Florida Injury Lawyers Blog

As Miami-Dade auto accident lawyers, we were saddened to read about an accident that killed a father and daughter who just happened to be nearby. The South Florida Sun-Sentinel reported May 24 on the accident that killed Robert Kane, 79, and his 51-year-old daughter Odetta Kane. Angela Stracar, 24, was driving past the Boca Isles South subdivision in West Boca when she lost control of her SUV and hit the sign for the subdivision. The crash flipped the SUV over onto the Kanes’ Cadillac as they drove home from picking up food for dinner. Both were wearing seat belts, but died at the scene, leaving Ena Kane, 75, without her husband and only child. Stracar was taken to the hospital in good condition. Authorities are waiting for the results of an intoxication test to decide whether charges will be filed.

Evidence of intoxication would go a long way toward explaining why Stracar lost control of her vehicle. However, regardless of whether Stracar was intoxicated, the description of this accident makes it sound a lot like it was her fault. Drunk or sober, reasonably careful drivers do not hit roadside signs. The fact that her vehicle flipped across the road also suggests that she may have hit the sign with some force. If Stracar was at fault for the accident, Ena Kane would be able to hold her legally and financially responsible for the deaths of her husband and son. Even if authorities decline to file charges against Stracar, Ena Kane would have the right to pursue justice through the civil courts, with the help of a West Palm Beach car crash attorney. That includes requesting fair financial compensation for the loss of her husband and daughter’s financial support, as well as their love, companionship and care.

It’s also worth noting that Stracar was driving an SUV -- a type of vehicle that remains substantially more likely than other vehicle types to roll over during ordinary driving maneuvers. SUVs have higher centers of gravity, which means it’s easier to tip them over. In some models, in fact, it’s possible for the tipping over to happen without the vehicle hitting an object or another vehicle -- during sudden swerving to avoid an obstacle, sudden braking or drifting onto uneven dirt surfaces. Rollovers are especially bad accidents because they can throw the people inside the vehicle around and out of the vehicle, causing serious head injuries, spinal injuries and death. As this article shows, they can also bring the entire weight of the SUV to bear on anything that happens to be in the way, such as another vehicle and its passengers. If Stracar’s SUV was so defectively designed that it rolled over when other vehicles would not have, Ena Kane may also have a defective product claim against its manufacturer.

Continue reading "Possibly Intoxicated Driver Flips Car Over, Killing Nearby Father and Daughter " »

As Fort Lauderdale defective products attorneys, we were saddened to see an article about a young Florida Highway Patrolman’s death. According to the Miami Herald, Patrick Ambroise, 35, was killed May 15 when his parked patrol car was rear-ended near the Okeechobee Road toll plaza on the Florida Turnpike. The 2006 Ford Crown Victoria Police Interceptor burst into flames, trapping Ambroise inside and killing him at the scene. The driver of the other vehicle, 19-year-old Jonathan Robert Garcia of Miramar, is hospitalized in stable but serious condition. Ambroise leaves behind a wife and two children, ages five years and three months, as well as a tight extended family. The FHP said the case is still under investigation and no charges have yet been filed.

The Ford Crown Victoria Police Interceptor is made especially for police work and is among the most widely used police vehicles in North America. Its design is considered well suited for police work, with a large engine and a design that minimizes repair needs after minor accidents. However, it has also been criticized in the last two decades for allegedly being prone to catastrophic fires after rear-end accidents like this one. Consumer and law enforcement groups say the fuel tanks on Crown Victorias (including those sold to the public without police features) are placed within the cars’ “crush zone,” outside the rear axle. When someone hits the vehicle at high speed, critics say, that tank can rupture, allowing sparks to ignite a fuel fire. Since 2005, Ford has offered optional safety shields to keep the fuel tank from being punctured and automatic fire suppression systems. It was not reported whether Ambroise’s vehicle had these features.

Our Miami-Dade product defect lawyers are sorry to see any death caused by a product with a serious safety flaw. Consumers should be able to trust the products they buy to be reasonably safe -- especially with cars, which can be used as a deadly weapon. But it’s particularly alarming to see a possibly flawed product sold to law enforcement officers, whose job already carries high risks. Officers spend more time than the average person driving at high speeds -- in fact, Crown Victoria Police Interceptors are designed specifically for this job, with higher maximum speeds than other Crown Victorias. For this reason, it would make sense for Ford to consider high-speed accidents when placing the fuel tank, which is well known as a fire risk thanks to the 1970s Ford Pinto scandal. If it has not done so, especially after consumer groups began protesting, officers and families like Ambroise’s would have a strong case against it.

