Archive for the ‘Car Accidents’ Category

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Car Accident Involving an Alleged Drunk Driver: Father and His Three Sons Die as a Result

Monday, August 23rd, 2010

 We recently addressed the statistics of car accidents involving drunk drivers, and are sad to report that a father and his three sons tragically died in a car accident in St. Petersburg-allegedly due to the actions of a drunk driver.       

The St. Petersburg Times reported that the four men who died in the car accident, Elroy McConnell, Elroy McConnell, III, Nathan McConnell, and Kelly McConnell, were returning to their family at a vacation home in Redington Beach after a “guy’s night out.” Unfortunately, they never made it back.  

According to the St. Petersburg Times report, three women are left widowed, two children are left without a father, and another man faces four counts of manslaughter while driving under the influence. The police are claiming that the car accident was caused by a 20 year old drunk driver. 

The car accident occurred at 12:46 a.m. at Dr. Martin Luther King Jr. Street and 22nd Ave North when Demetrius Jordan allegedly sped through a red light. Demetrius Jordan was accompanied by his cousin, Mario Robinson, who is also 20. Both Jordan and Robinson were injured, but are expected to survive. Elroy McConnell and his three sons all died at the scene. 

If you have lost someone as a result of a car accident involving a drunk driver, contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes for a free consultation. We see you through.

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Car Accidents With Drunk Drivers: What Am I Entitled To?

Monday, August 16th, 2010

Unfortunately, car accidents involving drunk drivers happen all the time.  The National Highway Traffic Safety Administration reported that there were 792 fatal car accidents in Florida in 2008 involving at least one driver with a blood alcohol level of .08% or above .  If you are injured in a car accident involving a drunk driver, what compensation is available to you?

Under Florida Law, compensatory damages are available to car accident victims to compensate them for their loss, injury or harm.  This essentially includes economic losses and noneconomic losses, such as pain and suffering, disability, disfigurement, mental anguish and loss of capacity for the enjoyment of life. But in some cases, additional damages may be allowed that will serve to punish or deter malicious or reckless behavior. These are called punitive damages. 

In most cases, punitive damages are either limited or difficult to obtain since Florida has undergone extensive tort reform. However, punitive damages are generally available in cases involving drunk drivers who cause a car accident.  This means that a plaintiff would be entitled to a substantially larger damages award if a case for punitive damages can be made.  A plaintiff seeking punitive damages in a car accident case involving a drunk driver must show that the defendant was under the influence of alcohol or another drug to the extent that the defendant’s normal faculties were impaired, or that he had a blood or breath alcohol level of 0.08% or higher at the time of his negligence. 

If you are injured by a drunk driver or have lost a family member to a car accident involving a drunk driver, it is crucial that you have an experienced attorney to advise you of the type of damages available to you, such as punitive damages.  Contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes today for a free consultation. We see you through.

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Pedestrian Deaths or Injuries: Are You Entitled to Compensation?

Tuesday, August 10th, 2010

Pedestrian deaths are not uncommon in the Tampa Bay area.  Our roadways are often shared with pedestrians either just trying to get from point A to point B, or merely taking a walk to enjoy the sunshine.  However, when drivers are not conscientious or aware of pedestrians, a peaceful walk can often turn into an unnecessary tragedy. 

Just this June the St. Petersburg Times reported a pedestrian death that occurred on Gulf-to-Bay. Sadly, pedestrian deaths happen all the time in our community and families are left with stacks of bills, endless questions, and uncertainties about the future. 

So what do you do if you or a loved one is injured in a pedestrian accident?  Many people think that if a citation is not issued to the driver of the automobile, they don’t have a claim for the pedestrian’s injuries.  But this notion is incorrect.  Even if a citation is not issued to the driver of the automobile that caused the injuries, you may still have a civil claim for your injuries or the death of a loved one.  The law in Florida for pedestrian cases does not turn only on the issuance of a citation, but rather on a determination of negligence.  Basically, if it can be shown that the driver of the automobile was negligent in their actions, whether criminal or not, you may be entitled to compensation.  This applies not only to the pedestrian who is hit, but can also apply to his or her family members.

Although every case is different, negligence is often shown by evidence indicating that a driver was not paying attention to their driving, using a cell phone or even driving while intoxicated.   While the actions of the pedestrian are also taken into account, you need the help of an experienced attorney to help you determine if you have a claim for your injuries or the death of a loved one.  Contact the personal injury attorneys at Perenich, Caulfield, Avril & Noyes today for a free consultation if you or a family member is injured in a pedestrian accident. We see you through.

