Charges are currently pending against a Boynton Beach man as investigators are awaiting test results to determine whether or not alcohol or drugs was a factor in a serious motor vehicle accident. The Sun Sentinel is reporting that Alexander Worrall, an 18-year-old male, was driving a Ford SUV which struck the right side of a 2009 Hyundai Sedan being driven by Maurice Gartman, age 85. Apparently, Mr. Gartman and his passenger wife, Evelyn, age 82, traveled west on Old Boynton Beach Road on Wednesday, December 7, 2011. As Mr. Gartman made a left turn onto Military Trail, a SUV which traveled southbound and was being driven by Worrall ran a red light and crashed into the elderly couple’s vehicle. The couple were seriously injured and taken to the Delray Medical Center in critical condition and required intensive care treatment.
It is always devastating to find out that someone has been seriously hurt or die as a result of a drunk or drugged driver. And, according to the National Highway Traffic Safety Administration latest report, in 2009, there were 32,807 persons killed in an alcohol impairment crash. Drinking and drugged driving still remains a national problem, despite strict driving while intoxicated (DWI) and driving under the influence (DUI) laws.
Our Fort Lauderdale motor vehicle accident attorneys cannot stress enough how often we hear from the families of those who loved ones who have become permanently or totally disabled, or died as a result of driver alcohol or drug impairment. Once again, drunk, drugged or buzzed driving is a major cause of automobile crashes and commonly results in serious injuries and deaths.
Further, we feel that it is important to raise awareness of this issue since many of you will be celebrating the coming of a new year this weekend. As you celebrate your New Year Eve’s festivities, please remember to not drink or drive; or ride with someone who does. Taxi companies and the Tipsy Tow program sponsored by AAA are offering safe rides as a community prevention effort to save lives. Tipsy Tow is not a national program, but will providing this service throughout the state of Florida, according to the AAA Newsroom website. If you have questions, you can contact AAA Auto Club South.
Although our Fort Lauderdale motor accident injury lawyers realize that most persons know that if they are convicted of drunk or drugged driving, they will receive some type of criminal punishment, however, many will still take the risk to drive while impaired. Still, what many fail to know is that they could also face severe civil punishments as a result of them causing someone to become permanently and totally disabled, or having to under go costly rehabilitative and therapy sessions; or having to worry about funeral expenses when a loved one has died as a result of their poor judgment.
But, our Fort Lauderdale car crash attorneys understand the devastation of losing a loved one and the variety of unduly economic burdens injured persons or their families endure as a result of another’s negligence. Depending upon the nature of the accident, claims based upon drunk or impaired driving may be filed under the negligence theory of tort law. A tort is a civil wrongdoing and the law provides a remedy when a wrongdoer inflicts injuries upon another. Essentially, negligence can occur when a drunk driver fails to exercise his or her standards of reasonable care under the circumstances and causes someone else to become injured. And when the courts have determined that he or she is the responsible party for the hurt inflicted upon another, monetary compensation can be awarded to recover costs for medical expenses, lost income and pain and suffering.
All of our Fort Lauderdale personal injury attorneys wish you and your families a Happy and Safe New Year. And if you or a loved becomes injured as a result of another’s negligence, contact our office to discuss your case.
See Our Related Blog Posts:
School Bus Crashes into a Wall at Houston Tavern
Riviera Beach Resident Killed in Florida Turnpike Accident Near St. Cloud
Showing posts with label fort lauderdale car accident attorneys. Show all posts
Showing posts with label fort lauderdale car accident attorneys. Show all posts
Friday, December 30, 2011
Thursday, December 22, 2011
Texting While Driving Fatal Crash Results in Family Being Awarded $8.8 Million
The Sun Sentinel is reporting that a Miami-Dade jury has awarded $8.8 million to a family of a mother killed during a texting while driving automobile crash. In 2008, the descendant was a passenger in a vehicle which was driven by her husband. The coupled traveled eastbound on Bird Road when the Defendant, then 17-year-old Luis Cruz-Govin, drove a Subaru and slammed into their vehicle. The impact of the collision resulted in the death of Myriam del Socorro at the scene of the accident and her husband, Willis Torres, sustained serious internal injuries, including substantial abdominal bleeding and a laceration from his chest to his stomach. Further, evidence presented in this case revealed that the teenager traveled at a speed between 61 and 69 miles per hour (mph) in a 40 mph zone and that he had sent an outgoing text message at 8:19 p.m… Paramedics were called to the scene at 8:21.
