Fort Lauderdale Injury Lawyer Blog

Recently, two young people were killed and another seriously injured when they were standing near the side of the road as a result of a prior automobile accident in Plantation, Florida. Two of the victims had stopped to assist the driver of another car which had been disabled car in an earlier single car collision. A passing car collided with them. Currently, the Plantation police have not stated who was responsible for this horrific accident.

Last year in Miami, five people were struck and killed when they left their cars after a three-car accident along Interstate 95. Police said the driver who hit them was drunk and has since fled. In April, a Fort Lauderdale tractor-trailer driver was killed attempting to cross Interstate 75 after his truck collided another truck. Both of these accidents occurred in the low light of early morning.

In Hallandale, a 15-year-old Miami boy was struck and killed by a passing car as he helped three others push a disabled vehicle off I-95 near Hallandale Beach Boulevard.

Similarly, in Palm Beach County, an 18-year-old woman was struck and killed when she decided to leave her car which was disabled on I-95 near Forest Hill Boulevard to cross the highway about 3 a.m.

According to the Florida Highway Patrol, if your car is disabled, particularly on a highway in I-95, you should attempt to stop your car off the highway and as far away as possible from moving traffic. If conditions permit, you can try to find safety behind a guard rail or possibly stand in front of the car to the side. If you must get out of your car,you do not want to stand behind your car where it can be hit by passing traffic and propelled into you.

If your vehicle is disabled on a busy highway, you need to be very careful before you decide to leave your car, taking into consideration the weather, the traffic, and lighting conditions. Particularly in multiple lane highways like I-95 you need to be extremely cautious before attempting to walk across the lanes of traffic. If you must leave your car, try to stay as far away from the side of the road as you reasonably can.

Continue reading "Roadsides on South Florida highways are risky for those who leave their cars " »

In August 2009, Roberto Zepka and Elizabeth Manzanilla were on vacation in Florida from their home in North Carolina, but instead of relaxation and enjoyment, the family experienced tragedy at the hands of an allegedly drunk driver who killed their 2 year old daughter and seriously injured their 11 year old son.

Prosecutors say John Molnar, 38, was driving drunk when he slammed into the family's rental car causing the wrongful death and serious injury of the two young children. Molnar has a history of speeding and drinking. In December 1999, Molnar pleaded no contest to charges of disorderly intoxication and resisting an officer. Molnar's blood-alcohol level, according to authorities, measured 0.133 and 0.129 percent, significantly over Florida's legal limit of .08.

Molnar was on his way home when his Cadillac hit a the family's rented car. Isabella, who was riding in a car seat in the rear, was killed.

According to records, Molnar, failed field-sobriety exercises.The Florida Highway Patrol trooper at the scene thought Molnar appeared to under the influence, unable to stand without swaying, staggering, red eyed, speech speech and the smell of alcohol on his breath. Molnar admitted to having drunk one Yuengling beer at a friend's house.

Recently, the family returned to Orlando, on what was supposed to be the day John Molnar plead guilty. Instead, Molnar changed his mind and elected to go trial rather than plea guilty, which was set for May of next year.

Understandably, the frustrated family expressed their opinions as to what they wanted the judge to do to Molnar. "This guy, he doesn't have an idea of what he did to the whole family, to the life of my children," said Manzanilla.

This type of case illustrates the all too common tragedy of DUI. Drivers, often times with a history of DUI or other offenses involving alcohol, can't resist the opportunity to get behind the wheel rather than call a cab. In addition to the criminal penalties, which could involve substantial jail terms, drunk drivers are exposed to civil liability, which includes punitive damages as well as compensatory or actual damages. Frequently, punitive damages far outweigh the actual damages awarded by a jury in a personal injury case.Juries want to send drunk divers a lesson.

