Riviera Beach Resident Killed in Florida Turnpike Accident Near St. Cloud

Yesterday afternoon the Palm Beach Post reported on yet another fatal Florida car accident apparently caused by distracted driving.  According to the story, sixty three year old Ida Henderson was killed on Monday on Florida’s Turnpike near St. Cloud.  The Riviera Beach resident was on the turnpike near mile marker 237 when her SUV was bumped by a Pontiac Firebird driven by West Palm Beach resident, Karen Le Forge.  Le Forge’s vehicle struck a guardrail after the collision, and the woman suffered only minor injuries.  Ms. Henderson was not so fortunate.   Her SUV flipped onto its roof following the accident.  Ms. Henderson suffered substantial injuries following the crash, and she died at the scene.  Two other passengers involved in the incident were also injured.  They were taken to a local hospital, and both are expected to survive.

Investigations into the specific cause of the accident by local officers suggest that distracted driving may be at the root of the problem.  The driver of the car that drifted into another lane admitted that she was changing the CD player at the time of the accident.  While dealing with the music player, she unknowingly drifted into the next lane and bumped the victim’s SUV.  Authorities have not yet released any information on potential criminal charges that may or may not be filed in this case.

Beyond the possible criminal sanctions facing Ms. Le Forge following the incident, it is likely that a civil lawsuit may also result.  A Riviera Beach car accident lawyer may explain to the victim’s family that civil lawsuits are often filed following these accidents.  The civil law is distinct from any criminal law, as it relates to a legal dispute between private parties. When an individual is killed in an accident, as in this case, the family members of the victims—usually a spouse or children—are able to file suit against those whose misconduct led to the tragedy.  Lawsuits can be filed that seek redress for the harm caused to the victim herself and a separate claim for the losses suffered by the surviving family members as a result of losing their loved one.  The suits seeking recovery for the survivor’s losses are known as wrongful death lawsuits. 

In all cases, if a lawsuit is commenced, the parties involved will usually deal with the insurance companies that represent the defendant.  To win in any suit that goes to trial, the victims will need to show that the defendant driver did not act in a reasonable manner while driving on the road.  That failure to act reasonably must have specifically caused the accident and subsequent physical harm to the victim.  Most Florida accident attorneys know that distracted driving cases such as this one present classic legal questions of negligence and causation.   Inherent in its name, distracted driving is usually an act of negligence which may make one liable for damage.  However, it is insufficient to only show that one was distracted.  It must also be shown that the distraction actually caused the car accident.  This is often easily established—such as when one drifts while taking their eyes off the road causing them to hit a car that was in another lane. 

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Florida Defamation Lawsuit

Despite months after the jury acquitted her of murder charges for her 2-year-old daughter Caylee, Casey Anthony’s legal troubles are far from over. In 2008, Zenaida Gonzalez filed a defamation lawsuit against Anthony, however, it was halted and has recently resumed. Gonzalez was recently deposed and portions of her video deposition have been released to the public. Anthony however has invoked her 5^th Amendment right against self- incrimination during her initial deposition. According to the Orlando Sentinel, Gonzalez has claimed Anthony ruined her reputation when she (Anthony) informed detectives that a babysitter with the same name kidnapped her daughter Caylee during the summer of 2008. In order for Gonzalez to win in her Florida defamation lawsuit, under Florida law, the plaintiff would need to establish the defendant made a false publication of a statement about the plaintiff which was published to a third party and as a result, the plaintiff was harmed.

Defamation is one of the areas of tort law which originated under the common law. Even with some modifications by the United States Supreme Court, for example First Amendment constitutional considerations, defamation under the common law are still relevant in today’s Florida tort law. Additionally, as being reported by the Orlando Sentinel, Gonzalez has professed she has experienced “emotional pain and suffering” that was caused by Anthony.

Whether or not Gonzalez succeeds in her defamation suit, will depend upon a number of factors. Also, she must prove that Anthony intentionally or negligently made the statement about her personally to the detectives. It may be challenging for Gonzalez to establish that Anthony identified her as the babysitter during Anthony's statements to the detectives. Moreover, in a defamation action, it is important to assess whether or not a false statement is libelous or slanderous. A Miami defamation attorney often works with clients who have had false statements which were published in a written (libel) or an oral (slander) manner. Usually, the issue of negligence becomes relevant when a defendant has communicated directly to the plaintiff, but some third party has overheard the communication.

Because defamation law is very complicated, it is always advantageous for a potential plaintiff to seek counsel of a Miami personal injury attorney.  There are many circumstances in which a defendant could be liable for making false statements about another, including in a workplace environment. For example, under Florida law, employers can be held liable for defamation, or defamation of character, by making a defamatory statement about a former employee during a background reference check. Similarly, individuals can be held liable for defamation when they repeat a statement which is defamatory.

