Suicide Keep Coming In

Even tobacco executives acknowledge these days that smoking is an environmental risk for cancer. According to the American Lung Association, more than 400,000 American lives are lost each year due to smoking or from secondhand smoke shared with babies and spouses.
Chantix sounded like a lifesaver when it was approved by the Food and Drug Administration in May 2006.

Also known as Varenicline Tartrate, Chantix is made by Pfizer and given to end smoking addiction. The FDA reportedly reduced its usual review time from 10 to six months.

Here’s how it works. Instead of using nicotine, which many smoking cessation therapies include, Chantix reduces cravings and decreases the pleasurable effects of smoking. But side effects reported include nausea, headaches, abnormal sleep, and Chantix dreams, vivid wild dreams.

It’s estimated about 5 million prescription have been written.

In November 2007, the FDA began investigating reports of suicidal behavior among users. 37 reports had come in of suicides and hundreds with suicidal behavior. Pfizer was forced to add a stronger warning on the drug’s label.

Pfizer has suggested that Chantix-induced psychotic episodes are actually due to nicotine withdrawal, but the FDA notes that even people who keep smoking and are taking Chantix have the same episodes.

After ABC News published the story of Carter Albrecht, who, after taking his first 1 milligram Chantix tablet, assaulted his girlfriend, and was shot and killed by a neighbor who thought he was a burglar. ABC received over 200 comments from people describing similar erratic behavior.

By November 2007, the FDA issued a release about Chantix confirming there were an increasing number of reports about radical changes in behavior and suicidal thoughts among users of Chantix. As a result the FDA recommended that healthcare workers monitor Chantix users for behavior and mood changes. Pfizer continues to say that Chantix is a real breakthrough medicine even though by February, 2008, the FDA was saying that after a continuous review of adverse event reports there was likely an association between Chantix and serious neuropsychiatric symptoms.

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November 2, 2009

Ford Recall Involving Faulty Switch and Fire Danger

The Ford Motor Company is issuing a recall for 4.5 million vehicles because of a faulty switch that can overheat and catch fire.

The action comes after an 18-month federal investigation that has Ford recalling more than 14 million vehicles in eight recalls over a decade over the faulty switch and the potential for fires.

The problem switch is made by Texas Instruments and sold for about $21. The cruise control deactivation switch can leak hydraulic fluid, overheat and then burn risking fire, even when the car is parked in your garage. The Windstar vans have an elevated risk, said a Ford spokesman.
The Detroit News, reports that Ford stopped using the switches in early 2003, but not before they were linked to at least 1,500 complaints and 550 vehicle fires.

At least one person died when the vehicle caught fire in their garage.

A 76-year-old man died August 14, 2007 when a fire started in his 1994 Mercury Grand Marquis parked in an attached garage in San Antonio, the Detroit News reports. Police reported it as an electrical malfunction in the engine compartment of the car.

You are advised to park your vehicle outside until it can be serviced.

Ford drivers should look for anything that appears to signal a fire danger such as malfunctioning cruise control and brake lights, antilock braking systems and brake light warnings on the dash. Another warning sign is difficulty in getting the vehicle out of the park mode.

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October 30, 2009

Electrocution Death of Three in Palm Bay

This is a tragic story that serves to remind us of the dangers that can lurk, even at home.
A Palm Bay, Florida married couple and their son were all putting up a ham radio antenna in their back yard. The couple and their 15-year-old son were on the ground holding the antenna. Meanwhile a friend was on the roof.

Tragically, the antenna fell and struck a low-hanging power line that had 13,000 volts of electricity. The voltage shocked the family, killing them.

Our condolences go out to the friends and family of these poor individuals.

This story underscores how everyday premises can present a danger. Who would have thought that something so random and tragic could happen? The same sort of unexpected tragedies can happen on premises that do not belong to a homeowner.

Sometimes called “slip and fall,” the owner of a premise has the highest duty to keep those on the premises from harm, whether the individuals are invited or not.

Individuals under this definition may include business customers (shoppers at Wal-Mart), visitors to public places (museums or parks), and guests (social gatherings). Generally, if the property is open to the public and the property owner invites the public inside, the public is considered an “invitee.”

But a landowner is not responsible for a slip and fall accident if the person who fell is considered a trespasser.

But the property owner has certain legal responsibilities regardless of the status of the person entering upon the property. Some of these responsibilities include:

  1. proper notice of any dangerous conditions of which the property owner may be aware;

  2. keeping the property in a reasonably safe condition;

  3. proper posting of “no trespassing” signs or warning of harmful or dangerous conditions regarding the property; and,

  4. not creating a dangerous or harmful condition on the property, whether intentionally or unintentionally.

Continue reading "Electrocution Death of Three in Palm Bay" »

October 29, 2009

DUI Hit-and-Run Driver Sentenced

She will spend the next four years in prison for DUI manslaughter. Many are saying she got off lucky. It was bad enough when last April, the 25-year-old woman side-swiped a van on I-295 near San Jose Boulevard. But instead of staying at the scene of the early morning wreck, police say she drove away.