Continue reading "DUI crushes family on Florida Vacation" »

According to the Florida Department of Highway Safety and Motor Vehicles, for the year 2010, automobile fatalities fell into the following categories:

Careless driving, 26

Failed to yield right of way, 13

Exceeded safe speed limit, 11

Broward County Driving under the influence of alcohol, 10

Improper lane change, 5

Disregarded traffic signal, 4

Driving on the wrong side or wrong way, 4

Followed too closely, 4

Improper turn, 3

Exceeded posted speed limit, 3

Driving under the influence of drugs, 2

Disregarded stop sign, 2

Failed to maintain equipment/vehicle, 1

Driving under the influence of alcohol and druge, 1

Drove left of center, 1

Ran off roadway, 1

Over-correcting/Over-steering, 1

Other, 71

Continue reading "Broward County deadly car crashes " »

A Los Angeles jury has ruled that Barron Hilton (Paris's little brother) is responsible for almost $ 5 million dollars in damages to a gas station attendant he struck with his car in 2008. Earlier that same day he was arrested for drunk driving.

Fernando Tellez claims he was severely injured and underwent several surgeries and medical procedures after 18-year-old Barron collided him with his Mercedes-Benz as he pulled into a Pacific Coast Highway gas station.

Before his accident with Tellez, Hilton was was arrested for DUI after his blood-alcohol level registered 0.14, well above California's legal limit. Witnesses also said Barron Hilton was driving the wrong way down the highway for miles just before crashing into Tellez.

In the DUI proceeding, Barron pleaded no contest and received three years' probation.

According to the Los Angeles Times, the $4.6 million judgment covers pain and suffering, medical expenses and loss of earnings. Additionally, Hilton must also pay $225,000 in punitive damages and almost $71,000 in interest.

Barron was unavailable for comment. According to his Twitter page, the day the jury rendered its verdict, he was vacationing in the Hamptons.

Apparently the jury was unimpressed with Barron's family background. Instead of showing his concern for the judicial process and the victim of the accident, Barron took off to the Hamptons. Looking at the amount of the verdict and the fact that it involves punitive damages, it appears that the jury was trying to send young Barron a message. I can't help but wonder if Barron got it.

Continue reading "Paris Hilton's kid brother owes $5 Million to Gas Station Employee " »

In case you haven't noticed while driving along the highways of South Florida, there are more and more SunPass lanes. SunPass lanes permit cars to bypass the tollbooths by allowing the driver to pay his tolls electronically through the use of transponder. Instead of stopping and paying cash at the toll booths, cars equipped with the SunPass transponder can simply proceed through the SunPass lane. The SunPass transponder can be purchased through the State of Florida or at various retail stores and the tolls are paid through a SunPass account.

Because of the success of Florida's SunPass program, the Sunshine State Turnpike will no longer be collecting cash from drivers at toll booths along the Homestead Extention which runs 47 miles from Miramar to Florida City.

Drivers on the Homestead Extention will pay with their SunPass, or will be billed later, based on photographs of their license plate taken from remote cameras. This is the first step in a plan by the state to convert the Florida's turnpike system to a cashless toll road through the use of the SunPass System. The Miami-Dade Expressway Authority did this with the Gratigny Parkway, Don Shula Expressway and Snapper Creek Expressway.

In addition to the savings involved in not having workers collect cash at toll booths, not to mention the traffic delays caused by the stopping and the lines of cars at the toll booths,collecting the tolls electronically is much safer.

The National Transportation Safety Board in 2006 has recommend that toll plazas nationwide to be revamped with all-electronic tolling to reduce the risk of rear-end collisions at toll plazas with a mix of cash and electronic lanes. A staffed toll booth can process about 350 vehicles per hour. A SunPass lane where drivers merely slow to 25 mph can can handle to 1,600 vehicles per hour. Open road tolling, with no gates, barriers or booths, can handle up to 2,200 vehicles per hour.

Welcome to the 21st Century! Along with hands free cell phones equipped in most new cars, technology is reducing the need for drivers to stop at toll plazas. Because of the high rate of speed on South Florida's highways, serious rear-end accidents frequently occur where cars are backed up and an inattentive driver is approaching the toll plaza. It is not to difficult to imagine what can happened to the occupants of a car when is rear-ended at 35 mphs by a driver who is not paying attention when he approaches a toll plaza.

The transition from having cars stop to pay cash at a toll both to paying toll electronically while continuing to drive, is a welcome change which makes Florida's highways safer for everybody.