Basically, defamation law works to protect an individual’s reputation and imposes civil penalties when that interest has become invaded. If you believed that you have been defamed, or your reputation has been attacked, or you have been injured because of a defamatory statement, speaking with an Miami defamation lawyer can help you understand your legal rights and all of the remedies which may be available.

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Florida Statue of Limitations in Childhood Sexual Abuse Civil Cases

On Wednesday November 23, a story in the Associated Press reported that two new claims of child sexual abuse  have emerged against a former Penn State football coach who was arrested on November 5. The university’s former defensive coordinator, Jerry Sandusky, was indicted on 40 counts of child molestation charges as a result of a grand jury investigation. The National Public Radio has a complete timeline of the current Penn State child sexual assaults scandal on their website. The child sexual assault allegations against Sandusky claim that the abuse occurred during a course of 15 years, beginning in the 1990’s at the time when some of the young men were of the age 10 or 11. This could raise some important statute of limitations (SOL) issues in a civil action for potential plaintiffs, if a lawsuit were to be filed. Further, it is worthy of a discussion due to the relevance of prospective Florida civil suits filed by adults when raising a childhood abuse claim. An Orlando childhood assault attorney  is often familiar with SOL matters.

The statute of limitations refers to the period of time during which a criminal or civil lawsuit can be filed against a defendant. Fundamentally, if a potential plaintiff does not file a suit within the time period set forth in a federal or state statue, the plaintiff loses his or her right to bring an action at law. Moreover, it is significant that Florida residents understand how the SOL applies in a civil case based upon a Florida child sexual assault claim.

In an earlier blog, we conveyed that in 2010, the criminal and civil SOL’s were eliminated for minor children under the age of 16 at the time when their abuse occurred. This is due to a legal doctrine known as the Delayed Discovery Rule. In Hearndon v. Graham, 767  So. 2d 1179 (Fla. 2000), the Florida Supreme Court held that the delayed discovery doctrine is applicable in childhood sexual abuse cases. Further, according to the Court’s holding, a “cause of action does not accrue until the plaintiff either knows or reasonably should know of the tortuous act giving rise to the cause of action.” Id.  Essentially, the Court has recognized the major psychological trauma effects a childhood sexual abuse or incest can produce. It is common for the memory to become repressed as a result of a tragedy and due to shock; a child may place the memories of an awful event into an unconsciousness state in the mind. Usually, the remembrance of childhood abuse occurrence can become conscious again during therapy or counseling sessions.

A Fort Lauderdale personal injury attorney can help adults who believe or have discovered that they were sexually abused as a child. It is important to seek the advice of an attorney immediately because the SOL may be an issue. Under the new law, not all of the Florida childhood sexual abuses SOL’s were eliminated. However, discussing your circumstances with a Miami personal injury lawyer can help determine whether or not the SOL has expired and if you have a potential civil lawsuit.

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Unreported Institutional Child Sexual Abuse Cases and Civil Liability

Posted: November 23, 2011

 By now most of America has heard the shocking child sexual assaults scandal allegedly committed by former Pennsylvania State University (Penn State) defensive coordinator, Jerry Sandusky. Sandusky, 67, was arrested on November 5, 2011 after members of a Pennsylvania Thirty-Third Investigating Grand Jury indicted him on 40 counts of child sexual offenses, dating back to the 1990’s. The grand jury findings are based upon investigations, which originally began in 2008, after a mother of one of the young boys accusing Sandusky of inappropriate sexual conduct reported to school officials an alleged sexual assault incident between Sandusky and her then minor son. This prompted an investigation which eventually culminated in Sandusky’s arrest. Sandusky has denied all allegations of any sexual misconduct.

According to recent stories reported by the Associated Press, there were 8 young men who testified before the grand jury and have claimed that the former football coach sexually assaulted them over a course of 15 years, beginning in the 1990’s. Just minors at the time of the asserted offenses, some as young as 10 or 11, various of the injured parties testified that they had been a guest at Sandusky home at some point and that Sandusky provided them with a number of gifts including tennis shoes and game tickets. And at least one has alleged that Sandusky gave him $50 to purchase marijuana on one occasion. Perhaps even more disturbing are the findings in the grand jury’s report which indicate Penn State officials, Tim Curley, athletic director, and Gary Schultz, vice president of finance and business, were made aware of the allegations as early as 2002, but failed to report the allegations against Sandusky to law enforcement officers or the child welfare agencies. As a result of the grand jury’s findings, Curley and Schultz are now facing multiple criminal charges including perjury and for failing to report a suspected case of child abuse or neglect.