She might have gotten away with it, but when she left the scene, she kept driving and then lost control of her pickup truck on Crown Point Road and struck a tree. As often happens with people who are driving while under the influence of alcohol, she was uninjured, but her 30-year-old male passenger died at the scene. Despite the death of her passenger, the woman took off on foot and was eventually tracked down by K-9 teams.

The woman pled guilty to DUI manslaughter. This week she was sentenced.

We wonder how the family of her passenger feels about her four years behind bars. According to state guidelines, the woman could have received 15 years for a felony in the second degree. Leaving the scene, in this case twice, bumps the sentencing to a first degree felony.

The driver of any vehicle involved in a crash that results in the death of any person is required by Florida law 316.027 to immediately stop the vehicle at the scene of the crash or as close as possible, and remain at the scene.

You are required to stay and render aid and give information to any officer investigating the scene and to give aid to anyone injured at the scene including getting them to a doctor or hospital if that is requested by the injured person.

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October 28, 2009

Fentanyl Patch Dangers

Doctors may finally be getting the message about the dangers of Johnson & Johnson’s fentanyl patches. Sales are down worldwide 20.5 % equating to roughly $200 million dollars. The drop comes after a series of deaths and lawsuits and at least two J & J recalls in the last two years.

Just last month, the painkiller was prescribed to a 15-year-old boy who died of an overdose following a tooth extraction. The Seattle teen was autistic and for some reason was prescribed the patch usually used for chronic pain in cancer patients and is generally prescribed for people who have developed a resistance to opium-based painkillers.

Since the 15-year-old was unable to speak and communicate to caretakers, it complicated his reaction and anyone’s ability to help him.

A civil suit has been filed because the boy was given the highest dose available, says his attorney. The hospital says it erred in prescribing fentanyl to the teen patient. Wrong prescriptions of the fentanyl patch are not an uncommon problem across the country.

A Sanford, Fla., jury in October 2008 awarded $13.3 million to the family of a 34-year-old woman who died after undergoing back surgery and using the Duragesic patch (fentanyl). The jurors decided that two J & J subsidiaries, Janssen and Alza, were responsible for her death.
J & J face about 60 other lawsuits over the Duragesic patches.

Part of the problem with fentanyl, whether by J & J or generic, is that it is delivered through a patch allowing the drug to pass through the skin and entering the blood at a constant rate. When someone takes a pill, the level of drug rises and falls in the blood, giving the body somewhat of a rest.

Transdermal patches don’t give the patient’s body a rest and they may end up getting too much of the drug.

There have been five Duragesic/fentanyl recalls since 1994. Watson Pharmaceuticals issued a recall for its leaking fentanyl painkiller patch in August and the company said that exposure to fentanyl exposure may lead to respiratory depression and possible overdose.

In 2005, the FDA said that there had been 120 reports of death related to the fentanyl patch.
Most recently, in December 2008, a division of Ortho-McNeil-Janssen a company under Johnson & Johnson recalled defective fentanyl transdermal patches. The company said some patches had a slit along one side creating the possibility that the fentanyl get could leak out of the package exposing both caregivers and the patient to an overdose.

The last official move by the FDA earlier this year came in a letter sent to the six manufacturers to demonstrate that the drug’s benefits outweigh the potential risks. While the drug has a real benefit for those suffering from so-called “breakthrough pain,” especially from cancer, the FDA notes that the number of accident overdoses is increasing.

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October 22, 2009

Yaz Yasmin Lawsuits Abound

Yaz and Yasmin are two types of birth control pills manufactured by Bayer Healthcare. Both contain ethinyl estradiol which has been present in “The Pill” for more than three decades. However, what’s new about these popular forms of oral contraceptive is the presence of progestin in Yasmin and Yaz. It is called drospirenone, a so called fourth-generation synthetic progestin. Unfortunately it results in elevated potassium levels which can cause potentially life-threatening heart problems.

Approved by the FDA in 2006 and 2001, almost immediately the FDA began receiving adverse event reports including deep vein thrombosis, pulmonary embolism, and heart arrhythmia or irregular heartbeat.

Public Citizen, the consumer group, has put the two pills on its “Do Not Use” list of drugs.
As the number of complaints over the side effects of these birth control pills continues to increase, four significant lawsuits have been filed in federal court against Bayer HealthCare Pharmaceuticals and there are more to come.

Bayer will run some corrective advertising and has told the FDA it will spend $20 million on the campaign to downplay its former overstatements about the benefits of Yaz while it downplayed the risks.

The birth control pills are still sold and aggressively marketed, exposing young women to serious and potentially life-threatening risks. When you follow the money trail, you understand why.

Yaz and Yasmin account for nearly 18 percent of the birth control market last year. That translated to more than $600 million in sales for Yaz and $1.85 billion in the first quarter of 2009 and $382 million for Yasmin. With other birth control formulations on the market, there is no benefit to using Yasmin and Yaz.