Continue reading "Homestead Turnpike Extension no longer accepting cash for tolls" »

A tire blowout resulted in a fatal accident involving a day laborers' van. One man was killed and five others were injured on Interstate 95. In the truck were day laborers who resided in Fort Pierce, Florida. They were headed to work at the time of the accident. One of the men, who was not wearing a seat belt, died at the scene. The other occupants of the vehicle were transported to various local hospitals.

According to the Florida Highway Patrol, the men were in a 1999 Dodge Grand Caravan headed south in a construction zone when the left rear tire tread separated and the vehicle lost control. The van proceeded to crash into a retaining wall and flipped over, ejected one of the men who was not restrained by a seat belt. The accident result in massive delays for traffic on I-95.

The consequences of a defective tire on the highway cannot be overstated. Vehicles experiencing blowouts at high speeds are prone to flipping and if the occupants are not restrained by a seat belt, there is a strong possibility that they could be ejected from the vehicle. The tire pressures should always be at the recommended settings. Also, one needs to be careful when buying retreads because of the possibility that the retread may separate from the tire.

This case is another tragic example of the catastrophies that can result from defective tires. If the defect was preventable, legal action may be filed against the manufacturer.

Continue reading "Tire Blowout results in fatal South Florida car crash" »

The ubiquitous red-light camera has arrived in Fort Lauderdale. Fort Lauderdale city officials announced that the cameras are being installed in a number of active intersections throughout Fort Lauderdale.

In case you haven't heard, red-light cameras are installed at various intersections and are intended to photograph cars which run red lights. The photographs show the car's license plate, but not the driver. Beginning in September, red-light runners in Fort Lauderdale will receive a $158.00 fine. According to Fort Lauderdale authorities the cameras will be in operation 24 hours a day, and warning signs will be posted that the intersection uses photo enforcement.

In addition to raising city revenue through fines,the installation of red-light cameras also serve the purpose of deterring would-be red-light runners because these drivers will no longer be able to count on the absence of any police cars to justify ignoring red-lights.

Opponents of red-light cameras cite privacy concerns and have met with some success in challenging their constitutionality based on technical grounds. They also argue that since the cameras can only photograph the license plate and not the drivers that an injustice may result since someone other than the owner may be driving.

For the years between 2004 and 2009, traffic accidents resulting from red-light runners in Fort Lauderdale resulted in 26 wrongful deaths. These photographs have tremendous evidentiary potential in personal injury and wrongful death cases where it is alleged that one of the drivers ran a red light. Frequently, both sides point to the other as the violator and there are no independent witness to support either side. Of course, attorneys will need to be able to get these photographs and access to them will create a whole new set of legal issues.

The following intersections will have red-light cameras:

N. Federal Highway at N.E. 8th Street

N.E. 15th Ave at E. Sunrise Blvd.

SR 84 at SW 9th Ave.

W. Sunrise Blvd. at N.W. 15th Ave.

W. Commercial Blvd at NW 21st Ave.

S. Fed.l Highway at SR 84

N.W 62nd Street at NW 9th Ave.

W. Commercial Blvd. at N.W. 9th Ave.

N.W. 62nd St. at N.W. 31st Ave.

Continue reading "Ubiquitous Red-light cameras come to Fort Lauderdale" »

In 2006, former Fort Lauderdale Police Officer, Alexander Griss, while driving his cruiser over 90 mph hit and killed a woman. He was not responding to a call, nor was he even on duty.

Griss was fired from the Fort Lauderdale Police Department and his trial has begun for the vehicular homocide of the woman that died in the accident. If convicted, Griss faces a maximum penalty of 15 years in prison.

The woman of Lauderdale Lakes, was struck by the cruiser at Southeast 21st Street and Federal Highway in the early morning on June 19, 2006. She was propelled over 100 feet. The police car had jumped a concrete median crossed into the opposite traffic and came to rest in a field. The black box from the cruiser revealed that it was going about 90 mph in a 40 mph zone.

The Fort Lauderdale Police Department's internal investigation found that he frequently operated his cruiser at excessive speeds while working and off-duty. In the month prior to the accident, Griss drove over 90 mph at least 90 times on various according to the investigation.