Apparently Sandusky came into contact with most of the minor boys through The Second Mile program which he established in 1977. Initially, the program was started as a foster home to help economic and socially disadvantage boys. Damaging evidence against Sandusky includes the testimony of a graduate assistant who testified that he eye witnessed Sandusky sexually assaulting a young boy as young as 10 or 11 in 2002 on the premises of Penn State.  The graduate assistant said he first spoke with his father, and subsequently reported the incident to former head coach Joseph Paterno.  Paterno, the legendary coach who has the most winning record in Division I collegiate football, claimed he reported the incident to higher officials. However, no one ever called the police or the child welfare officials. Paterno, along with the university’s president, Graham Spanier were fired on November 9, 2011, also for their failure to report the accusations against Sandusky.

Although Sandusky is currently facing criminal charges, this is one of, if not the most, heinous scandals involving collegiate football and it is likely that civil lawsuits will be filed in the future.  The Penn State investigations  appears to reveal an unreasonable cover up since the child molestation allegations against Sandusky were never reported to the police or child protective agencies by any of the university’s officials or employees. It is obvious that in light of this recent scandal, Penn State is involved in a legal thicket and a moral dilemma. Therefore, the following question arises. What is the civil responsibility of the university when an alleged child sexual abuse offense is committed by one of its officials, employees or independent contractors, or on its premises?

Is it not our individual or professional duty to ensure that our children are safe?  Fortunately in Florida, the legislature believes that children deserves the maximum protection against child sexual predators  and makes it mandatory for anyone, regardless of their profession, who knows or has reasonable cause to suspect that a child has been abused or neglected to report. Therefore, failure to report a suspected Florida institutional child abuse or neglect case by a university official, professor, employee or coach has significant legal consequences.

In a prior blog we have written about civil claims involving negligence in Florida. Under negligence theory, the plaintiff has to prove four elements against a defendant in court; duty, breach, causation and damages. Thus, if a civil action were to be filed against a higher education institution such as Penn State, based upon child sexual assault claims, the plaintiff would have to establish that he or she were owed a duty by the university, which was beached. And due to the breach, caused the plaintiff to sustain injuries and that damage was incurred as a result. But, depending upon state law and a university’s legal structure it is likely that a higher institution of learning or a school will attempt to raise the defense of sovereign immunity. An Orlando child abuse attorney can help injured children who have been harmed in a child abuse occurrence at a school, college or university.

Further, in some jurisdictions courts can hold higher education institutions liable under the doctrine of vicariously liability. Under this common law theory, courts can find a university strictly responsible because as an employer, they have the right to control the conduct of its employees who while during the scope of their employment inflicts harm or injury to a third party. As a result, Penn State could possibly argue that numerous of the alleged incidents occurred after the time Sandusky retired in 1999. However, as a University emeritus, Sandusky still had accessed to many of the campus facilities where some of the speculated wrongdoings occurred, and that could possibly materialize into a premise liability lawsuit,  due to the unsafe conditions on the premises and a failure by the university to adequately warn the parties who were injured on its property. While these are a few of the possible civil legal claims available for similarly situated mistreated sufferers of institutional child abuse, there are a myriad of other claims. It is best to contact a Miami personal injury lawyer who can discuss all of the available legal theories and remedies involved in cases of child sexual assaults.

In 2010, Governor Charlie Crist signed into law Florida House Bill 525 which eliminated the civil statute of limitations (SOL) on child sex abuse cases. Under current law, minor children under the age of 16 at the time of their abuse can hold their abusers accountable at any time, if not barred by the SOL as of July 1, 2010. Essentially, the new law recognizes that there are many psychological effects an abused child endures and it is considered normal for a child to repress his or her memories of such a traumatic event.  Nevertheless, children and parents living in Florida and who have or are facing similar circumstances should contact a Florida personal injury attorney  immediately who can provide the needed guidance in a child sexual abuse civil lawsuit.

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Overland Park Train Crash Injures 11

Trains and car aren’t often involved in collisions, but when they are, the consequences are often severe.  Last week a Tri-Rail train struck a 2009 Volkswagen Jetta which was stuck on the tracks at the Commercial Boulevard and Interstate 95 crossing site in Overland Park. Although no one was fatally harmed during the crash, the train caught fire and 11 of the 275 passengers were injured, reports the Orlando Sentinel.

