Fort Lauderdale Injury Lawyer Blog

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" »

The Fort Lauderdale Sun Sentinel reports that a landlord arguing with the father of one his tenants was chased down by the irate father in his car and run over. The incident was captured on an outdoor surveillance camera.

Police said the driver threatened the victim and stated: "I am going to get you, mother f-----!" The victim can be seen on the videotape running for his life, falling near the sidewalk before being run over by the Ford Taurus, which stopped on top of him.

The man remained trapped under the car until officers arrived to rescue him. Police had to ask bystanders to help lift up the 1992 Ford Tauras to free the man. Fortunately, in addition to the police, a weightlifter was available to help pull the man out from under the car. The man survived the impact and paramedics took him to the emergency room at Broward General Hospital.

The driver was criminally charged with aggravated assault with a deadly weapon and two counts of assault for getting into fights outside the car. The video shows the driver fleeing the scene and then fighting with one bystander, later entering the a grocery store where he punched a 24-year-old woman.

Because of the obvious intentional nature of this incident, even if the driver here had purchased liability insurance on his car, any claim would probably be denied by his insurance company. Most liability policies have an "intentional acts" exclusion which states the policy will not pay for damages caused by a driver who deliberately tries to injure someone while operating his car. The driver can still be sued for battery (an unlawful touching) and even for negligence under the theory that somehow the impact wsa just an "accident," but it will be very difficult to get paid under the driver's policy. If the landlord owned his own car and had purchased uninsured motorist coverage, he might be able to recover for his damages under that policy. Although these types of cases are very unusual, this illustrates the importance of purchasing uninusured motorist coverage for you and your family.

Continue reading "Fort Lauderdale man chased by irate driver in car" »

Even the best "driver" in the world can land in the rough.

Tiger Woods, considered to be the top professional golfer in the world today, was treated and released from a hospital in Orlando after suffering minor injuries in a single car accident early Friday, November 27, near his expensive home in Windermere, Florida.

Woods pulled out of his driveway in a 2009 Cadillac SUV and struck a fire hydrant, then a tree, according to a report from the Florida highway patrol in the Orlando area.

Florida highway patrol troopers plan to talk to pro golfer Tiger Woods on Saturday, November 28, to get more information about his car crash near his home. The troopers tried to speak to Woods on Friday as part of their routine car accident investigation, but his wife said he was sleeping, a spokeswoman for the Florida highway patrol said.

The accident occurred about 2:25 a.m. in Windermere, a suburb of Orlando. Two Windermere police officers, who were the first to arrive stated:

"There was Tiger Woods laying on the ground in front of the vehicle with his wife over him rendering first aid," he told reporters.

"He was in and out of consciousness with lacerations to his upper and lower lip," Saylor said. "He was mumbling but didn't say anything coherent."

Woods' wife, Elin Nordegren, told the police she was inside the house when she heard the accident. She said she went outside and used a golf club (presumably a Nike) to break out the rear window of the vehicle, then pulled him from the Cadillac.

"According to the officers, yes, she was very upset," he said in response to a question.

Despite damage to the front end of the SUV, it was drivable, but was towed. Troopers didn't take pictures of the scene.

Woods was set to host and play the Chevron World Challenge on Monday at Sherwood Country Club in Thousand Oaks, California. Woods has won the tournament -- which helps raise money for Tiger Woods Foundation programs -- four times.

No matter how good of a driver you think you are, stuff like this happens. That is why it is important to always wear your seatbelt. Even in single car accidents, Florida insurance allows you to recover a portion of your medical bills and lost wages if you have PIP insurance. Also, under certain circumstances, where another unidentified car is involved which left the scene, you also may be able to recover for your injuries if you have elected to purchase uninsured motorist coverage.

Continue reading "Tiger Woods injured in Florida car accident" »

The question of brain injury resulting from concussions, which has for years been seen in victims of car accidents, has now become an issue for the National Football League. Even professional athletes wearing helmets are capable of sustaining a concussion resulting in brain damage.

