Posts Tagged ‘car accident’

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.

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.

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

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.

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.

Two dead, one critically injured after Hernando County car crash

Monday, April 19th, 2010

Two people died and another is in critical condition after a one-car accident early Sunday evening.

According to The Florida Highway Patrol, a 24-year-old Brooksville man was driving a 1996 Ford Mustang when the car hydroplaned. He lost control and the vehicle traveled onto the east shoulder, collided with a culvert and overturned, coming to a stop on its roof. 

The driver and one of his passengers, an 18-year-old woman, died at the scene. Another 18 year-old passenger was flown to St. Joseph’s Hospital in critical condition.

The FHP said none of the victims was wearing a seat belt. They are continuing to investigate this tragic car accident.

Hydroplaning happens when the water in front of the tires builds up faster than the vehicle’s weight can push out of the way. The tires rise up and ride across the water like water skis. The vehicle can be completely out of contact with the road and in danger of skidding or drifting out of the lane. The higher the speed, the greater the chance of hydroplaning. 

If you find yourself hydroplaning or skidding, the first step is to take your foot off the gas pedal.  Do not brake or turn suddenly. Unless you have anti-lock brakes, you shouldn’t apply the brakes until you have the car under control and the speed is reduced. Applying the brakes in a car without anti-lock brakes only adds to the problem. Grasp the steering wheel in both hands, steer toward the direction of the skid and then steer to keep your car centered in your lane. 

Driving in the rain can be dangerous. The most important thing for drivers to remember is to SLOW DOWN.  It takes longer to stop or adjust speed in wet weather. Drive safely and watch out for those who don’t. If you, a family member or a friend is injured in a car accident because of the negligence of another driver, speak with an attorney about your legal rights. The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have been caring for clients in the Tampa Bay area for over 55 years. Click here for a free case consultation or contact us today!

A Warning To Tailgaters

Thursday, April 15th, 2010

According to recent Bay News 9 reports, the Tampa Police Department has a new tool to catch drivers that violate traffic laws.

In fact, a growing number of law enforcement agencies are discovering the benefits of using this new tool to help solve an old traffic enforcement problem: following too closely. Until now, there has been no means of measuring the speed and distance between the offending driver’s car and the car ahead of him or her. Officers have been powerless to consistently enforce the highway safety industry’s three second rule. This rule is a safety guideline applied to vehicles on major roads or highways that suggests the minimum distance a driver should be from the vehicle in front of him or her. Following this rule, the distance traveled in three seconds is the minimum distance.
 
Police are now using DBC (distance between cars) software to identify drivers that are following too closely. The software measures the distance and/or time between two traveling vehicles in addition to the speed of both vehicles. It uses technology similar to that used to catch speeders.

As of Thursday morning, Tampa police had issued 15 warnings. Tailgating is considered a moving violation and carries a $151 fine. Following too closely is one of the leading causes of rear end collisions.

This is a good reminder of the importance of obeying all traffic laws. Drive safely and be on the lookout for those who don’t. If you, a family member or a friend is injured in a car accident because of the negligence of another driver, speak with an attorney about your legal rights. The personal injury attorneys at Perenich, Caulfield, Avril & Noyes have been caring for clients in the Tampa Bay area for over 55 years. Click here for a free case consultation or contact us today!

Three Children, Two Adults Injured in Clearwater Car Accident

Tuesday, March 30th, 2010

Westbound Gulf to Bay Boulevard was closed Tuesday afternoon while officers investigated a crash that injured five people.

The two-car accident happened around 12:30 p.m. near the intersection of Gulf to Bay Boulevard and Lake Avenue. According to reports, a woman was driving east on Gulf to Bay and attempted to turn left onto Lake Avenue. The second car was traveling west on Gulf to Bay when the car accident occurred.