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October 21, 2009

Two Girls Die of Lou Gehrig Disease Following Gardasil

Researchers believe that two separate and fatal cases of Lou Gehrig’s Disease in young girls following the Gardasil injection may be related to the vaccine. Gardasil is injected in girls beginning at age 9 through age 26, to protect against two types of virus that cause cervical cancer and two that cause genital warts. It’s estimated 7 million young girls and women have received the vaccine, delivered in a three-shot series.

In both cases the young women died of amyotrophic lateral sclerosis or ALS (Lou Gehrig’s Disease), and the disease progressed rapidly. Merck, the maker of Gardasil, does not believe that Gardasil could have caused the events.

But the two cases are very similar and researchers are suspicious that ALS in young people, affecting just one in 2-3 million, may be related to the vaccine.

Here’s what we do know. One of the girls was 14-years-old when she received Gardasil. Months after her third shot in the three-booster Gardasil series, she began tripping over easy hurdles in gym class. Soon both legs and her arms became weak, she began to limp and had trouble gripping objects and she felt pins and needles in her feet. Her muscled atrophied. Within a year she was paralyzed, a quadriplegic and used life support to help her breath before she died. The degenerative disease did not harm her mind, which Web MD reports was as sharp as ever.

The girl’ parents want people to know they are not anti-vaccine. After all, they had their daughter vaccinated with Gardasil. The girl was 15-years-old when she lost her battle with the rapidly degenerative neurological disease on March 15, 2009.

Another girl, 20-years-old had a rapid progression of ALS in a similar way within four months of her first Gardasil shot. She died 28 months later.

Our hearts go out to the parents and family and friends of these two young women.

The link between the symptoms and the shot is very suspicious to researcher Dr. Catherine Lomen-Hoerth at the ALS Center at University of California San Francisco Medical Center. First, the symptoms progressed very rapidly, more so than in a typical ALS patient. And both girls had an inflamed spinal cord she said to doctors at the American Neurological Association, which is not normally seen in ALS.

And one doctor, Yadollah Harati, a neurologist at Baylor College of Medicine in Houston, says he will now ask his young ALS patients if they received the Gardasil vaccine. He didn’t think to ask before, he tells Web MD. The parents of the 14-year-old are asking anyone who visits their Web site in their daughter’s honor, Jenny’s Journey, to forward any cases of muscle paralysis following a Gardasil injection to their Web site so they can make sure that it is registered on the federal VAERS (Vaccine Adverse Events Reporting System). They fear other cases may not be reported since VAERS is not generally known to the public and there are no requirements to post adverse events, though hospitals and doctors are encouraged to do so.

Continue reading "Two Girls Die of Lou Gehrig Disease Following Gardasil" »

October 20, 2009

15-Year-Old's Trial for Auto Accident Wrongful Death to Begin

He is the 15-year-old teen who went for a joy ride on the last day of school in June with an overloaded SUV that rolled, killing four of his friends.

Now 16-years-old, he is set to go to trial October 19th, charged with four counts of driving without a license, causing serious bodily injury and careless driving. Of the nine counts, eight are felonies.

Police say the teen was driving to the beach when a rear tire blew causing the SUV to flip. Several people claim that the teen actually kept the car on the road for quite a while after the tire blew. His defense attorney claims that the reconditioned tire was defective and never should have been sold. With a catastrophic tire failure, many were surprised that the State Attorney’s office decided to prosecute the teen at all.

The community of Jacksonville has been divided over this case. The teen was driving when he shouldn’t have been. At the age of 15, he didn’t even have a permit.

None of the nine individuals in the vehicle were wearing a seat belt, except for the teen driver standing accused in this case. He was unhurt when the vehicle rolled over on I-295 near Pritchard Road. That doesn’t exactly paint a picture of a reckless driver.

Continue reading "15-Year-Old's Trial for Auto Accident Wrongful Death to Begin" »

October 15, 2009

Two Elderly Motorists Killed - How Old Is Too Old To Drive?

A couple of accidents this week raise the question – how old is too old to drive? Not to discriminate against our elders, certainly there are young people who don’t drive safety, but a couple of local fatal accidents seem to be focused on that question.

An elderly woman was killed this week in a crash at Timuquana and Eulace roads. The 90-year-old woman was driving south on Eulace around 11 a.m. Tuesday when she turned left onto Timuquana in front of a semi driven by a 33-year-old truck driver. The elderly woman was taken to Shands Hospital and pronounced dead. She was not alone in the car. Her 94-year-old passenger suffered serious injuries according to the Florida Highway Patrol. Everyone was wearing their seat belts and the driver of the truck was not hurt.

In another accident, an 88-year-old motorist veered into the path of an oncoming pickup truck and was killed in St. Johns County Tuesday morning. The woman of St. Augustine tried to turn onto U.S. 1 when the driver’s side of her car was hit. She was wearing a seat belt but died after being taken to Flagler Hospital. The truck driver was wearing his seat belt, as was his passenger, and both were treated for non-life-threatening injuries.

We are so sorry for the loss of these two women. This sort of fatal traffic accident can happen to anyone at any age. But sometimes family members will ask how they can get an elderly family member to stop driving.