Two members of National Football League's medical committee studying the effects of concussions recently quit after the players' union complained about their bias toward minimizing the impact of these types of injuries to the brain.

The NFL, according to a recent memo, is looking into modifications to rules and equipment to reduce head injuries. Teams are now required to hire independent neurologists who must concur with a team physician's decision to allow a player to return to the field after a concussion.

Last month the U.S. House Judiciary Committee held a hearing on head injuries in football, with Goodell and players' union Executive Director DeMaurice Smith among those testifying. Smith told Congress that the NFL ignored a decade of research showing a connection between on-field injury and post-career mental illness.

Pittsburgh Steelers all-pro quarterback Ben Roethlisberger is a recent example of the increasing attention paid to concussions. Roethlisberger is now feeling better and without symptoms after sustaining a mild concussion in the November 22 loss to the Kansas City Chiefs. He is expected to play November 29 against the Baltimore Ravens according to coach Mike Tomlin. Since 2006, Roethlisberger had three other concussions. "The battery of tests that he took showed that he showed no symptoms," Tomlin stated. "We'll continue to monitor his condition and where he is on a day-to-day basis and let that guide our decision-making."

With professional players becoming bigger, stronger and faster, violent collisions in football are occurring with ever more frequency. In the past, the NFL has tried to downplay the brain damage that can result to players from concussions. However, there have been a number of documented instances of former NFL players who developed symptoms of brain damage after sustaining concussions during their playing days. The NFL Players Association has taken up this cause of brain injury resulting from concussions, forcing the league to respond. The resignation of the two members on the committe is the just initial response by the league. Expect to see rule changes increasing the penalties to players who deliver blows to the head.

This issue of brain injuries resulting from concussions to professional football players, brings us back to the damage that can result to people in car accidents who suffer concussions. In the right type of impact, the trauma to an accident's victim head can be similar to that sustained in football and this person is not even wearing a helment. It is important following any accident where there is a trauma to the head, automobile or otherwise, that the injured person follow up with the appropriate medical treatment which may include CAT scans of the head.

Continue reading "Brain Injury from Concussions now a Priority with NFL" »

Toyota has announced the recall of 110,000 of its pick up trucks in the United States, amid concern over corrosion to the vehicle's frame.

Toyota, in a statement, warned owners in cold areas that road salt could corrode parts of the frame, causing the spare wheel to come loose and damage to brake lines.

The defect was discovered in Toyota's 2000 to 2003 Tundra models.

"The spare tire stowed under the truck bed may become separated from the rear cross-member," the company said. "Spare tire separation will create a road hazard for following vehicles and increase the likelihood of a crash."

In addition, Toyota advised that corrosion may affect a valve on the rear brake line.

"If this occurs, it can lead to the loss of the rear brake circuits which will increase vehicle stopping distances and the risk of a crash."

Toyota is offering to fix the defect with "a corrosion-resistant compound" or the replacement of affected parts.

It was the second major safety problem for Toyota in as many months. In October, the Japanese automaker issued a safety warning for 3.8 million Lexus and Toyota cars because of potentially deadly floor mats.

Continue reading "Toyota Recalls Trucks" »

The Florida Highway Patrol has issued a warning to motorists: The Florida Highway Patrol will remain on high alert during this holiday weekend. Even troopers ordinarily assigned to administrative duty will be on road patrol.

The Thanksgiving holiday period has been traditionally been one of the deadliest times of the year. Drivers and Dade and Broward Counties can expect to see their share of drunken motorists, speeders and aggressive drivers. As a result of economic recession that we have been experiencing, some travelers are opting to drove rather than fly. AAA predicts that, nationwide, the number of drivers going more than 50 miles from home by automobile will increase 2.1 percent to 33.2 million.

There were more fatalities -- 52 -- during the five-day Thanksgiving break than for any other holiday in 2008. New Year's Day was second with 42 deaths. About half of 2008's Thanksgiving-break deaths were alcohol-related.