The four passengers in the woman’s car were injured, including a 2-year-old boy who was ejected from the vehicle and an 8-year-old boy. Both of these children were taken to Bayfront Medical Center by helicopter with serious injuries. Also in the car was a 6-year-old boy and a 60-year-old woman, both of whom were taken by ambulance to Bayfront Medical Center with injuries described as not life-threatening. The driver of the second car, a 22-year-old man, was taken by ambulance to Morton Plant Hospital with non life-threatening injuries.

Investigators are trying to determine if speed was a factor in the crash, and also who had right of way at the time.

This automobile accident should remind us that Florida law requires children under 5 years of age to be properly restrained no matter where they are seated in the vehicle. Children age 3 and younger must be secured in a federally approved child safety seat. Children ages 4 – 5 must be secured by a federally approved child restraint seat or safety belt. If a safety belt does not fit the child correctly, a booster seat should be used to correctly position the lap and shoulder belts once they outgrow forward facing child safety seats (generally at about 40 pounds and 4 years old). Children from approximately 40-80 pounds and under 4’9″ in height should ride in a booster seat.

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.

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.   

New Technology = Confused Drivers

Wednesday, March 10th, 2010

Two recent instances of Toyota Priuses accelerating uncontrollably have people once again questioning whether new technology causes car accidents and creates safety hazards for drivers.

Monday’s 911 tape of the driver whose 2008 Toyota Prius accelerated uncontrollably on a California interstate was released by the California Highway Patrol on Tuesday. The 25-minute tape reveals a dispatcher trying to help the driver control his car as it reached speeds of over 90 miles per hour. Following a California Highway Patrol officer’s instructions, the worried driver was eventually able to slow the car down to 55 mph using his brakes and emergency brake. After several attempts to shut off the engine using the ingnition button, he was finally successful. On Tuesday, a New York Prius driver reported similar sudden acceleration that resulted in a car accident.

Increasingly, cars are loaded with fancy gadgets and new ways of controlling things like the ignition switch and the transmission shifter. Unfortunately, this new technology can make critical functions confusing for drivers, especially in an emergency. Drivers must focus on the road; they should not have think about how to operate complicated controls when trying to avoid a car accident.  

Last August, an off-duty California Highway Patrol Officer and three of his family members were killed when the rented Lexus ES350 he was driving accelerated suddenly, sped through suburban San Diego at 120 mph and crashed in rush-hour traffic. Toyota blamed the car accident on a problem with the accelerator pedal but it may be deeper than that. The Officer was unable to shift the car into neutral or turn off the engine, possibly because he was unfamiliar with the complicated operation of the controls. In order to turn of the ES350′s engine while driving, the driver must press and hold the ‘Stop/Start’ button for three seconds, an action that is not obvious and could be difficult to perform while navigating busy traffic at high speeds. The Lexus also features a shifter that follows a slightly twisting path instead of the commonly expected straight line.  This family’s tragic deaths have become a prime example behind a series of recalls over quality and safety concerns affecting about 8.5 million Toyota vehicles.

Immediately after this automobile accident, Consumer Reports suggested that car manufacturers implement the following to improve safety in the event of unintended acceleration:

  • Make it simpler to turn off the engine in an emergency
  • Require a minimum distance between the gas pedal and the floorboard
  • Engineer cars so a sustained braking force can stop a car in a reasonable distance even with the accelerator pedal fully depressed
  • Require sufficient brake pedal pressure before a car can be shifted from Park
  • Simplify shifting into Neutral

All drivers should read their vehicle’s owner’s manual carefully and familiarize themselves with all of the car’s controls and gadgets. Make sure you understand the shifting mechanism and know how to shift into Neutral if the car accelerates suddenly. Don’t use a cell phone while driving unless it is hands free, and don’t take your eyes off the road.

If you or a loved one has been injured in an automobile accident, motocycle crash or other personal injury matter, talk to an attorney about your legal rights. The personal injury lawyers at Perenich, Caulfield, Avril & Noyes, P.A. have been caring for clients in the Tampa Bay area since 1955. Contact us today or click here for a free case consultation.