In recent years, apparently this particular crossing location is a familiar site where Florida train crash victims have died in a train-automobile collision. Despite safety improvement features at the crossing in recent years, in the past two years at least two people have been killed after the driver stopped on the tracks. Also alarming is the Orlando Sentinel’s report on the data retrieved from the Federal Railroad Administration (FRA), which disclosed that out of the 170 train accidents which occurred in Broward, Palm Beach and Miami-Dade Counties during the period 2005 – August 2011, nearly half, or 80 occurred on the Tri-Rail tracks.

Florida railroad safety is a major concern of the FRA, since the state has some of the highest numbers of train accidents which occur in the country. In 2010, the agency required the state to submit plans by August 2011 to reduce the number of accidents and to implement those plans within five years, according to the Orlando Sentinel. Since the accident occurred at a crossing there are many questions regarding liability for the injuries the passengers sustained during the crash. Seemingly, Tri-Rail has undertaken methods to caution drivers about potential dangers at the crossing. The railway company has installed gates, flashing lights and posted warning signs at various spots at the crossing. However, Tri-Rail employees say that gates are not installed east of the crossing so that stuck drivers could exit the tracks. Depending upon the factual circumstances involved this particular incident, Tri-Rail or the driver of the vehicle could be determined negligent and held liable in a Florida personal injury lawsuit.

An investigation is still on-going as it is not yet clear how the Volkswagen became stuck on the tracks. Investigators are more than likely reviewing witness’s accounts of the events to determine whether or not impaired driving, safety violations, speeding or other forms of negligence were factors in this Overland Park train crash. There are many reasons why train accidents occur, however, common causes include conductor negligence, collisions with another train, mechanical defects, poorly maintained railway conditions, derailments and collisions with motor vehicles. Similar to other negligent causes of actions, the injured passengers would have to prove in Court that Tri-Rail, the vehicle driver, or other parties failed to exercise the reasonable care which they were owed under the circumstances and as a result caused the injuries they sustained during the crash.

Train accident law is very complicated as there may be multiple legal issues and parties involved. Nonetheless, an Overland Park injury lawyer can help with identifying the cause, including any negligence or mechanical failures, and responsible party. If you were one of the passengers on the Tri-Rail line on the day of the incident and were injured, or you or a family member have been injured in a related train crash, you should seek the advice of a Florida personal injury attorney immediately who can advise you of any legal claims you may be entitled to.

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Hit-and-Run Accident Kills Cyclist and Leaves One Injured

The Florida Highway Patrol is seeking assistance in locating the driver of a vehicle involved in a Vero Beach hit-and run-accident on Saturday, November 12th. According to News Channel 5 WPTV.com, in a news release issued by the Florida Highway Patrol, two bicyclists were riding their bikes on Saturday evening at approximately 9:35 p.m. on the 3900 block of 1^st Street SW, south of Vero Beach, when they were struck by an unknown driver. One of the victims, a 38 year-old, died at the scene of the accident, and the other victim sustained minor injuries, was treated and released at the Lawn Ridge Medical Center.

Also, according to the report, the bicyclists were traveling east when the vehicle, believed to be a black Toyota Camry or Solara, manufactured between the years 2007 and 2010, traveling in the same direction, partially left the road and hit the deceased victim. Continuing to travel south, the vehicle then collided with the second cyclist. The impact caused each of the cyclists to be ejected onto the south grassy shoulder of the road. The driver then left the scene of the accident.

This is devastating news and further disturbing when the wrongdoer is not taking responsibility for his or her conduct. Under Florida law, leaving the scene of an accident without providing your name, address, vehicle registration and driver’s license is considered a criminal offense which has serious consequences. Moreover, drivers who negligently operate a motor vehicle and causes injuries or death to another can be sued in a civil action. Under the negligence theory, Florida motor vehicle operators must exercise reasonable care during the course of driving, and failing to do so and causing the death or injury of another makes one liable for damages the victim incurs. There are unique legal claims involved in Florida hit-and-run collisions which may entitle a victim, or family members, the right to recover damages such as medical expenses, lost earnings; and pain and suffering.

Regrettably, Florida bicycle accidents  do occur and often results in serious personal injuries or death. In 2010, the Florida Highway Safety and Motor Vehicles’ (FHSMV) annual traffic crash statistics revealed there were 4,600 cyclists injured and 76 cyclists who suffered death when involved in a crash with a motor vehicle during the year. Although this represents a 29 percent decrease from 2009, each year in Florida, there are thousands of reported traffic crashes involving motor vehicles and cyclists, as reported by the FHSMV. This trend will likely continue since more individuals use bicycles for purposes other than for recreational use. The League of American Bicyclists reports that the 2010 American Community Survey compiled by the United States Census Bureau reveals during the years 2000 – 2010, there was a 40 percent growth in the number of American workers who use a bicycle as their primary mode of transportation to and from work.  If you are the victim, or a family member has been involved in a motor vehicle-bicycle crash it is important that you consult with a Florida car accident attorney  who can advise you of your legal rights.