The Fort Lauderdale Police Department may also be exposed to civil liability as the owner of the car involved in the accident. Given Griss' apparent propensity for speeding, there may also have been some negligence in his hiring, retention and supervision. Currently, Florida's sovereign immunity law applies which would limit damages to $100,000, possibly $200,000 absent a claims bill.

Continue reading "Ex Fort Lauderdale Cop on trial for vehicular homocide" »

The Fort Lauderdale Sun-Sentinel reports that a bill pending before the Florida House of Representatives in Tallahassee, Florida, would allow families to file a civil suit in "cold cases" in which the killer or perhaps the body is not discovered until years after the crime. Currently, Florida's wrongful death statute has only a two year statute of limitations which basically requires that any civil lawsuit arising out of a death must be filed in court within two years of the date of death or it will be forever barred.

The current two year statute of limitations in Florida has the practical event of preventing the filing of wrongful death lawsuits in murder and other types of cases because where the wrongdoer's identity is not known until long after the death occurred. In cases where the victim dies and there is no one on the scene to identify the tortfeasor, it is not uncommon for them to flee rather than to wait around and identify themselves to authorities.

This bill (HB1) -- that will remove Florida's two-year statute of limitations on wrongful death claims -- resulted from the dedicated efforts of the family of Jeffrey Klee, deceased, and would bear his name.

Klee's remains were located in a van at the bottom of Coral Springs Canal in 2008, over-31 years after he disappeared. Police believe Klee was murdered by a "friend," who later admitted to pushing the van, with Klee's body in it, into the canal. Even though this person acknowledged pushing the van into the canal, Klee's family was unable to sue him in civil court for wrongful death because the two-year statue of limitations had long since expired. The law applies prospectively to future cases only.

The legal justification for statutes of limitations is based on due process considerations for potential defendants. It is reasoned that the longer the time period between the date of the alleged wrongful conduct and the date that the lawsuit is filed, the more difficult it is for the defendant to obtain the evidence required to mount a defense. Witnesses' memories fade over time and the opportunity to take photographs may be gone.

Notwithstanding these considerations, this bill is a much needed recognition by the Florida legislature that a victim's family should not be precluded from seeking justice in situations where it was impossible to file the lawsuit within the two-year statute of limitations. Also, it is somewhat suprising that this bill has progressed, given the current pro-business, anti-consumer climate in Tallahassee. As a practical matter, this case would not significantly increase the number of wrongful death cases filed in court since only a very few cases involve situations where the identity of the wrongdoer is not known within two years. Nonetheless, it is a good bill which deserves to be the law in the State of Florida.

Continue reading "Florida House of Representatives ready to extend wrongful death statute of limitations" »

The Sooner the Better.

It is important to remember that time is of essence. The longer you wait, the more likely it becomes that critical evidence will no longer be available -- witnesses' memories fade and the opportunity to take photographs may be gone. Conditions at the scene of the accident, evidence of the property damage, injuries, and other relevant evidence can change or even disappear.

Personal injury cases and wrongful death cases have important deadlines in which to file a lawsuit called "statutes of limitations." If your claim is not filed within the statute of limitations, it may be forever barred! The sooner you e-mail or call us at The Ben Law Firm, the sooner we can assess the scope of your claim and and begin processing your case. Unfortunately, by the time many accident victims decide to consult a lawyer, much of the evidence available right after the accident occured is no longer around or the statute of limitations may have run.

Report the Accident.

Call 911. Report the incident to the police or the property owner as soon as possible. If you were involved in a motor vehicle accident, you should immediately notify the police. In car accidents, this may be necessary to prove the identity of the owners and the drivers of the vehicles involved, to document the names and addresses of the witnesses and any contributing road conditions. Automobile insurers often require a copy of the accident report before they will pay for any property damage.

If you were involved in a fall or other type of accident, it is important to report the incident to the commercial establishment or property owner as soon as possible so that the the accident is properly documented.

Although many insurance policies require their policy holders to report the accident to the insurance company, it is important to remember that the insurance company is not on your side. You should not give any statements or sign any papers without first consulting with your attorney.

Call your Attorney.