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Wrongful Death Case – Jury Rewards $2,950,000

Tuesday, July 27th, 2010

Oversized vehicles and tractor trailers are often a cause of concern for other drivers on the road. When an oversized vehicle or tractor trailer and a car get into a car accident, the injuries can sometimes be fatal. This was the case in Lee County on December 22, 2004 when a family lost a loved one to a car accident with a tractor trailer. The car accident occurred at approximately 5:40 a.m. on Metro Parkway. The decedent, Michael K. Bandsuch, was traveling southbound in his vehicle when a tractor trailer allegedly stopped in the middle of the road and blocked both lanes of traffic. The driver of the tractor trailer was an employee for Werner Enterprises and was making a delivery at the time of the car accident. In a vehicle next to the decedent was another driver, Ronald Lemaster. Both Lemaster and Bandsuch noticed the tractor trailer, but unlike Lemaster, Bandsuch was unable to avoid the car accident. He struck the tractor trailer and sustained fatal injuries as a result of the collision.

After a nine day trial and eight and half hours of deliberation, a jury in Lee County, Florida returned a verdict of $2,950,000. The U.S. Court of Appeals for the Eleventh Circuit affirmed the jury’s verdict on April 6, 2010. The defendant driver claimed that the truck he was driving complied with the required amount of reflective tape on the side of the trailer and also claimed that the tractor and trailer had sufficient lighting at the time of the car accident. However, he did not dispute that he was blocking both lanes of southbound traffic. Despite the defendants’ allegations that Bandsuch had medical conditions that contributed to the car accident and could possibly reduce damages, the jury found no negligence on the part of Bandsuch. 

If a case like this goes before a jury, many unique factors come into play. Specifically, the testimony of witnesses referred to as “experts” can greatly increase a plaintiff’s chance of recovery. Experts are witnesses who through a showing of sufficient knowledge, skill, experience, training, or education, are entitled to give an opinion in a case and testify to scientific or technical matters if it would assist a jury. The attorneys for the Plaintiffs in this case, John Romano and Maureen Martinez-Schwab of West Palm Beach, FL, put on an Accident Reconstructionist and Economist to aid the jury in understanding how the accident happened, and to help the jury to determine the amount of damages. The attorneys at Perenich, Caulfield, Avril & Noyes have a great deal of experience with jury trials and specialize in wrongful death cases such as this. Two attorneys at our firm are Board Certified in Trial Advocacy, and all of our attorneys work hard to determine what type of experts are important to your case. If you lose a family member in a car accident such as this, click here to contact us.  We see you through.

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Car Accident Involving a Fire Rescue Truck: Not So Unusual?

Wednesday, July 21st, 2010

Today the St. Petersburg Times reported a car accident involving a Fire Rescue truck and delivery truck on Gulf-to-Bay Boulevard. Believe it or not, these types of car accidents occur more often than you might think. Luckily, no one was injured in this car accident, but that is not always the case.

While we don’t know if this Fire Rescue truck was on an emergency call at the time, we see many cases where drivers fail to yield to an emergency vehicle and cause a car accident. As a result, firefighters and other emergency workers are sometimes injured and unable to continue serving our community. Often times, the emergency vehicle is not able to continue in route to the emergency call. That means that someone who needs emergency care may not receive it as quickly as they would have otherwise.

Most people are well aware that they have a duty to yield to emergency vehicles. However, many drivers are distracted by cell phones, loud music, and even browsing the internet while they drive. These distractions can lead to a driver being completely unaware of an approaching emergency vehicle, and in turn, cause a car accident.

To prevent these types of motor vehicle accidents from occurring, Florida law sets forth the responsibilities of other drivers when an emergency vehicle is approaching. Florida Statute Section 316.126(a) provides that when an emergency vehicle gives signals to other drivers by way of a siren, exhaust whistle, other device, or visual signal in the form of blue or red lights, the other drivers must yield the right-of-way to the emergency vehicle. All drivers must immediately proceed to a position parallel to, and as close as reasonable to the closest edge of the roadway. Additionally, the driver must clear any intersection and remain in position until the authorized emergency vehicle has passed.

All of us at Perenich, Caulfield, Avril & Noyes, P.A. would like to remind drivers to be alert to approaching emergency vehicles. If you are injured in a car accident involving an emergency vehicle, the personal injury attorneys at Perenich, Caulfield, Avril & Noyes, P.A. can assist you. Click here to schedule a free case consultation.