Florida’s Department of Highway Safety and Motor Vehicles generally reports that many seniors realize they should not be driving and give up their licenses voluntarily. That is reflected in the statistics. The department reports that the 2008 crash statistics show that the crash rates for people over the age of 65 are lower than for people under the age of 40.

Someone with an unsafe parent driver can confidentially report an unsafe driver to the department. About 39 percent of all reports came from law enforcement and about 34 percent from doctors last year where there were 7,677 referrals in all. The state can ask someone to take an eye exam or a medical exam. Or the person could be asked to retake the driver test. Younger people can be reported too, but generally seniors are the ones reported.

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October 14, 2009

Two Killed in Nassau Car Crash

Two people died Sunday morning in a single car crash in Hilliard in Nassau County. The crash happened about 1:35 a.m. on County Road 108 and Orange Street. Fire and rescue crews arrived to find a car on its driver side near a power pole. One of the occupants had been ejected from the vehicle and emergency rescue workers had to remove the top of the vehicle to extricate the other passenger.

The Florida Highway Patrol is investigating the cause of the crash. The driver has now been identified as a 32-year-old woman of Bryceville, Florida, and her passenger was a 45-year-old woman of Hilliard.

We are so sorry for the loss of this woman to her family and friends, and particularly to her children.

The two occupants were not wearing seat belts, according to law enforcement.

The media reports don’t tell us much about what caused this accident, but it’s fair to say that speed played some role. Generally in a single-vehicle accident, speed is among the first things that accident investigators will look into.

A few things to remember about driving too fast - many of us were taught that for every 10 miles an hour, you need to leave at least one car length between you and the vehicle in front of you to safely stop. That was the good old days- today add distractions, such as texting, that increases the risk of a collision by 23 times, according to a recent study.

The Insurance Institute for Highway Safety (IIHS) says that speed is a factor in about one-third of all fatal crashes that kill more than 1,000 Americans every month. In all of 2007, that accounted for more than 13,000 people. And the National Highway Traffic Safety Administration estimates the cost of speed-related crashes is more than $40 billion each year.

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October 8, 2009

19 Year Old Pregnant Woman Dies in Wreck

A Westside family is making funeral plans for a 19-year-old woman and her unborn baby who died in a collision between two pickup trucks Tuesday afternoon.

A pregnant 19-year-old was reportedly riding in the bed of the pickup truck traveling east on Normandy Boulevard, according to the Florida Highway Patrol. That’s when a late-model blue truck made an illegal turn into a mobile home park and collided with a red truck going west. The pregnant woman was riding in the back of the blue truck and was ejected when it turned in front of the other at the intersection with Parrish Cemetery Road. She was a quarter mile from their home. Today flowers mark the spot where the accident occurred.

The woman was seven months pregnant but the baby could not be saved. Fortunately, her one-year-old was in the truck in a car seat sitting next to the woman’s brother who threw himself over her during the collision. Neither was seriously hurt.

Our hearts go out to the family of this pregnant woman. There are many questions that go unanswered in media reports such as – was there a glare in the windshield of the truck? What were the road conditions at the time and was there rain? Were they speeding? Even 50 mph in a post 50 mph area in the rain is too fast for the conditions.
The Florida Highway Patrol says charges are pending.

Florida Statute 316.2015 says it is unlawful for a person to ride on the exterior of a vehicle, such as the bumper, fender, hood or truck of a car. And it is unlawful for the operator of a vehicle to allow a minor (under the age of 18) to ride within the open body of a pickup truck, unless the person is wearing a seat belt and sitting in secure seating.

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October 6, 2009

Teens Rally Against Texting and Driving

By now we’ve all seen the video on YouTube that aired on British television. It shows four girls driving a vehicle and texting, all staring at the screen just before a head-on collision.

The public service announcement should be seen by all teenagers who are close to the driving age, or presently driving. A warning – it is a gruesome, and not for the faint of heart. Parents may want to watch it first. But it is real and everyday drivers distracted by texting are doing exactly what the teens in this video are doing.

Now a group of Florida teens from Parkland, Florida (population 24,000) is taking the public service message and other videos of the dangers of texting and driving and trying to do something about it.

The teens are donning white t-shirts that carry an anti-texting message. And they’ve taken their campaign to city hall to convince the city commissioners to ban texting while driving in their town.

Wisely, the teens know it is kids who influence other kids, so sophomores, who are just getting their driving permits, have had the most influence on other kids in school.

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October 6, 2009

Jacksonville Bus Accident and Pedestrian Injury Lawyers

With a population of 805,605 people as of the 2007 U.S. Census, Jacksonville is the most populated city in the state of Florida and the 12th most populous city in the country. Stretching 874.3 square miles in size, Jacksonville is the largest city in the United States based on total land area, and plays host to not only many residents, but also numerous tourists. With such a large amount of people traveling throughout the city, public transportation is particularly important in both cutting down on the overall amount of traffic in Jacksonville and enabling a large number of people to get from one place to another. However, while necessary safety precautions are certainly put into effect, unfortunately, accidents still cause innocent people to suffer serious injuries.