Govin was charged with speeding and reckless driving. He was sentenced to pay a $2,000 fine, a six-month license suspension and had to complete a court-ordered advanced driving course. Our Fort Lauderdale automobile accident attorneys believe that texting while driving is distracted driving that causes serious injuries and deaths. We wish that motor vehicle operators recognize the grave nature of this activity while driving and the lasting impact it has on the injured parties and their families when someone is seriously hurt or killed as a result. Perhaps, our Florida legislature in the upcoming legislative session will follow the recent recommendations of the National Transportation Safety Board to the government, and ban the use of cell phones and texting devices during driving in Florida. Currently, the state of Florida does not have any restrictions placed on texting while driving, despite there being accidents in which texting while driving was a significant factor involved in a crash that injured or killed someone.
Moreover, in its 2009 study of distracted drivers of commercial vehicles, the Virginia Tech Transportation Institute concluded that “texting should be banned in moving vehicles for all drivers”. Additionally, the study’s preliminary findings revealed that when a driver texts for 6 seconds, he or she is actually looking at their cell phone for 4.6 seconds of that time. As Fort Lauderdale personal injury attorneys hired to represent individuals who have been seriously hurt in a motor vehicle collision, or are a family member who has lost someone who was killed as a result of distracted driving incident, we gather and investigate all the facts and evidence to prove that the other driver was negligent. We will even subpoena cell phone records to present as evidence to support our client’s claims and establish the liability of the other driver.
It is always best to contact a Fort Lauderdale car accident lawyer if you have suffered a personal injury during a distracted driving crash. You may have a legal claim and may be able to recover damages for your personal injuries and property damages which were caused by the negligence of the other driver.
See Our Related Blogs:
Hit-and-Run Accident Kills Cyclist and Leaves One Injured
Apopka School Bus Crash Injures Seven
Govin was charged with speeding and reckless driving. He was sentenced to pay a $2,000 fine, a six-month license suspension and had to complete a court-ordered advanced driving course. Our Fort Lauderdale automobile accident attorneys believe that texting while driving is distracted driving that causes serious injuries and deaths. We wish that motor vehicle operators recognize the grave nature of this activity while driving and the lasting impact it has on the injured parties and their families when someone is seriously hurt or killed as a result. Perhaps, our Florida legislature in the upcoming legislative session will follow the recent recommendations of the National Transportation Safety Board to the government, and ban the use of cell phones and texting devices during driving in Florida. Currently, the state of Florida does not have any restrictions placed on texting while driving, despite there being accidents in which texting while driving was a significant factor involved in a crash that injured or killed someone.
Moreover, in its 2009 study of distracted drivers of commercial vehicles, the Virginia Tech Transportation Institute concluded that “texting should be banned in moving vehicles for all drivers”. Additionally, the study’s preliminary findings revealed that when a driver texts for 6 seconds, he or she is actually looking at their cell phone for 4.6 seconds of that time. As Fort Lauderdale personal injury attorneys hired to represent individuals who have been seriously hurt in a motor vehicle collision, or are a family member who has lost someone who was killed as a result of distracted driving incident, we gather and investigate all the facts and evidence to prove that the other driver was negligent. We will even subpoena cell phone records to present as evidence to support our client’s claims and establish the liability of the other driver.
It is always best to contact a Fort Lauderdale car accident lawyer if you have suffered a personal injury during a distracted driving crash. You may have a legal claim and may be able to recover damages for your personal injuries and property damages which were caused by the negligence of the other driver.