Anyone with information regarding this fatal accident should contact the Florida Highway Patrol at 1-800-273-8477.

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Power Boating Racing Championships Overshadowed by a Week of Tragedies

In all sporting activities there are some risks of injuries or even death. Sadly, tragedy struck at the power boating world competition series during the week of November 7 – 13, 2011. According to a recent report by The Miami Herald, during the opening competition of the Key West World Championships on Wednesday, November 9, two Missouri racers were killed. Bob Morgan, owner/throttle man of Big Thunder, and Jeffrey Tillman, driver, died when their 46-foot catamaran with four 1,200 horsepower engines abruptly swept into the air and flipped upside down. Later on Friday November 11, a 28-footer Skater with twin 850-horsepower engines skidded offshore and resulted in fatal injuries to Page Motorsports’ throttle man Joey Gratton of University Park, Florida. Stephen Page, driver, of Fort Myers, Florida, sustained minor injuries, was treated and released from the Lower Keys Medical Center. Gratton died on Saturday, November 12 at the Miami Jackson’s Memorial Hospital.

As these incidents demonstrate, offshore racing is a dangerous sporting activity. But, normally experiences at least one death per year and last week’s shocking events was incredibly abnormal. Also according to The Miami Herald during Sunday’s finale a third Florida watercraft accident happened. Two powerboat racers from New Jersey sustained non-life threating injuries. Warpaint owner/driver Bob Vesper of Sommer Points and throttle man, Danny Crank of Hammonton, were in their 38-foot watercraft with 750-horsepower twin engines when they slammed into a wave. Vesper, was treated at the Lower Keys West Medical Center and Crank was evacuated to the Miami’s Jackson Memorial Center for treatment for a torn ear and a possible concussion he suffered during the crash.

The American Power Boat Association (APBA) is the sanctioning agency which has adopted policies for its members which are aimed at preventing or reducing the number of Florida power boating accidents during its events. Still, it is probable that given these recent sequences of fatal and personal injuries, there could be renewed concerns regarding excessive speeds, machinery and equipment failures, operator inattentiveness or weather conditions which are known to be contributing injury and death factors in boating collisions. Therefore, there are a numerous legal issues to consider in such occurrences which may give rise to various legal claims.

Furthermore, it is a requirement under federal and state law that Florida recreation accidents be reported to the appropriate authorities in a timely manner. One of the goals of these reporting obligations is to ensure that the country’s waterways remain safe. Although federal law permits each state to enact more stringent reporting mandates, under Title 33 of the United States Code of Federal Regulation (C.F.R.), it is required that all boating accidents which take place upon the U.S. waterways be reported to the U.S. Coast Guard within 30 days of its occurrence. In Florida, whenever there is a casualty, accident, collision involving a vessel, or personal injury which requires immediate medical attention beyond first aid assistance, the operator of the vessel must make an undelayed report to any of the three following agencies: the Division of Law Enforcement of the Fish and Wildlife Conservation Commission, the sheriff of the county in which the accident occurred or, if applicable, the police chief of the municipality which the accident occurred. In the event the operator is incapable of providing a report, it is the duty of the owner, or a witness to the accident to provide a report to the appropriate authorities. Similarly under Florida law, each coroner has an official duty upon learning the death of a victim of a boating accident in their jurisdiction to immediately notify their nearest Department of Law Enforcement.

Nevertheless, according to the U.S. Coastal Guard’s National Boating Statistics, in 2010, Florida had a total of 608 boating accidents which were fatal, non-fatal, or with property damage over $2,000. Additionally, 69 people died and another 364 were injured during such calamities; ranking Florida as the number one state for boating injury and death mishaps. It is important to consult with a Florida boat accident attorney if you or a loved one has been involved in a boating accident in our area. This area of law is very complex and there are potential legal claims under various legal theories, including negligence, wrongful death or strict/products liability that should be discussed with an attorney to protect a party’s legal rights.

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Questions Remain About Florida Car Repossession Resulting in Injury

This week Risk and Insurance Online recently highlighted a Florida personal injury case that may be of interest to all those in our area who have been involved in Florida car repossession injuries. The case, Sentry Insurance Co. v. Hamlin, involved a man injured while having his car repossessed. In Hamlin, the Florida District Court of Appeal held that when an employee in Florida is injured he is not entitled to benefits for those injuries when his car was towed out of his employer's lot during a repossession.