In the event that a Jacksonville commuter is involved in a bus accident, that commuter shouldn’t have to bear the brunt of expenses brought on by the accident, such as medical bills to treat an injury or physical therapy fees to help one recover from a serious injury. With the assistance of a skilled Jacksonville bus accident lawyer from Farah & Farah, such compensation may be obtained.

Similarly, pedestrians occasionally suffer from the reckless driving practice of motorists in Jacksonville. If a pedestrian is injured in Jacksonville, that individual would be well-advised to seek the advice of an experienced Florida pedestrian injury attorney that will examine the circumstances of the accident and help appropriately attribute negligence to parties at fault.
Personal injury, whether sustained in a bus or pedestrian accident, can be devastating not only physically, but financially as well. In all instances where an individual is injured in Jacksonville at the hands of another, it is essential to have someone on your side that will fight for your best interests and hold negligent behavior responsible for your accident. If you have been injured, contact Farah and Farah at our Jacksonville office today for a free consultation:

(904) 396-5555
10 West Adams Street
Jacksonville, Florida 32202

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October 2, 2009

Grandmother Says Gardasil Killed Her Granddaughter

A 17-year-old was about to graduate from high school when the cheerleader and softball pitcher received the first of the three-shot series of Gardasil, the Merck drug that is supposed to protect young girls from the human papillomavirus, or HPV, that causes two types of cervical cancer and two types of warts.

That was 19 months ago.

"I just didn't know what to think because she was so healthy. I just could not understand why she was dead. No one seemed to know why she was dead,” says her grandmother.

The teen had no health problems, but after the second shot in September 2007 she started to get bad headaches, as well as muscle aches, and joint pain, said her grandmother. The doctor thought it was stress. Her third shot was February 20, 2008. By February 22 she was dead.

Her grandmother said that after the final shot, her granddaughter said she had a headache and went to bed. That next morning her mother found her on the bathroom floor. "Without a shadow of a doubt, I know that Gardasil is what killed her," says her grandmother.
An autopsy was inconclusive.

The grandmother says she is angry with the CDC and the FDA because even today they encourage girls to get the vaccine, even though there have been about 14,000 adverse events reported to the government, including Guillian-Barre Syndrome, where the muscles become paralyzed, in addition to headaches, fainting and even death.

In fact, the CDC says it has either investigated or is currently looking at 43 reports of deaths of those who received the vaccine. Read the reports on the Web site, Judicial Watch, that had to file a FOIA to get the death reports from the government.

"The FDA adverse event reports on the HPV vaccine read like a catalog of horrors. Any state or local government now beset by Merck’s lobbying campaigns to mandate this HPV vaccine for young girls ought to take a look at these adverse health reports."
-Tom Fitton, Judicial Watch

Continue reading "Grandmother Says Gardasil Killed Her Granddaughter" »

October 1, 2009

Labor Day Deaths on Florida Roads

Florida driver deaths appear to be substantially down this year according to the Florida Highway Patrol. Seven were killed and the FHP says 136 impaired drivers were arrested during the four day Labor Day weekend. However, the total number of wrongful death auto crashes in Florida has not been released yet. In 2008 during the Labor Day period, 36 people died in crashes.

In addition to the arrests, FHP officers issued over 16,000 citations. That huge number resulted from Labor Day enforcement that was part of a larger effort beginning August 21 and running through September 7th. During that time period, FHP issued more than 57,000 traffic tickets and made 540 arrests for DUI of alcohol or drugs and 20,000 received citations for speeding.
In addition, law enforcement was out in force to watch for violations of the Move Over Law. Troopers issued 2,200 citations for violating that law.

The Move Over Law refers to protecting law enforcement when they are parked on the side of the road to help motorists. It states that:

  • On a two-lane roadway, you are required to slow to a speed that is 20 miles per hour less than the posted speed limit.

  • If the speed limit is 20 miles per hour or less, you must slow down to five miles per hour.

  • If you are driving on an interstate or roadway with multiple lanes of travel in the same direction, and you approach an emergency or law enforcement vehicle parked along the roadway, you must vacate the lane closest to that vehicle as soon as it is safe to do so. If you are not able to safely move over, you must slow down to a speed of 20 MPH below the posted speed limit unless directed otherwise by a law enforcement officer.

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October 1, 2009

Lake City Bus Accident and Pedestrian Injury Lawyers

Lake City is located in Columbia County, Florida and is often referred to as the “Gateway To Florida.” With a population of about 12,000 and in a county whose population is on the rise (Columbia County has close to 68,000 inhabitants as of 2006), Lake City has become a highly desired tourist destination as well as a common stop for those on route to Southern Florida. With such a span of visitors and residents passing through various parts of the city using bus transportation, bus accidents are bound to take place as a result of defective bus parts, negligent driving, improper driver training, or for a variety of other reasons.