Troopers also will be on the lookout for drivers who are not properly fastening their children in safety seats or seat belts.

Continue reading "Heavy car traffic during holidays increases accidents on Florida's roads." »

Sometimes people on motorcycles are injured not as the result of the negligence of other cars, but rather as the result of negligence by landowners in maintaining their premises. A recent accident in the Florida Keys illustrates how this unfortunate series of events can unfold.

Recently, an off duty Palm Beach County Sheriff's Deputy was severly burned when he rode his motorcycle up to the pump at a Circle K in the Florida Keys which slipped in a puddle of fuel. The bike landed on top of him and was instantly ignited.

"In just those few seconds" the motorcylist sustained 2nd and 3rd degree burns over most of his body--all because of an accident that his sister stated the Circle K gas station could have prevented. According to the man's sister: "When he pulled into the gas station he already didn't stand a chance."

Attorneys for the man claim they have proof that this was avoidable, and that the gas station attendants knew the pump was leaking fuel onto the ground

"Consumers would go in and report that to the Circle K people who pretty much were nonchalant about the whole thing and would throw kitty litter on it and hope that the gas spill would just dry up."

Similar negligence is happening at other gas stations, according to the man's sister, but there's no oversight to stop it and no one to protect others from her brother's fate. "This isn't a matter of if, it's a matter of when it's gonna' happen to somebody else," she stated

The man sustained burns over more than 60 percent of his body, just had his 3rd skin graft. His family hopes to have him home from Jackson Memorial Hospital in Miami by Christmas.

Everyone who has ever filled up their tank at a gas station knows that it is not uncommon for there to be fuel or other material on the pavement surrounding the pumps. These substances are not only a slip and fall hazzard for customers walking in the area, but may also constitute a danger for motorcyclists pulling up, as this story tragically illustrates.

Continue reading "Man Burned in Florida Keys Motorcyle Accident" »

More and more, we hear about serious automobile accidents involving drivers who are texting with their cellphones.

One such accident involved Manny Mejia of Lakeland, Florida, who had dreams of becoming a professional boxer. Those dreams were crushed when he was hit by a car while dumping a can of trash into his garbage truck.

"My legs just got taken off right there and I remember rolling off the hood of the car into the driveway on the side of the road and I looked down and both of my legs were like crushed. They were already amputated right there," explained Mejia

The driver of the car, Stephen Horne was texting while driving. Horne faces up to five years in prison for reckless driving.

Polls show that the overwhelming percentage or drivers realize that it is dangerous and want the government to do something about it. Nevertheless, people still continue to text while they drive. A number of states have banned texting while driving, but Florida is not one of them.

Recognizing the issue, Governor Charlie Crist has requested the state legislature to take up the issue of texting while driving in the 2010 legislative session. A number of bills have been filed this year in Florida that would govern texting while driving. One such bill previously died in legislative committee last year.

"It's important that we do everything we can to make sure our fellow Floridians are safe and you know we've seen over and over again these videos of people whether they're on a train or somewhere else, that have been texting while driving and the obvious danger of it is absurd," according to Governor Crist.

Heather's Law is currently pending in Tallahassee. Heather Hurd, after whom the bill was named, was killed on her way to meet her parents at her wedding planner's office in Eastern Polk County. Before Heather could arrive, a semi truck slammed into the back of her car. Police say the driver had been texting. Heather's Law would ban the use of cellular phones while driving without a headset or hands free.

Driving while using a cellular phone is something most of us have done at one time or another. We need to be cognizant that simply using the phone has the potential to distract our driving and could result in serious consequences. Texting while driving, although some studies may indicate otherwise, seems to be present much more of a hazzard and should be outlawed. It is about time that our legislators in Tallahassee put our driving safety ahead of the interests of the telecommunications industry. They need to pass legislation which bans texting while driving during the next session. If not, we will continue to hear more and more about the tragedies which this will cause.

Continue reading "Texting while Driving should be Banned in Florida " »