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Repeat DUI Offender Who Caused Death of 15-year-old Passenger Sent to Prison

Wednesday, July 21st, 2010

Drinking and driving does cause motor vehicle accidents and often times it destroys lives in the process. In 2004, Tiffany Marie Graham caused a car accident when she turned in front of another vehicle. The accident resulted in the wrongful death of a 15-year-old passenger. Graham was found to be intoxicated at the time of the car accident and charged with DUI manslaughter. While her 15-year-old dead passenger wasn’t given a second chance, in 2006 a judge essentially gave Graham just such a second chance by only sentencing her to a year in jail and six years of probation.

In June of 2010, Graham was again accused of a DUI, this time after drinking liquor at a popular Pinellas County beach bar. Luckily she didn’t cause another deadly accident, but her actions did catch the ire of the presiding judge who sentenced her to six years in prison for violating the terms of her probation by leaving Hillsborough County without permission.   

Unfortunately, Florida roads see drunk drivers everyday. Sometimes these drunk drivers don’t cause accidents, but many times they do. But what we do know, every time they hit the road drunk, they put all of us and our families at risk. Intoxication causes one’s senses to be greatly impaired. Vision, hearing and reaction time are all impacted, which leads to accidents. 

The Personal Injury Lawyers of Perenich, Caulfield, Avril & Noyes, P.A. have been representing persons injured in auto accidents, including those involving alcohol, for almost 60 years. If you or a family member needs the help of an experienced auto accident lawyer, we stand ready to help. Click here to schedule a free case consultation. WE SEE YOU THROUGH!

http://www.tampabay.com/news/courts/tampa-woman-violates-probation-for-dui-manslaughter-gets-6-years-in-prison/1110220

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Car Accident Caused by Drunk Driver: New Jersey Jury Awarded $14,207,563.50 and Entered a Verdict Against a Bar – But Would This Be the Case in Florida?

Thursday, July 15th, 2010

A drunk driver caused a car accident that killed a woman and permanently injured her husband while they were lawfully operating their motorcycle. The drunk driver, Steven Evans, was leaving a bar called Rack’s Bar and Grill after celebrating his 21st birthday. Although he fled the scene after the car accident, he was later apprehended and his blood alcohol level was determined to be .10. The wife and passenger of the motorcycle, Mary Elenbark, died a week after the car accident from her injuries. She was only 44 years old at the time of her death. A New Jersey jury entered a verdict against the bar and Evans and awarded $14,207,563.50. 

The law in New Jersey allowed for a cause of action and large recovery by George Elenbark and his wife’s estate against Steven Evans and the bar where he was consuming alcohol immediately before the car accident – Rack’s Bar and Grill. The jury ultimately found Rack’s Bar and Grill 75% liable and Evans 25% liable for the car accident. However, this may not have been the case if this car accident happened in Florida. In states such as Florida, the law is not as strict on bar and restaurant owners as the laws in other states. It can be difficult to sue a bar or restaurant for the acts of its drunk patrons who cause a car accident. In fact, the general rule in Florida is that one who provides alcohol to a person of lawful age is not liable for damages caused by the intoxication of the person. There are only two exceptions to this rule that would provide recovery for injury or damage caused by or resulting from the intoxication of such a person. The first exception is for a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age. The second exception is for one who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages. 

Since Florida’s laws regarding the liability of bars or restaurants in cases where their patron causes a car accident can make it difficult to seek compensation, it’s important to seek the advice of an experienced attorney if you are injured in a motor vehicle accident like this one. The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have been helping clients in the Tampa Bay area since 1955. Click here to schedule a free case consultation.

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Florida Motor Vehicle Accident Deaths on Decline

Tuesday, July 13th, 2010

The St. Petersburg Times, citing a study by the Florida Department of Highway Safety and Motor Vehicles, reports that 2009 had the fewest car accident  fatalities  reported in Florida in four decades. While this is obviously good news for Florida drivers, car accidents still pose a significant danger for you and your family. Car accident fatalities are not all that frequent but they do occur! What occurs even more frequently are neck and/or back injuries that can last a lifetime.