When innocent passengers are injured in a bus accident in Lake City at no fault of their own, a skilled Lake City bus accident attorney from Farah and Farah can help. We have assisted many injured victims of bus accidents receive compensation to help pay for medical treatment, pain and suffering, hospital bills, and even loss of wages.

In addition to bus accidents, pedestrian accidents within Lake City’s streets are regrettable occurrences that put the well-being of children, the elderly, and adults of all ages at risk. When drivers fail to adhere to speed limits near pedestrian crosswalks, they put innocent pedestrians in danger of suffering severe injuries and even wrongful death. Pedestrian injuries can have some of the most catastrophic consequences due to a pedestrian’s vulnerable exposure to the surrounding area without protection.

If you or a loved one has been injured in a pedestrian accident, whether it involved a bus, truck, or other auto, the experienced Lake City pedestrian accident lawyers at Farah and Farah can assist you through this challenging time. For more information on how we may be able to help you hold negligent parties responsible for your bus or pedestrian accident injury, contact the Lake City personal injury law firm of Farah and Farah today:

212 N. Marion Ave Suite 208
Lake City, FL 32055
Phone: (386) 754-7534

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September 29, 2009

Orange Park Bus Accident and Pedestrian Injury Lawyers

Located in Northeast Clay County, the city of Orange Park is just south of Jacksonville, Florida. Orange Park’s name derives from the aspirations of its founders to inhabit a fruit-producing industry, but these hopes of crops were ruined in what is referred to as the Great Freeze of 1894-95. Nevertheless, in its growth as an abundant and welcoming community, Orange Park displayed a population of approximately 9,043 in July 2008. Although having a smaller population than some of its neighboring cities, Orange Park residents utilize public transportation and personal autos to a great degree. As a result, Orange Park is susceptible to its share of auto accidents involving buses and pedestrians as an unfortunate result of negligent driving, dangerous road conditions, and even defective auto parts.

Bus passengers put their trust in drivers and companies to ensure that no harm befalls them while traveling via bus. When bus accidents inflict injury on passengers in Orange Park, the skilled Orange Park bus accident attorneys at Farah and Farah can help injured victims receive compensation to help pay for medical treatment, hospital bills, pain and suffering, and loss of wages.

In addition to bus accidents, pedestrian accidents in the streets of Orange Park are ill-fated occurrences that can cause children, the elderly, and adults of all ages to suffer serious injuries and even wrongful death. If you or a loved one has been injured in a pedestrian accident, whether it involved a bus, truck, or other auto, the experienced Orange Park pedestrian accident lawyers at Farah and Farah can assist you. For more information on how we may be able to help you hold negligent parties responsible for your bus or pedestrian accident injury in Orange Park, contact Farah and Farah at our Orange Park office today:

(904) 264-0700
1534 Kingsley Avenue
Orange Park, Florida 32073

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September 24, 2009

St. Augustine Bus Accident and Pedestrian Injury Lawyers

St. Augustine is often called the “nation’s oldest city” for being home to the oldest port in the continental U.S. The population in St. Augustine was estimated to be 12,157 in 2004. Known for its classic architecture, lovely beaches, and museums that depict life of the early Spanish explorers who settled in the area, St. Augustine is quite a popular tourist spot in Northern Florida. With so many tourists in addition to many residents utilizing public transportation and personal automobiles, auto accidents in St. Augustine involving pedestrians and buses are an unfortunate consequence of negligent driving.

Bus accidents in St. Augustine may be caused by driver negligence, defective bus parts, dangerous road conditions, improper driver training, and many other factors. Bus passengers put their trust in drivers and companies to ensure that no harm befalls them on their travels. When bus accidents inflict injury on passengers in St. Augustine, the experienced St. Augustine bus accident lawyers at Farah and Farah can help injured victims receive compensation to help pay for medical treatment, hospital bills, pain and suffering, and loss of wages.

In addition to bus accidents, pedestrian accidents in the streets of St. Augustine are unfortunate events that afflict the well-being of children, the elderly, and adults of all ages. When drivers fail to adhere to speed limits near pedestrian crosswalks, they put innocent pedestrians at risk of suffering severe injuries and even wrongful death. Pedestrian injuries are some of the most catastrophic consequences of auto collisions due to a pedestrian’s vulnerable exposure to hitting concrete, a part of a vehicle, or any other object on the road or sidewalk.

If you or a loved one has been injured in a pedestrian accident, whether it involved a bus, truck, or other auto, the experienced St. Augustine pedestrian accident lawyers at Farah and Farah can assist you. For more information on how we may be able to help you hold negligent parties responsible for your bus or pedestrian accident injury, contact the St. Augustine personal injury law firm of Farah and Farah today:

(904) 797-7977
1301 Plantation Island Drive
Suite 206A
St. Augustine, Florida 32080

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September 22, 2009

Brunswick, Georgia Bus Accident and Pedestrian Injury Lawyers

Located 30 miles north of Florida, Brunswick occupies part of southeastern Georgia. Nicknamed “the shrimp capital of the world,” Brunswick owes much of its reputation to being the main center of Georgia’s crab and shrimp industries. As the twelfth-largest metropolitan area in the state of Georgia, Brunswick had an estimated metropolitan population of 101,792 in 2007 with a city proper population of 16,235. Considering that Brunswick, Georgia residents and visitors highly depend on bus transportation in addition to the use of other modes of public and personal transport, bus accidents are just as likely to occur as in any major metropolitan area.