Continue reading "FHP Officer’s Death Raises New Questions About Ford Crown Victoria Safety" »

Our Fort Lauderdale car crash attorneys were interested to see a recent article about a Broward County husband who’s still waiting for his wife’s killer to serve prison time. The South Florida Sun-Sentinel ran a story April 24 about Richard Sheppard, whose wife Dawn was killed in a drunk driving accident on May 26, 2000. The driver, Trent Albury, was high on GHB, the so-called “date rape drug,” when he hit the driver’s side of Dawn Sheppard’s minivan, killing the 44-year-old mother of two. He was convicted of DUI manslaughter in 2001 and was supposed to serve 13 years in prison starting in 2003, but instead fled to his native Bahamas. He has been fighting extradition there ever since.

Before driving that day, Albury allegedly drank juice laced with GHB, which he got from a bodybuilder roommate who used the drug to stimulate growth hormones. His former attorney in the United States said he didn’t realize the juice was drugged; the roommate said Albury bought a gallon of the juice the day of the crash. At least 10 witnesses called 911 the day of the crash to report his swerving and dramatic changes in speed. After fleeing Florida, Albury was arrested in the Bahamas and jailed for 14 months. However, he’s currently out on bail while he appeals extradition to the Bahamian Supreme Court. That process could take years, the article said. The extradition treaty between the Bahamas and the United States means Albury may not face any additional charges if he is returned. Albury’s lawyer in the Bahamas said the 13-year sentence for DUI manslaughter was draconian.

As Miami auto accident lawyers, we imagine that Richard Sheppard must be feeling frustrated by the extreme slowness with which the wheels of justice are turning in his wife’s case. Prosecutors in Palm Beach County can’t do much until Albury exhausts his appeals in the Bahamas, which means there is literally nothing else that U.S. criminal authorities can do right now. However, the Sheppard family may still be able to seek justice through the civil courts, by suing Albury in absentia. A civil trial cannot put irresponsible drivers in prison, but it can give their victims a chance to put them on trial when the criminal justice system cannot or will not do so. It can also extract a penalty -- financial payment -- regardless of what may have happened in the criminal courts. Financial payments can never bring back a lost loved one, but they can help families place the responsibility for serious accidents where it belongs -- with the irresponsible, intoxicated drivers.

Continue reading "Husband of Victim in DUI Manslaughter Still Waiting for Extradition Ten Years Later" »

A recent article about an unusual drunk driving lawsuit caught the eyes of our Miami auto accident lawyers. Andrew Hall of Pinellas County lost his left leg when drunk driver Joshua West jumped a curb and struck Hall as he stood outside his own apartment building. The St. Petersburg Times reported April 13 that Hall is suing West, now 25, over the April 2009 accident, but he is also suing Shepherd’s Beach Resort, a bar in Clearwater Beach, for allegedly serving West even though they knew West was “habitually addicted” to alcohol. West has already pleaded guilty to DUI causing serious bodily injury and leaving the scene of an accident. Hall, now 20, is confined to a wheelchair but hopes to use an artificial leg to walk again, a skill he struggled to gain as a child with cerebral palsy.

Hall’s lawsuit alleges that Shepherd’s Beach Resort over-served West on the night of the accident. Hall’s Florida drunk driving attorney says the bar ejected West for being grossly intoxicated, in fact. He also claims that employees of Shepherd’s helped West to his car, giving them actual knowledge that he was driving. It is not disputed that shortly after he left, West reached speeds of 90 mph before becoming airborne and hitting Hall, then fleeing. Police found West a short distance away. Hall suffered multiple serious injuries, including a shattered pelvis as well as the severed leg, and was not originally expected to survive. Three hours after the crash, West’s blood-alcohol content was measured at 0.188, more than twice the legal limit in Florida.

As West Palm Beach car crash attorneys, we know lawsuits against bars that serve drunk drivers can be controversial. Like many other states, Florida has a “dram shop” law allowing injured people to hold alcohol-serving establishments legally liable for accidents. In Florida, bars and restaurants are liable only if they “willfully” served a minor or someone who is “habitually addicted” to alcohol. (Other states set lower standards, holding businesses responsible for serving an obviously drunk person.) Habitual addiction may be difficult to prove, but in this case, Hall also alleges that Shepherd’s employees knew West was driving and even helped him into his vehicle, presumably because he was too drunk to make it on his own. If true, those allegations would make a very strong case that the bar was negligent.