See Our Related Blogs:
Hit-and-Run Accident Kills Cyclist and Leaves One Injured
Apopka School Bus Crash Injures Seven
Friday, December 16, 2011
Comparative Fault Is A Factor in Florida Crash Cases
Head and brain injuries are major causes of death. Blunt force to the head can cause the brain to bounce against the inner wall of the skull. As a result, the brain is injured and loose function. The Centers for Disease Control and Prevention reports that each year, 1. 7 million people suffer from a traumatic brain injury (TBI). And among that group, 52,000 people in the United States die each year from this type of injury. A TBI, which can range in its severity, can cause permanent disability including speech impairment and neurocognitive defects. Although falls are the leading causes of a TBI, motor-vehicle traffic injuries is the leading cause of a TBI related death, and these rates are highest among adults between the ages of 20 to 24 years of age, according to the Centers for Disease Control and Prevention.
In February, a Delray police sergeant suffered traumatic injury to his head and was killed during a one car crash. According to the Sun Sentinel, a final investigation of this horrific crash determined that Sergeant Adam Rosenthal had been running late for an early morning shift, was speeding at 70 mph and was not wearing his seatbelt. After losing control of the police vehicle he drove that morning, his car begun “yawning back and forth” on the roadway and ultimately the passenger side of the vehicle struck a tree. The speed limit for the curved section on the highway which he traveled is 45 mph. A later autopsy report concluded that he died from blunt force trauma to the head.
It is also believed that Rosenthal may have been distracted by his patrol car’s computer, as reported by the Sun Sentinel. However, based upon the final investigation, the computer indicated that his seat belt was not buckled during the crash. Our Fort Lauderdale car accident attorneys send our sincere condolences to his family.
Nevertheless, when people are hurt or killed during an automobile accident, an investigation is usually conducted to determine whether or not the vehicle has held up according to the manufacturers’ safety standards. Our Fort Lauderdale injury attorneys recognize that the performance of the vehicle is an important factor in evaluating a cause of death or injury during a motor vehicle collision. If it is determined that the automobile had a performance defect, a vehicle manufacturer could be held liable by failing to provide vehicle occupants safe protection in the event of a motor vehicle crash, based upon the legal doctrine of crashworthiness.
Basically, under this doctrine, a manufacturer of a motor vehicle could be liable if it is determined that the airbags of the vehicle were defect, or did not deploy correctly at the time of the crash. Additionally, until recently, comparative fault was not an issue in claims involving crashworthiness. Comparative fault, or comparative negligence, is a defense in which defendants claim that a plaintiff in a motor vehicle negligence action was partially at fault for causing the accident.
There is Florida case law history on the issue of crashworthiness and comparative fault. In 1968, in Larsen v. General Motors [391 F2d 495], the Court determined that manufacturers are responsible for making their vehicles as reasonably safe as possible in the event of a collision and liable for damages a person sustains during an automobile crash. However, in 2001, the Supreme Court ruled that vehicle manufacturers are only responsible for enhanced injuries, in D’Amario vs. Ford Motor Company [806 So. 2d 424 (Fla. 2001)].
Basically, in D’Amario, the Court ruled that under the theory of recovery involving crashworthiness, a plaintiff could recover for a secondary injury caused by a manufacturer’s defective product. Secondary injuries are additional injuries which result after an initial accident. For example, in D’Amario, the plaintiff was a minor passenger in a motor vehicle that had struck a tree. Subsequently, a fire engulfed and the minor plaintiff suffered serious personal injuries including burns and the loss of three limbs. Moreover, minor plaintiff sued the Ford Motor Company and argued that Ford had manufactured a defective relay switch on the vehicle in which he was a passenger, and but for Ford’s negligence, he would not have been injured. He argued that the defective relay switch caused the fire.
However, Ford defended and argued that it was the initial impact which was caused by the negligence of an alleged intoxicated and speeding driver of the vehicle, and not the relay switch. But, the minor plaintiff argued that he was not seeking damages from the initial impact, but on the second accident; the fire explosion. The jury returned a verdict in favor of Ford. Ultimately, the case would be heard by the Supreme Court, and the Court was presented with the issue of comparative fault in crashworthiness cases; and ruled that comparative fault in issues involving first collisions do not apply in crashworthiness cases.