As is the case in most large cities that utilize buses, bus accidents have been known to occur due to defective bus parts, driver inattention or carelessness, improper driver training, and much more. Whatever the cause of your bus accident injury, the skilled Brunswick, Georgia bus accident attorneys at Farah and Farah can help. We have assisted many injured victims of bus accidents receive compensation to help pay for hospital bills, treatment, pain and suffering, and even loss of wages.

In addition to bus accidents, pedestrian accidents within Brunswick’s streets are unfortunate occurrences that plague the well-being of children, the elderly, and adults of all ages. When drivers fail to adhere to speed limits near pedestrian crosswalks, they put innocent pedestrians at risk of suffering severe injuries and even wrongful death. Pedestrian injuries are some of the most catastrophic consequences of auto collisions due to a pedestrian’s vulnerable exposure to hitting concrete, a part of a vehicle, or any other object on the road or sidewalk.

If you or a loved one has been injured in a pedestrian accident, whether it involved a bus, truck, or other auto, the experienced Brunswick pedestrian accident lawyers at Farah and Farah can assist you. For more information on how we may be able to help you hold negligent parties responsible for your bus or pedestrian accident injury, contact the Brunswick personal injury law firm of Farah and Farah today:

(912) 466-8896
4216 Coral Park Drive
Suite 107
Brunswick, GA 31520


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September 21, 2009

Teen Driver Facing Vehicular Homicide Charges for 16-Year-Old's Death

A 16-year-old female and a number of other teens had attended a birthday party for a fellow friend who was turning 19. The party lasted until the early morning hours of July 27.

For some reason, the teens decided to leave the party house. That’s when the 19-year-old got behind the wheel of his pickup truck to drive everyone home. Since there were six kids and only three seats in the cab, three of the teens decided to ride in the bed of the pickup.

But according to police, the 19-year-old was driving recklessly and too fast in the 13000 block of Bartram Park Boulevard in Mandarin, just south of Jacksonville and Old St. Augustine Road. Traveling at twice the 40 mph speed limit, the pickup flipped, and rolled several times, throwing the 16-year-old girl and two others riding in the bed out of the vehicle.

The 16-year-old, a student at Lee High School, was pronounced dead at the scene of the auto accident in Jacksonville. Four other teens were seriously injured. Law enforcement said the truck appeared to have rolled over her. Another young woman was in critical condition.

Now the young male driver has been charged with vehicular homicide. He turned himself into the Jacksonville Sheriff’s office on Wednesday and was later released on $10,000 bail.
This month, if the deceased teen were still alive, she would have turned 17. Her family said that they would still celebrate her birthday and that she is still in their hearts.

Our hearts go out to the family of this young woman as well as the injured teen who was in ICU. We wish her a speedy recovery.

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September 16, 2009

Teen Faces 9 Charges in Fatal Wreck

All eyes in the investigation into what caused a Ford Explorer to roll several times and kill four teens, are now focused on a possibly defective tire.

On the last day of school in June, one young man and eight friends got into his girlfriend’s family Ford, a 1997 Explorer SUV. On the way to the beach, a tire blew. Among all of the teens, this young man was the only one wearing his seat belt. The attorney, who represents four of the families involved, told the judge that the Cooper Tire was defective because it had been in the shop two weeks earlier.

He said Dale Earnhardt Jr. could have been driving the vehicle. Once a tire blows, keeping a Ford Explorer on the road, especially the notoriously unstable cars made before Ford added stability control would have been impossible.

The tire company has faced seven federal product liability and personal injury lawsuits since 1997 and in July, a Florida appeals court upheld a $1.5 million jury verdict against the company after a blowout on I-10 killed a man.

At an exhibition football game at Ed White High School, the four teens were remembered in a moment of silence. Our hearts go out to the parents of the children, who clearly had a tough time attending the game, but were grateful that their children are remembered.

The 15-year-old young man who was driving is facing four counts of driving without a license in the deaths of all four of his friends, who were killed when his SUV wrecked. This teen 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. He is on home detention. For now, another high school, football practice, and church are the only activities he is allowed.
In an exclusive interview with the Florida Times Union after he was charged, the young man 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.

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September 10, 2009

Two Hurt in Single Vehicle Wreck

The Florida Highway Patrol reports that two people were injured last Wednesday when a pickup truck driver lost control of his vehicle and rolled, landing on its roof. According to FHP, a 21-year-old man was driving on SR A1A around 1:19 a.m. at the intersection of Grandview Road near St. Augustine Beach.

The driver was taken to Shands Jacksonville with serious injuries after being thrown from the pickup and through a privacy fence. His passenger, also a 21-year-old male, was trapped in the truck and taken to Flagler Hospital.