The Court justified their ruling by explaining that, in Florida, injuries are not compensable if the risk giving rise to the injury is personal in nature. Here, the risks were entirely personal and not related to the work the employee was doing.

In this case, a sales associate was busy working when he was informed by a supervisor that a tow truck had pulled up in the employer's lot and was near his vehicle. After hearing this, the employee went outside to investigate and, while there, spoke with the tow truck driver. The driver informed the employee that he had an order to repossess the employee's vehicle. The employee then called his bank who told him to remove what personal belongings he had from the vehicle as it was going to be repossessed. While the employee was collecting his things from the vehicle his body was hanging partially in the car and his feet were outside the vehicle, on the ground. While in this position, the driver of the tow truck decided to drive off with the vehicle. The employee was dragged and eventually run over by the tow truck, causing substantial injuries.

The employer initially paid the employee for the time he spent in the parking lot dealing with the tow truck driver, but did not pay benefits for his resulting injuries. The employee brought suit and the Florida District Court of Appeal found for the employer. The Court decided that the employee was not entitled to benefits because his injuries did not arise out of his employment.

The court examined whether the injuries arose from a risk incidental to work, explaining that mere presence at the workplace does not mean an injury arose out of employment. If employees are engaged in acts of personal comfort, breaks designed to refresh themselves before returning to work, this can be deemed work-related. Here the Court found that recovering property from a repossessed vehicle is not the type of activity associated with creating a "refreshed" employee. The employee was instead "carrying out a mission that was purely personal." Furthermore, the employee was also not acting in an emergency nor was there any evidence that he believed he was responding to an emergency. The employee admitted he was only in the car retrieving his personal items because the bank told him to, not due to an emergency or any work-related request.

Of course, this case dealt with a legal case brought against the employer in these situation, and not against the likely negligent tow truck driver and company. Legal rule are very much different depending on the actions of each specific defendant. These legal complexities make it imperative for all those involved in these accidents to visit a Florida car injury attorney to discuss your legal options. Though the Court has foreclosed the option of seeking damages from your employer if you were injured as a result of personal activities, a Florida car injury lawyer will be able to examine your specific case and determine what options are available to you.

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Florida Insurance Fraud Grows Expensive

Enterprising criminals in Florida are using Florida’s no-fault insurance laws to game the system at the expense of ordinary policy holders. It’s the law-abiding citizens that are increasingly covering the costs of the growing Florida insurance fraud cottage industry and legislators must now face the issue of what to do to curb the problem. It is also the real victims of Florida car accident injuries who are given a bad name by this abuse. With insurance rates throughout the state soaring as a result of the fraud, the only question that remains is whether legislators with so many other priorities will carve out the necessary space to address the issue during next year’s legislative session.

Any practical solution should tread a narrow line and attempt to reduce the rampant fraud while preserving the no-fault insurance which was designed to protect victims of car accidents. A total repeal of the no-fault law would end up causing harm to the same innocent policy holders who are now being punished by the fraudsters’ misbehavior.

The statistics speak for themselves. Since 2004, the number of Florida drivers has been fairly constant. The frequency of car crashes has even decreased. Add together safety efforts and their increasing effectiveness, better seat belts, improved air bags, more aggressive enforcement by police officers, and the result should be reduced medical costs associated with auto accidents. What has actually happened is that the benefits paid by insurers under the state’s no-fault law, called PIP (personal injury protection), have jumped some 70 percent since 2008.

Florida Insurance Commissioner Kevin McCarty estimates the insurance fraud in Florida has led drivers to pay $900 million more in insurance premiums. One would expect the increased premiums to be a boon to insurance companies; on the contrary, insurers are hemorrhaging money under their PIP claims. For every $1 insurance companies collect they are paying $1.40 in claims. This despite some companies raising their PIP premiums by as much as 50 percent in recent years.

The typical automobile insurance fraud scheme in Florida goes as follows: Fraudsters realize that under the state’s no-fault law, monetary damages from an accident up to $10,000 are covered by each driver’s own insurance. Knowing this, the criminals then set about staging an accident. With the fake accident now having taken place, both sides go to an unscrupulous medical clinic and bill their insurers for up to $10,000 for a variety of procedures that were never obtained. Other fraud occurs when dishonest lawyers or medical clinics exaggerate injuries for victims from legitimate crashes to unload even more money from insurers.

Auto insurance fraud was initially a problem confined to South Florida. However, this has changed dramatically and with incredible speed. As the economy has soured, the prevalence of these scams has spread north to Tampa and Orlando. In 2010, Hillsborough County had an estimated 739 staged accidents; Orlando, 394; and Miami, 292. Though some of the criminals responsible for setting up these elaborate hoaxes were eventually apprehended many more were not.