Continue reading "Man Who Lost Leg in Drunk Driving Accident Sues Driver and Bar That Served Him" »

As Fort Lauderdale car crash attorneys, we have followed news updates about the death of a young woman in a crash with a Broward Sheriff’s Office deputy. Cara Catlin, 14, was killed in January as her stepsister, 21-year-old Heather Meyer, made a left turn from Dixie Highway. The vehicle that hit their Honda Civic was driven by a sheriff’s deputy who witnesses said was speeding, even though his lights and siren were not on. On April 1, the South Florida Sun-Sentinel reported that homicide investigators have confirmed this, calculating that Officer Frank McCurrie was driving at 89 mph when he entered the intersection at around 9:55 p.m. The posted speed limit at the area is 40 mph.

Using physical evidence like skid marks, accident reconstruction experts have determined that McCurrie was going 89 mph when he entered the intersection, while Meyer was going about 25 mph. BSO officials noted that McCurrie was not required to use his lights and siren at the time, because he was not responding to an emergency. He was traveling to back up another officer at a traffic stop. They also noted that McCurrie would have had the right of way, since he was proceeding straight through the intersection, while Meyer was making an unprotected left turn. The office wouldn’t say whether the department has a policy on travel speed for backup calls. McCurrie has not been charged with any crime, but he has been placed on desk duty, and Catlin’s death is being investigated as a homicide.

As West Palm Beach auto accident lawyers, we hope this investigation leads to any necessary changes in BSO policy, as well as justice for Catlin and her family. It’s true that left turners do not have the right of way, but it’s also undeniable that nobody expects opposing traffic to travel nearly 50 mph over the speed limit. If Meyer saw the deputy’s headlights, it would have been reasonable for her to assume the vehicle was being driven at or below the speed limit. By contrast, police sirens and lights would likely have warned her that she could expect the vehicle to be going above the speed limit. In fact, this is one of the reasons police cars have light bars and sirens. Police officers have extra privileges because of their job, but they also have a responsibility to use that privilege wisely. That includes avoiding negligent behavior that can cause a preventable tragedy.

Continue reading "Investigators Confirm BSO Deputy Was Speeding Without Siren Before Fatal Crash" »

Our West Palm Beach wrongful death attorneys were saddened to read about the death of a four-year-old British girl in a pedestrian accident in Daytona Beach. According to a March 22 item in the Daytona Beach News-Journal, Ellie Bland of Nottingham, England, was hit by a car while she walked across the beach, holding the hand of her great-uncle. Daytona Beach is one of the few beaches in the United States where car traffic is allowed. The accident is renewing calls in some quarters to ban beach driving, something advocates say would protect sea turtles as well as people.

Ellie’s great-uncle, John Langlands, 53 and also of Nottingham, waited with the girl for traffic to clear in both directions before crossing toward the ocean. But when they crossed, a car driven by 66-year-old Barbara Worley of Georgia clipped her, knocking her into the sand. Authorities say Worley stopped, but then panicked and hit the accelerator. The vehicle moved forward and ran over the little girl. A Florida Highway Patrol spokesperson said an investigation is expected to take several weeks, and that charges against Worley were pending.

The article barely touches on the controversy over driving on the beach in Daytona Beach, a tradition dating back a century in a city known for auto racing. The Orlando Sentinel reports that there have been four accidents on the beach since 2006, at least one of which was serious. As Fort Lauderdale wrongful death lawyers, we have serious safety concerns about this tradition. Beaches don’t have designated sidewalks or crosswalks, not to mention traffic signals, which makes it difficult for pedestrians to gauge when it’s safe to cross traffic lanes. As this accident shows, even holding the hand of a responsible adult doesn’t necessarily protect kids from inattentive (or drunk) drivers. The city may not need to fully ban driving on the beach to solve these problems, but it can and should erect warning signs and establish clear rules of the “road” for drivers and pedestrians.

Continue reading "British Child’s Death Renews Calls for Ban on Beach Driving in Daytona Beach" »

As West Palm Beach wrongful death attorneys, we were disappointed to see a recent article about the death of a former South Florida woman in Baton Rouge. The South Florida Sun-Sentinel reported Feb. 5 that Mikel Carson, 20, was struck and killed after she got out of her car on Interstate 10. Carson was trying to make sure another motorist who was hit and run was okay. As she tapped at the other driver’s window, an SUV drove into her, killing her and knocking her into the plants by the side of the highway. The SUV did not stop, and the original hit-and-run victim left the scene. In fact, law enforcement towed Carson’s car without finding her body. It was only after morning commuters spotted Carson’s body by the roadside that police came back to retrieve her.

A graduate of Pompano Beach High School, Carson had recently moved to Louisiana to pursue a nursing degree. To support herself and her two-year-old daughter, she was working as a bartender. She was coming home from work around 3 a.m. when she witnessed a hit-and-run on the highway and stopped to talk to the victim. That driver didn’t mention Carson to police in her initial interview about her own crash. Asked about Carson in a second interview, that driver said she remembered the interaction, but that Carson simply disappeared. Law enforcement has traced the SUV they believe hit Carson to a body shop in New Orleans, but have not yet found the driver. Carson’s daughter has returned to Florida to live with her father, and the family is starting a trust to pay for her college education.