A blood alcohol test will be conducted and charges could be filed depending on the result. We wish these young men the best for a speedy recovery. The responding officers did a great job in getting the second man out of the vehicle and to the hospital.

I wish we knew more information such as, what kind of car was involved. Was a cell phone found at the scene and had the driver been texting? Were the occupants wearing their seat belts? What speed were they traveling and what were the road conditions at the time?

We hope these young men pull through, but speeding or road conditions and any of the above, including alcohol consumption, just doesn’t mix with driving.

Florida had more than 22,000 alcohol related crashes with more than 1,100 alcohol related fatalities across the state in 2008. Additionally there were more than 15,700 alcohol related injuries. Labor Day weekend in Florida is reported to be among the deadliest for drivers. Last year 36 people lost their lives on Florida roads and alcohol contributed to 12 of those deaths.

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September 4, 2009

Hilliard Woman Killed in SUV Accident

This is becoming a weekly report. Another older model Ford Explorer SUV has rolled over, this time killing a woman from North Florida. A 44-year-old woman from Hilliard was driving on County Road 108 near Amos White Road about 5:10 p.m. She suddenly swerved onto the right shoulder. It was raining at the time. The Florida Highway Patrol reports the SUV crossed a culvert and then overturned, hitting a tree in the process. The woman was taken to Shands Jacksonville where she was pronounced dead. The Florida Highway Patrol reports she was not wearing a seat belt at the time of the SUV rollover accident in Jacksonville.

My heart goes out to the family and friends of this woman for their loss. Our office offers our deepest sympathies to them as they go through this difficult time.

According to the Florida State Highway Safety and Motor Vehicle Traffic Crash Data, in the five years from 2003-7, Nassau County had 85 traffic crash deaths and the county has had significantly higher increases in traffic crashes, injuries and deaths than the Florida average. Also in that time period, more people were pulled over for driving with a suspended or revoked license or with a DUI in Nassau County than other counties in Florida.

At the same time there were fewer traffic citations given in Nassau County than in the rest of Florida.

We don’t have much information on how this accident happened. Was the driver distracted? Was she having a reaction to medication? Were the roads simply too slick to get control of the car? We also don’t know if there might be another driver at fault who caused her to go off the road or whether her car malfunctioned.

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September 2, 2009

Broward County Tobacco Win

A 92-year-old man went up against Big Tobacco and he won.

Last Thursday, a Broward County, Florida jury decided to award him more than $5.3 million at the conclusion of a Florida tobacco lawsuit trial in which he claimed cigarettes caused his wife’s death in 1996. The man sued Philip Morris for causing his wife’s lung cancer. His wife was 73 when she died. In an earlier phase of the trial, the jury agreed that cigarettes killed her.

Many people fail to understand the attitude toward cigarettes when the deceased woman started smoking at the age of 16 in 1923. Doctors advised people to smoke to calm their nerves. The government gave cigarettes out to soldiers. Television commercials promoted cigarette smoking as cool and sophisticated. Howard Engle, a Miami Beach pediatrician, who led the class action lawsuit representing some 700,000 smokers, had been a tobacco-addict since the 1940s when cigarette companies gave medical students at the University of Wisconsin free cigarettes. He hated Big Tobacco and its strategies used to create lifetime users by creating addicts.

Howard Engle died this past July at the age of 89. He had suffered from smoking–related respiratory disease and lymphoma. His lawsuit yielded him a little over $13,000, but he was excited to eventually see 42,558 Floridians split $575 million that was distributed to those in the class.

The Engle lawsuit established for the first time that the industry lied and deceived the public about the dangers of cigarettes. So while people today are fully informed before they begin smoking, years ago people were coaxed into an addiction, which takes more than will-power to quit.

The woman in the above story smoked two packs of cigarettes a day before she died and she couldn’t quit. One night when watching the ‘Seven Dwarfs,” the seven tobacco executives, swear to Congress in 1994 that cigarettes were not linked to cancer, she told her husband, “If anything happens to me, sue them.” It was tough to believe back then that professional executives would lie to the public. But it was true. By that time, the industry knew cigarettes caused lung cancer.

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August 28, 2009

Construction Worker Killed at I-95

A construction worker was hit and killed by a motorist driving an SUV Tuesday morning.

A 37-year-old died at the scene. The Nissan Xterra was driven by a 42-year-old man who stopped, but it was too late. This Florida car accident and work accident happened around 11 a.m. when visibility should not have been a problem. Fraser worked for Superior Construction and was painting strikes on the J. Turner Butler Boulevard ramp to I-95 North when he was hit.

Co-workers say 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. 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.

Exactly what happened is unclear and it is possible the Florida Highway Patrol could file charges.

Excessive speed would be the first thing to consider in this kind of auto accident in Florida. 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 horns honking and a driver even spit on his car when he slowed around a construction site.

Was the driver distracted? The American Automobile Association reports somewhere between 25 to 50 percent of all motor vehicle crashes have a distracted driver as their root cause and the National Highway Traffic Safety Administration reports there were 37,313 traffic fatalities last year.

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