Posts Tagged ‘personal injury’

Four Attorneys at Perenich, Caulfield, Avril & Noyes, P.A. Recognized as “Tampa Bay’s Top Lawyers” by Tampa Bay Magazine

Thursday, September 2nd, 2010

Personal injury attorneys Mark H. Perenich, Bryan D. Caulfield, John Jay Avril and Matthew E. Noyes were named among “Tampa Bay’s Top Lawyers” in the July/August 2010 edition of Tampa Bay Magazine. To create this list, the magazine asked LexisNexis Martindale-Hubbell to share their list of area lawyers who have reached the highest levels of ethical standards and professional excellence. Using their comprehensive database of peer review ratings, LexisNexis Martindale-Hubbell identified lawyers who had been rated AV Preeminent, the highest Martindale-Hubbell Peer Review Rating available.

LexisNexis Martindale-Hubbell is the authoritative resource for information on the worldwide legal network. Thousands of people use the Martindale-Hubbell Legal Network to find local attorneys, confirm their credentials and select firms that fit their needs.

The attorneys at Perenich, Caulfield, Avril & Noyes have been helping families in the Tampa Bay area since 1955.  If you or someone you care about has been injured in an automobile accident or other personal injury matter, contact us for a free case evaluation. We see you through.

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.

3-year-old boy nearly drowns in family friend’s pool

Monday, June 14th, 2010

The weekend almost ended in tragedy for a Holiday family. Tryston Sierra, 3, was playing in a Palm Harbor pool with his siblings around 7:30 p.m. Sunday. According to the Pinellas County Sheriff’s office, Sierra, who did not know how to swim, was in a child’s flotation device when it flipped over. Another child called to the parents for help.

Deputies said the child’s mother, Desiree Sierra of Holiday, was visiting friends along with her five children, who range in age from less than a year to 12. The children were swimming as the adults watched. 

Palm Harbor Fire Rescue responded to the 911 call and paramedics were able to restore the boy’s pulse. He was flown to All Children’s Hospital in critical condition. 

Swim season requires extra vigilance to keep kids safe. Parents must stay alert and avoid distractions when their children are swimming or playing near a pool. 

Florida leads the nation in drowning deaths for children younger than 5, with an average of 74 dying each year in the last decade, according to the Florida Suncoast Safe Kids Coalition (part of Safe Kids Worldwide).  Follow these important safety tips to help prevent a tragedy: 

  • ALWAYS supervise young children around swimming pools, lakes, rivers and the beach. Have a designated adult “water watcher”.
  • Enroll children in swim classes that teach how to tread water, float and stay by the shore.
  • Put childproof locks on exterior doors and put an alarm on any door leading to a pool area. 
  • Install fencing in the backyard and around the pool. The pool fence should have self-closing, self-latching gates. Keep furniture away from the fence so children can’t climb over it into the pool area.  
  • Keep toys and floating objects out of the pool and clear away clutter from pool edges.
  • Use a pool cover when the pool isn’t being used.
  • Wear life jackets in and around natural bodies of water.
  • Explain the differences between open water and pools; watch out for uneven surfaces, currents, ocean undertow and changing weather.

Make safety your top concern. Be extra careful in and around the water, and be alert for those who are not. Don’t let an accident spoil your summer. 

If you or a loved has been injured due to the negligence of others, you should speak with an attorney. 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!

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!

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.

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.

One Person Dies, Two Critically Injured in Early Morning Car Accident on Dale Mabry Highway in Tampa

Thursday, February 18th, 2010

A portion of south Dale Mabry was closed for five hours this morning due to a fatal car accident. According to the Tampa Police Department, the car crash occurred at 2:15 a.m. when a 2005 Nissan Altima went out of control and crashed into a utility pole, killing  one person on the car. Officials had to clear the scene and Tampa Electric Company workers had to repair the snapped utility pole and the downed power lines.
 
The Nissan was traveling northbound at a high rate of speed when the driver swerved to avoid the back of another car, according to a witness. The driver lost control and the car slid sideways through the power pole, breaking it in half. The car then flipped several times on Dale Mabry.
 