In addition to calling 911 and promptly seeking medical attention, the most important thing you can do after being injured in an accident is to contact an experienced personal injury lawyer. The Ben Law Firm is available 24 hours a day, 7 days a week, at (888) 3Ben-Law or by email at Injured.com, your on-line legal resource.

Obtain Witness Information.

Once you leave the accident scene, it can be difficult, if not impossible to locate the witnesses, even for an experienced private investigator. If you are able, you should try to get the name, address, and telephone number of every witness. If applicable, obtain information of any employees who may have witnessed the incident.

Take Photographs.

People recently involved in accidents often forget that their cell phone has a camera and maybe a video recorder. If possible, you should take pictures of the vehicles (such as the damage and final rest location of the cars), road conditions, conditions of the premises, conditions of the defective product and the extent of your injuries. Much of this evidence will not be available when you contact an attorney. "A picture is worth a thousand words."

Make Sure the Medical Records are Complete.

When you are at the hospital or treating with your doctor, it is important to remember that your medical records will be evidence of the damages in your case. You should provide the health care provider with a complete history of the accident, including the date it occured, and describe in detail the pain or other symptoms you were and are experiencing. Thorough medical records will probably be the strongest evidence of your injuries. If you do not provide a history of the accident or fail to tell your doctor about all of your injuries, the insurance company can use this as a basis to deny all or a part of your claim.

Preserve the Evidence.

Whether you were injured in an auto accident or other serious accident, any evidence you maintain can help your case. Keep your shoes, if you were injured in a slip and fall. If you were hurt by a defective product, keep the product or take pictures of the product. If you were injured in a car crash, keep the vehicle, take pictures of the damage, and keep copies of the receipts for any repair work. Write down everything you can remember: Memories will fade over time. You should write down everything you can remember about the accident, ranging from how the accident occurred to what the conditions of the road or surrounding area were.

If you have any questions, contact us at The Ben Law Firm. We are available to help.

Whether you were injured in Florida or somewhere else, The Ben Law Firm is committed to helping you obtain the best legal representation available. Even if the accident occurred in another state or country, we can refer you to a competent attorney in that area. Remember -- we will not charge you for consulting with us.

Toyota continues to insist at Congressional Hearings that the electronics its cars were not the cause of the sudden acceleration. Various members of a congressional panel responded that it should not be ruled out. Toyota maintains that the "stuck gas pedals" were caused by one of two problems -- misplaced floor mats and sticking accelerator pedals.

Toyota's president. Akio Toyoda, is scheduled to testify before the congressional panel and stated he took "full responsibility" for the uncertainty felt by Toyota owners. He offered his condolences to a San Diego, Calif., family who were killed in late August. "I will do everything in my power to ensure that such a tragedy never happens again," Toyoda said in prepared testimony for Wednesday's hearing to the House Government Oversight Committee. "My name is on every car. You have my personal commitment that Toyota will work vigorously and unceasingly to restore the trust of our customers," Toyoda said.

Congress is investigating Toyota's problems. Toyota has recalled more than 8 million vehicles worldwide -- more than 6 million in the United States -- since last fall because of sudden acceleration problems in multiple models, braking issues in the Prius hybrid and steering concerns in the Corollas. People with Toyotas have complained about their speeding out of control in their efforts to slow down, sometimes resulting in deadly crashes. The government has received complaints of 34 deaths linked to sudden acceleration of Toyota vehicles since 2000.

Representative, Henry Waxman, D-Calif., chairman of the full Energy and Commerce Committee, rejected Toyota's position that its electronics could not possibly be the cause and said this should have been investigated more thoroughly by the company. Waxman was also critical of the federal government saying: "Toyota failed its customers and the government neglected its responsibilities."

Congressman, Bart Stupak, of Michigan said Toyota "all but ignored pleas from consumers to examine sudden unintended acceleration events. . . .They boast in a briefing of saving Toyota $100 million by negotiating a limited recall. They claim that they first became aware of sticking pedals in late October of 2009 when in fact they had received numerous complaints many months and years earlier. . . .They misled the American public by saying that they and other independent sources had thoroughly analyzed the electronics systems and eliminated electronics as a possible cause of sudden unintended acceleration when, in fact, the only such review was a flawed study conducted by a company retained by Toyota's lawyers."