Our Florida car crash attorneys know that though such crimes aren’t especially hard to investigate, the fact of the matter is that law enforcement is stretched thin with a multitude of priorities and lacks the financial and human resources to deal with so many questionable claims.

The increasing costs associated with auto insurance fraud in Florida has prompted some in the industry to push for a change. They have suggested that Florida abolish its no-fault system in favor of a policy that holds the negligent driver responsible. While talk of such change swirls around the state, Florida’s insurance consumer advocates want to ensure citizens and legislators alike don’t forget that the main purpose of no-fault insurance is to help innocent Florida car accident victims regain their lives as soon as possible after a crash. It remains important for all victims of actual area crashes to ensure that they visit with a Florida car accident attorney to learn about their rights and ensure they are protected.

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Curbside Bus Accidents Detailed in New Report

According to a recent report from the Independent Florida Alligator, some concerns are being raised by students and other in Florida who consistently use curbside bus services.   A report by the National Transportation Safety Board (NTSB) has found that popular, low fare curbside buses have a significantly higher fatal accident rate in Florida and elsewhere than conventional bus carriers.  The federal report released last Monday showed that curbside buses have a fatal Florida bus accident rate seven times higher than that of other types of interstate bus operators. These curbside bus companies in Florida and other states also had higher roadside inspection violation rates.

“Curbside buses pick up passengers from street corners, parking lots and in front of retail stores rather than using traditional bus terminals. More than half of the companies have been in business for 10 years or less, and 44 percent have 10 or fewer buses,” noted the report by the National Transportation Safety Board.  Reuters reports that these travel options are popular, because fares on curbside buses can be as low as $1 and rarely exceed $30. New York City is a popular destination for curbside buses from Canada and states such as Connecticut, Virginia, Maryland, Massachusetts and North Carolina.

The difference in Florida bus crash rates between the varieties of bus services is not insubstantial. The fatal accident rate for curbside buses between 2005 and 2011 was 1.4 per 100 vehicles. That is compared with 0.2 percent for conventional buses.  According to a report by the Advocates for Auto and Highway Safety, “This year, there have been 23 interstate bus accidents in which 33 people have been killed and 452 others injured.”

The NTSB compiled the report at the request of U.S. Senator Charles E. Schumer (D-NY) and U.S. Congresswoman Nydia M. Velázquez (D-NY) after a March 2011 curbside bus accident in New York’s Bronx left fifteen passengers dead and eighteen more injured.   Since that time, the NTSB has investigated or reviewed five curbside bus accidents in which 22 people died and 159 sustained injury.

Some policymakers have been clear that they blame lax oversight of the industry on the problem, while others disagree.  Senator Schumer argued, “It’s abundantly clear that the oversight of this industry has not kept pace with its growth and the consequences have been deadly. The NTSB report is a wake-up call that we need a more rigorous regulatory regime and it provides a blueprint for how to fill the gaps.”

Because consumers buy tickets for curbside buses online through third party ticket brokers, it is difficult for them to check the safety record of the bus carrier, reports The Associated Press.

“When travelers board a bus, they should feel safe, whether the trip starts in a terminal or at a Chinatown sidewalk,” said Rep. Nydia M. Velázquez (D-NY). “The NTSB study has revealed important information about curbside motorcoach travel and, in the coming weeks, we’ll need to continue working to improve the safety regulations that govern this growing industry.”

The report claimed that the FMCSA is may be overburdened, making it difficult to keep up with inspections, with a ratio of just 1.15 investigators per 1,000 motor carriers. Curbside carriers shut down for safety violations often reopen under a different name, called reincarnated carriers, repainting buses, moving to different states and placing company ownership in another relative’s name. The lack of curbside carrier’s fixed terminal and incorrect contact information provided to regulatory authorities by carriers made scheduling and conducting inspections difficult.

“Business and safety practices within the growing curbside bus industry create challenges for enforcement authorities and consumers alike when it comes to separating the safe operators from the unsafe operators,” Chairman Hersman said during a press conference.  Of course, not all bus accidents are the fault of the bus driver or bus company.  The legal rules surrounding bus crashes hinge on the specific facts in specific cases.  Our Florida bus accident attorney recommend that all those involved in these accidents seek out proper legal representatives who are experienced in these matters and can explain the legal principles that are likely to guide the final outcome.  Florida injury attorneys are capable of looking into the details of an individual case and helping involved parties better understand whether or not liability will likely attach and what options are best for those involved. 