A man and a woman were ejected from the car and the man died at the scene. Emergency crews had to extract the third passenger from the car. The two survivors were taken to an area hospital in critical condition. 
 
This car accident should serve as a reminder that passengers need to make sure they do not get into a vehicle driven by a reckless driver. Although the facts of this particular accident aren’t concluded, anyone riding with others at 2:00 am should make sure that the driver is not impaired before they get in their vehicle. Drivers also need to be responsible when passengers are in the vehicle. Your actions can forever change the life of your passenger in the event you cause a car accident.
 
If you or a loved one have been injured in an automobile accident, motorcycle crash, truck accident or other personal injury matter, you should 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. Click here for a free case consultation.

PSTA Bus and SUV Collide in St. Petersburg Injuring Six

Friday, February 12th, 2010

A Pinellas Suncoast Transit Authority bus was involved in a car accident on Wednesday after hitting an SUV underneath the northbound I-275 ramp at 22nd Avenue N, according to St. Petersburg Fire Rescue. The bus accident was severe enough to cause the SUV  to roll onto its side. Firefighters had to cut the roof off of the Suzuki to remove the driver, who was injured in this car accident along with six people on the bus.

This type of bus accident is a reminder of how important it is to have underinsured motorist insurance coverage after a car accident. With so many people injured in one accident, the at-fault driver’s insurance coverage could quickly be exhausted leaving no avenue of recovery for compensation for your injuries. Check your policy today to confirm your underinsured motorist coverage.

If you have questions about your automobile insurance coverage or your rights after a Florida car accident, contact the attorneys at Perenich, Caulfield, Avril & Noyes, P.A. We have been caring for clients after Florida automobile accidents, motorcycle accidents, bus accidents, boating accidents, workers compensation claims and other personal injury matters for over 55 years. With offices throughout Tampa Bay, the personal injury attorneys of Perenich, Caulfield, Avril & Noyes, P.A. can meet you in a location convenient for you. Contact us today!

FED EX Driver Killed By Other Truck’s Debris

Tuesday, February 9th, 2010

A Fed Ex truck driver is dead after a car accident this morning. According to the Florida Highway Patrol, the 3 a.m. truck accident happened when another semi-truck blew a tire and its debris flew into the path of the driver of the Fed Ex semi truck. The Fed Ex truck swerved to miss the debris and crashed into a wall. Sadly, the Fed Ex truck driver was killed on impact.

According to Bay News 9, officials closed the two right lanes of westbound I-4 and the neighboring 301 exit ramp for several hours.

Under Florida workers’ compensation law, this driver’s family is limited on the amount of workers’ compensation benefits they are entitled to. However, the family may be entitled to a third-party case against the other truck driver whose actions caused the truck accident.

If your loved one is injured while within the course and scope of his or her employment, it is important that you talk to an attorney about your rights under Florida’s workers’ compensation law as well as possible rights for a claim because of someone’s negligence causing your injuries.

The lawyers at the personal injury law firm of Perenich, Caulfield, Avril & Noyes have been caring for clients after car accident, truck accidents, motorcycle accidents, Florida workers’ compensation claims and other personal injury matters for over 55 years. Click here to schedule a free case consultation.

Remember, insurance companies have attorneys looking out for their best interest after your car accident, so should you!

Fatal Bicycle Accident in Pinellas Park

Friday, November 20th, 2009

The intersection of Belcher Road and 118th Avenue North was where a fatal bicycle accident shut down parts of the road.

 As reported by Bay News 9, around 5 a.m. a person on a bicycle was struck and killed by a car according to the Pinellas Park Police Department.

 Detectives at the scene are trying to determine how the accident unfolded. Names or details have not been released yet. Officials are also not sure if fog played a factor. Southbound Belcher Road between 116th and 118th will be closed for a few hours.

If you or a loved one have been injured in a bicycle accident, automobile accident or motorcycle crash, you should talk to an attorney about your legal rights. We at Perenich, Caulfield, Avril & Noyes, P.A. have been caring for clients since 1955. Click here for a free case consultation.