The current wave of sudden acceleration incidents involving many of Toyota's most popular models will almost certainly end up being litigating in the courts. These product liability suits will be for wrongful death and other serious personal injuries. Given the unfavorable climate surrounding Toyota, that company may be inclined to resolve these suits quickly rather than drag them out and create more unfavorable publicity.

Continue reading "Toyota denies electronics the cause safety problems" »

Toyota announced that it is recalling 2.3 million vehicles in the United States to correct problems with its accelerator pedals that can become stuck. These cars were sold nationwide, many in Miami and Fort Lauderdale, Florida.

The recall affects the 2009-2010 RAV4, the 2009-2010 Corolla, the 2009-2010 Matrix, the 2005-2010 Avalon, the 2007-2010 Camry, the 2010 Highlander, the 2007-2010 Tundra and the 2008-2010 Sequoia. The attached announcement from Toyotal answers some of the questions concerning these models.

Toyota previously recalled 4.2 million vehicles over concerns that accelerator pedals could become lodged under floor mats, causing sudden acceleration. That problem was blamed for several crashes, including an accident involving a Lexus that accelerated to more than 120 mph before crashing in San Diego, killing four people.

Toyota said this latest recall is due to potential problems with the actual gas pedal mechanism itself, causing the accelerator to become stuck regardless of whether the vehicle contains a floor mat. Toyota said in certain rare cases, the gas pedal mechanism wears down, causing the accelerator to become harder to press, slower to return or, in some cases, stuck.

Toyota said the problem appeared to be related to the potential build-up of condensation on sliding surfaces in the accelerator system that helps drivers push down or release the gas pedal. Toyota, however, did not announce the solution for this problem.

The National Highway Traffic Safety Administration said in a statement that the problem represents a serious safety issue and tnat immediate action should be taken.

Problems with gas pedals that "stick" for no apparent reason are often referred to as "unintended acceleration." It is not too hard to imagine the out-of-control situations which can result when an automobile continues to accelerate no matter what the driver does to the gas pedal. The bottom line: a car traveling at a high rate of speed without the ability to slow down or stop, will eventually become involved in an accident.

In these types of situation, the car's driver and passenger may suffer significant injuries or death. Florida law allows for product liability lawsuits against an automobile manufacturer where the defect is one that could have been prevented by the manufacturer during the design or manufacture of the car. Such lawsuits freqently involve catastrophic medical injuries or wrongful death.

Continue reading "Toyota issues nationwide recall of cars to fix gas pedal, including Florida sales" »

Another dangerous intersection in Broward County was the scene of a car accident on August 12, 2009, injuring eight people. One infant was thrown from a car, while seven others were injured in a collision between a car and a pickup truck at the Oakland Park intersection of North Andrews Avenue and 56th Street, which is known for an overabundance of accidents.

Two women and four children were riding in a car when it collided with a large sized pickup at North Andrews Avenue and 56th Street in Fort Lauderdale. The impact was so bad that it was necessary for the Oakland Park Fire Rescue to use the Jaws of Life to remove the car's driver and one of the children. The man driving the pickup and his passenger were treated for minor injuries.

All eight people involved were taken to Broward General Medical Center in Fort Lauderdale, where the car's driver, an infant and a small child were listed in serious to critical condition. The other passengers in the car, an adult female and two other children received minor injuries and were treated at a local hospital.

The intersection was closed for two hours after the crash as investigators processed the scene. ``It would be speculative to say what vehicle was going which way or who might be at fault,'' a BSO spokesmen said. ``That will be determined after a thorough investigation.''

A man living in the neighborhood who heard the collision from his house on 56th Street just east of Andrews Avenue, stated: ``It's a very dangerous intersection. . . . I've lived in that neighborhood my whole life, and it's just consistently gotten worse. People just come flying over that bridge and they run through the light.'' The man states that he has heard at least five serious accidents at that intersection just this year. ``I hear squealing tire brakes from my house all the time."