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Apopka School Bus Crash Injures Seven

Traffic collisions are the most common cause of accidental injury that strikes in Florida.  Considering that virtually everyone travels on our area roadways several times a day, it should not come as a surprise that Florida car accident injuries strike with startling frequency.  All vehicles on the roadway can get caught up in an accident, from eighteen-wheel semi trailers to bicycles.  For example, late last week, the Orlando Sun Sentinel reported on an Apopka school bus accident. 

The accident struck last week as the school bus was filled and bringing children to a nearby school for morning classes.  According to reports, shortly after 8 a.m. the school bus was traveling on Orange Blossom Trail at Neal Sibert Drive when the accident occurred.   The bus stopped on the road to pick up students that were standing nearby waiting for the ride.  At the same time, a Lynx bus was traveling behind the bus on the same road.  However, the Lynx bus driver was apparently not paying proper attention to the road in front of him, and he did not notice that the school bus had stopped.  As a result, the Lynx bus slammed into the back of the school bus.  As often happens in accidents involved vehicles with many passengers, there were several injuries.  All told at least seven people were taken to the hospital, including four children.   The Lynx bus driver and two passengers on the Lynx bus were also injured. 

Authorities are still investigating the crash to determine all of the factors in play that led to the accident.  However, the Lynx bus driver was cited for careless driving for failing to stop before hitting the bus. When it comes to any possible civil lawsuit that stems from this accident that citation will likely play a role in an Apopka bus accident lawsuit, but it is not necessarily determinative. 

Those hurt in this accident can file a civil lawsuit to recover for their losses.  That suit would likely be based in the law of negligence.  Under normal circumstances, to win a negligence case the victim must show that another breached their duty of care causing them injury.  These suits can be filed after traffic accidents even where no specific traffic citation was filed.  However, if a citation is given to a driver, that citation will likely be used as evidence by the plaintiff in the case to show that a duty was owed and breached.  In other words, if a defendant violates a statute, then the court will often use that fact as proof that several of the elements needed to win a negligence case were shown.  It doesn’t necessarily end the case but moves it along.

Besides implicating a statute, this Florida Lynx bus collision also likely involves the legal principle known as respondeat superior.  If a suit is filed, the victims will likely seek to hold the Lynx company itself responsible for the actions of its employee—the bus driver, Raymond Mieles.  Under the principle of respondeat superior, the employer may be held vicariously liable for the conduct of their employees if performed in the course of their employment.

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The Miami Herald recently published a string of stories related to the Homestead, Florida plane crash that struck last weekend, killing the two occupants inside the aircraft.  According to reports the accident occurred last Saturday morning, shortly after 10:30am.  The ultra-light plane—a yellow single-engine fixed wing craft—began spiraling downward not far from Richards Field Airport.  According to the National Transportation Safety Board spokesman who discussed the matter, the plane began to nose-dive and eventually crashed about a thousand feet from Richards—a private grass strip airport northwest of Homestead in southern Florida. 

Initially, authorities did not know the identities of the two victims, a man and female.  However, it was confirmed early on that the owner of the plane, Louis Richard Bragassa was not in the plane when the Florida plane crash occurred.  Last night the identities of the victims were finally released.  The pilot of the airplane was fifty-seven year old Rick Blanco and the passenger was forty-seven year old Andra Bronnenberg.  The National Transportation Safety Board expects to release a preliminary report on the tragedy by the end of this week.

It is common for a Miami plane crash attorney to mention the Latin phrase res ipsa loquitor when discussing the legal issues related to these accidents.  Res ipsa loquitor mean “the thing speaks for itself” and refers to an incident that could only happen due to some act of negligence.  In other words, it is a legal principle that is often used when the specific cause of some tragedy remains unknown, and a victim is asserting that the event could not have occurred but for some act of negligence.  Plane crashes are a common example of this principle at work, because planes do not normally fall out of the sky.  Therefore, some some form of negligence is likely to have caused the problem.

However, res ipsa loquitor is a principle that does not necessarily provide any firm legal conclusions.  Instead, close examination and investigation is still required following most of these tragedies to specifically determine how liability should be apportioned should a Florida plane accident lawsuit be filed by an involved party or their surviving family members.  As a basic matter, it will need to be determined if a malfunction with the aircraft or pilot error were involved in the crash.  However, no matter what the specific cause was, there are other factors that might play into the legal issues of the crash.  For example, if pilot error were involved, it must be determined why Mr. Blanco was in the aircraft, what his experience level was, and what his relationship to the plane owner was.  Similarly, if a mechanical problem was the root cause, then the recent maintenance issues would need to be investigated and similar information would be crucial to all legal resolutions.

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