In June, a new law enacted by the Florida legislature now allows jurors to hear evidence of possible plaintiffs’ comparative faults. If you have been involved in a car crash, you should contact a Fort Lauderdale accident attorney to discuss your legal options.
See Our Related Blog Posts:
School Bus Crashes into a Wall at Houston Tavern
Riviera Beach Resident Killed in Florida Turnpike Accident Near St. Cloud
In February, a Delray police sergeant suffered traumatic injury to his head and was killed during a one car crash. According to the Sun Sentinel, a final investigation of this horrific crash determined that Sergeant Adam Rosenthal had been running late for an early morning shift, was speeding at 70 mph and was not wearing his seatbelt. After losing control of the police vehicle he drove that morning, his car begun “yawning back and forth” on the roadway and ultimately the passenger side of the vehicle struck a tree. The speed limit for the curved section on the highway which he traveled is 45 mph. A later autopsy report concluded that he died from blunt force trauma to the head.
It is also believed that Rosenthal may have been distracted by his patrol car’s computer, as reported by the Sun Sentinel. However, based upon the final investigation, the computer indicated that his seat belt was not buckled during the crash. Our Fort Lauderdale car accident attorneys send our sincere condolences to his family.
Nevertheless, when people are hurt or killed during an automobile accident, an investigation is usually conducted to determine whether or not the vehicle has held up according to the manufacturers’ safety standards. Our Fort Lauderdale injury attorneys recognize that the performance of the vehicle is an important factor in evaluating a cause of death or injury during a motor vehicle collision. If it is determined that the automobile had a performance defect, a vehicle manufacturer could be held liable by failing to provide vehicle occupants safe protection in the event of a motor vehicle crash, based upon the legal doctrine of crashworthiness.
Basically, under this doctrine, a manufacturer of a motor vehicle could be liable if it is determined that the airbags of the vehicle were defect, or did not deploy correctly at the time of the crash. Additionally, until recently, comparative fault was not an issue in claims involving crashworthiness. Comparative fault, or comparative negligence, is a defense in which defendants claim that a plaintiff in a motor vehicle negligence action was partially at fault for causing the accident.
There is Florida case law history on the issue of crashworthiness and comparative fault. In 1968, in Larsen v. General Motors [391 F2d 495], the Court determined that manufacturers are responsible for making their vehicles as reasonably safe as possible in the event of a collision and liable for damages a person sustains during an automobile crash. However, in 2001, the Supreme Court ruled that vehicle manufacturers are only responsible for enhanced injuries, in D’Amario vs. Ford Motor Company [806 So. 2d 424 (Fla. 2001)].
Basically, in D’Amario, the Court ruled that under the theory of recovery involving crashworthiness, a plaintiff could recover for a secondary injury caused by a manufacturer’s defective product. Secondary injuries are additional injuries which result after an initial accident. For example, in D’Amario, the plaintiff was a minor passenger in a motor vehicle that had struck a tree. Subsequently, a fire engulfed and the minor plaintiff suffered serious personal injuries including burns and the loss of three limbs. Moreover, minor plaintiff sued the Ford Motor Company and argued that Ford had manufactured a defective relay switch on the vehicle in which he was a passenger, and but for Ford’s negligence, he would not have been injured. He argued that the defective relay switch caused the fire.
However, Ford defended and argued that it was the initial impact which was caused by the negligence of an alleged intoxicated and speeding driver of the vehicle, and not the relay switch. But, the minor plaintiff argued that he was not seeking damages from the initial impact, but on the second accident; the fire explosion. The jury returned a verdict in favor of Ford. Ultimately, the case would be heard by the Supreme Court, and the Court was presented with the issue of comparative fault in crashworthiness cases; and ruled that comparative fault in issues involving first collisions do not apply in crashworthiness cases.
In June, a new law enacted by the Florida legislature now allows jurors to hear evidence of possible plaintiffs’ comparative faults. If you have been involved in a car crash, you should contact a Fort Lauderdale accident attorney to discuss your legal options.
See Our Related Blog Posts:
School Bus Crashes into a Wall at Houston Tavern
Riviera Beach Resident Killed in Florida Turnpike Accident Near St. Cloud
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