Unfortunately, South Florida is chock full of dangerous intersections, with the intersection at Pines Boulevard and Flamingo Road in Pembroke Pines being one of the most dangerous. The Florida Department of Transportation is the government agency responsible for monitoring these intersections and implementing safety precautions. Given the current financial condition of Florida's state government and the ever increasing number of motorists, it appears that the number of dangerous intersections in South Florida will continue to rise.

Continue reading "Fort Lauderdale, Florida -- another dangerous intersectional crash injures 8" »

You may recall the horrific car accident on I-95 in Hollywood, Florida, during November of last year. The accident which shut down I-95 involved a rear-end collision between two SUVs, both of which caught fire. One of the vehicle's occupants was trapped inside and burned to death.

Jacob P. Payne, the driver of the 2000 Cadillac Escalade, which appears to be at least partially responsible, had a long history of traffic infractions. From 2006 to the present, Payne of Hallandale Beach, Florida, was convicted of careless driving, reckless driving and even had his license suspended several times, according to the Florida Department of Motor Vehicles. That accident on Interstate 95 near the Hollywood-Hallandale city line resulted in a death, multiple injuries, and closed down I-95.

Payne, according to FHP investigators, was the driver of the 2000 Cadillac Escalade that appears to have started the crash. The Escalade initially struck the back of a 2005 Ford Taurus which was stopped in traffic. The Escalade then kept going and turned into the emergency lane where it slammed into the rear of the 1998 Ford Expedition which was stopped.

Within minutes, both SUVs were engulfed in flames.The Expedition's driver was trapped inside and died at the scene. Her remains were so severely burned, FHP investigators required her dental records to confirm her identity.

Previously, according to prior Hollywood accident reports, Payne drove a black Dodge truck that struck two cars, then fled. He was charged with fleeing the scene of an accident, careless driving and driving on a suspended license. Somehow his license was reinstated by the end of June.

This tragic case calls into question how easy it is for dangerous drivers to keep their license despite a history of reckless driving. As most of you know, when you receive a ticket, if you are not offered traffic school or elect not to go, you are required to appear in traffic court before a magistrate or a judge. The court file for the hearing contains the individual's driving record. One cannot help but wonder whether the magistrate or judge who adjudicated this driver's prior tickets actually paid attention to his record and the nature of the violations for which he was cited. That Payne was able to keep his license, despite his history, reveals a problem with our traffic court system which allows dangerous drivers to continue to slip through the cracks and keep on driving.

Continue reading "Hallandale man in firery car accident had history of bad driving" »

Sometimes it takes a tragedy such as a bicycle death before recognized safety concerns are acted upon. This was the case with the recent bicycle death of a Boca Raton man who died when an SUV collided with his bicycle. At the time of his fatal accident he was riding his bicycle to his home from a friend's nearby house. The collision occured near the intersection of Camino Del Mar and Camino Real in West Boca Raton, Florida. The intersection was very busy and did not have a traffic light to control cars and pedestrians crossing the roadway.

A traffic light is now being installed at the intersection of Camino Real and Camino Del Mar. In addition, the wheelchair ramps and tie-ins to cross the street, and stripping on the crosswalks are also being installed according to the Palm Beach County Traffic Division.

Several people who were upset about the fatal accident contacted the County to request that a new traffic study be performed at the dangerous intersection. A friend of the cyclist who was with him just before his fatal ride drove out and looked at the site. "You have to dash for your life if you're walking or on a bike." He checked out a website detailing the traffic flow there. The friend was shocked to discover that a traffic study hadn't been done for five years.

The County was able to justify the installation of the light because of the traffic studies and also because of new laws concerning the limitations of seniors as they make right-hand turns in their cars.

Under Florida law it is difficult, but not impossible, to sue a municipality, a county, or a governmental agency, for not installing a traffic light at a particular location. While issues of this type have been extensively litigated in the courts, the general rule is that the initial decision by the government of whether to install a light or other traffic control device such as a sign is discretionary and hence there is no liability for an accident even if the intersection is known to have an unusual amount of accidents. There have exceptions carved out to this rule, but these are beyond the scope of this entry.

Continue reading "Bike death results in new traffic light in Boca Raton, Florida" »