This case presents several interesting issues for Miami wrongful death lawyers like us. Of course, the fact that Carson was hit and run means that her daughter and family currently have no way to hold the at-fault driver legally responsible. For insurance coverage purposes, a hit-and-run driver is an uninsured driver, and that means any financial compensation would have to come from Carson’s own uninsured/underinsured motorist coverage. If police can find the driver, however, that driver (and his or her insurance company) would face serious civil liability as well as criminal charges. Juries generally aren’t too impressed by drivers who cause deaths and run away from the consequences. For this family, that could mean a chance to recover money to support Carson’s now-motherless daughter and contribute to her college fund.

Continue reading "Deerfield Beach Woman Dies in Louisiana Hit-and-Run While Trying to Help Motorist" »

As Fort Lauderdale car wreck attorneys, we were saddened to see a report that a teenager died in a crash involving a law enforcement officer. The South Florida Sun-Sentinel said Jan. 25 that Cara Catlin, 14, died Jan. 23 after her stepsister’s car collided with a patrol car from the Broward County Sheriff’s Office. The crash also injured her stepsister, 21-year-old Heather Meyer, and another passenger, 15-year-old Gabriel Alegria. They were both hospitalized in stable condition. Sheriff’s deputy Frank McCurrie, also 21, was treated for minor injuries and released. The newspaper said the crash severely damaged Meyer’s Honda Civic, ripping off the entire back end.

The accident took place around 10 p.m., as Meyer and her passengers were looking for something to eat. She made a left turn from Dixie Highway onto Northeast 56th Street, with a green light but not an arrow. At the same time, McCurrie was heading in the opposite direction on Dixie Highway. Catlin’s aunt said she was upset that McCurrie did not have his lights or siren on at the time. A spokesperson for the BSO said McCurrie didn’t need the emergency lights or siren because he wasn’t responding to an emergency. Traffic homicide investigators will look into the speed of both cars as a possible explanation for the crash. They are also looking for any witnesses they have not yet interviewed.

It’s difficult to tell who was at fault just from the facts in the article. As West Palm Beach auto accident lawyers, we find that most crashes involve some amount of fault on both sides, although most of the fault generally lies with one driver. But if investigators do find that McCurrie was speeding without lights and siren on to warn other drivers, it could make the Broward County Sheriff’s Office liable in any lawsuit Catlin’s family chooses to file. If that’s the case, the family would be suing a government agency, which means following specific and special rules that can complicate a case. Particularly in cases involving suing a government agency, experts say it’s essential to get the advice of an experienced attorney as early as possible in the process.

Continue reading "Car Accident Involving Broward County Deputy Sheriff Kills Teenage Girl" »

Political observers and safety-minded South Florida car accident attorneys expect the Florida Legislature to take up a bill banning texting and driving in 2010. Legislators have tried several times in the past to ban the practice, but bills have always failed, in part because of the popular perception that it’s not that dangerous. Thanks to a series of studies last year and a “distracted driving summit” at the federal Department of Transportation, that perception has begun to change. Legislators expect better luck this year for a bill penalizing texting and driving. Fortunately for those who back such a bill, yet another study came out Dec. 21 showing an increased crash risk for people who take their eyes off the road to text.

The study was authored by psychologists at the University of Utah and published in the journal Human Factors. Researchers put 40 volunteer drivers (half men, half women) into a computerized driving simulator and asked them to “drive” while texting, talking on cell phones or doing nothing else. According to a press release from the university, they found that texters had more crashes; responded more slowly to brake lights; and generally showed more impairment than the other two groups. The researchers believe that the results have to do with how people divide their attention. Whereas people talking on the phone tried to divide their attention, people sending and receiving text messages had to simply switch between the two tasks. This slowed down their reaction times significantly. The researchers noted that reading messages tended to slow down braking more than composing or sending messages.

As West Palm Beach auto accident lawyers, we hope the Legislature takes studies like this into account when it considers a texting ban. Even before texting was widely popular, traffic accidents were already a leading cause of death in the United States. In fact, they are currently the leading cause of death for Americans ages 1 to 34. To send and receive texts, drivers take their eyes off the road for several seconds at a time. That may not sound like much, but when something unexpected happens on the road, every second counts. When drivers don’t pay enough attention, they can be responsible for terrible accidents that hurt themselves as well as any of the innocent people who happen to be passing by.

Continue reading "Study Finds Texting Drivers Have Six Times the Risk of Crashes" »