The report states that while motor vehicle accident fatalities are down, the total number of motor vehicle accidents in Pinellas County in 2009 remained pretty much unchanged from 2008. It is important that each of us do our best to eliminate risky driving habits that contribute to motor vehicle accidents. In addition to the historic risky behaviors that have always contributed to car accidents, such as eating while driving, rubber necking, and drinking and driving, recent advances in technology have added new types of risky behavior that cause accidents. While cell phones, text messaging, navigation systems, and high-tech mobile DVD entertainment systems have made our lives easier and have provided valuable entertainment, they’ve also created even more driving distractions. It’s important that you avoid using these devices while driving!

According to the St. Petersburg Times story, in 2009 alcohol-related fatalities were down 14 percent across the board, motorcycle fatalities dropped 24 percent, bicyclist deaths fell 15 percent and teen car accident deaths dropped 21 percent. Interestingly enough, the study found that 76 percent of all traffic fatalities in 2009 were caused by male drivers while 50% of Florida’s licensed drivers are women.

Well into their sixth decade of representing car accident victims, the attorneys at Perenich, Caulfield, Avril & Noyes stand ready to assist you in your quest for justice after a catastrophic motor vehicle accident. Click here to schedule a free case consultation. WE SEE YOU THROUGH!

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Click It or Ticket

Monday, May 24th, 2010

Seat Belt Crackdown Begins Today

The tenth annual “Click It or Ticket” campaign kicked off today with a zero tolerance, round the clock sweep for motorists who fail to buckle up. This nationwide effort to increase seat belt use and save lives is running from May 24 through June 6 and more than 10,000 police agencies will enforce seat belt laws. According to the Transportation Department, seat belt use is at a record high 84 percent, but 45 million Americans are still not buckling up. An average of 38 unbelted people a day are killed in motor vehicle accidents. 

Florida passed a law last year that allows law enforcement officers to pull over motorists not wearing their seat belts.  For the next two weeks, officers will be on a life-saving effort to do just that. Seat belts save lives and buckling up will also protect your wallet.  Click it or be prepared for a ticket!        

Drive safely and watch out for those who don’t. ALWAYS wear your seat belt. If you or someone you know is injured in a Florida car accident, motorcycle accident, bicycle accident or other personal injury matter, you should contact an attorney for answers to your legal questions. The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have been helping clients in the Tampa Bay Area since 1955. Click here to schedule a free case consultation. We see you through.

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Florida Ranked Deadliest State for Pedestrians and Cyclists

Friday, March 12th, 2010
According to a recent BAY NEWS 9 report, the Transportation for America group ranks Florida as the deadliest state for pedestrians and cyclists per capita. And, the Tampa Bay area is the second worst in the state.
 
What is the biggest contributing factor? Florida transportation safety officials said that since there are so many different factors involved, they have no conclusive answers. They are trying to identify the root causes and how to best fix the problem.
 
While officials try to find out what caused these alarming results, the debate on why Florida is so dangerous continues. Is it the behavior of the pedestrians, cyclists and drivers on the road? Are there flaws with the way roads are designed? Or is it something else entirely, such as the weather?
 
State officials say it’s most likely people behaving carelessly, such as drivers not yielding to pedestrians, pedestrians not paying attention and/or not crossing at an intersection or crosswalk, or somebody disobeying the law. 
 
Marianne Trussell, chief safety officer for Florida’s Department of Transportation, said her office looked at crash reports and determined that only about 8 percent of the accidents were due to a roadway feature as a contributing factor. The rest were caused by human behavior, which Trussell said makes it even more difficult for safety officers to determine who’s at fault.
 
In an email conversation, St. Petersburg Bicycle Club President Tim Butts blamed Mother Nature. He said weather plays a significant role in the high accident rate.  People can ride their bicycles year round in Florida, compared to northern states where cycling is limited by winter weather conditions.  He also acknowledged that while at fault cyclists do contribute to accidents, many bicycle accidents occur because motorists don’t understand cycling laws, or even know they exist.
 
After an unusually long, cold winter, Spring is finally here. Drivers will be sharing the roads with more pedestrians and bicycle riders, and students on Spring Break will be crowding our streets and beaches. Watch out for them. Keep your eyes on the road and obey the traffic laws.
 
The Tampa Bay personal injury law firm of Perenich, Caulfield, Avril & Noyes has been caring for clients after car accidents, pedestrian accidents, bicycle accidents, motorcycle accidents and other personal injury matters since 1955. If you or someone you know is injured, you should contact an attorney for answers to your legal questions. Click here to schedule a free case consultation. We see you through.   

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