Fort Lauderdale Injury Lawyer Blog

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" »

As you may know, Google has been experimenting with cars that can actually drive themselves without human assistance using Google's map applications along with other hardware like video cameras, lasers and radar to have a driverless car. One of Google's self-driving cars was involved in a rear-end collusion in California. As expected, critics are now questioning the safety of these vehicles.

Google asserts that at the of this accident, the car was not driving itself but was, in fact, operated by one of its employees. "Safety is our top priority. One of our goals is to prevent fender-benders like this one, which occurred while a person was manually driving the car," said a Google spokesperson, noting that its self-driving cars have traveled more than 160,000 miles autonomously without incident.

This minor accident brings into focus the question of when will computer technology be sufficient to replace the judgment exercised by humans beings when they drive. Now, we have GPS's which guide us to our destination, cruise control and active warning systems to alert us when somebody is in our blind spot. While the technology to replace human drivers is not yet here, it is not inconceivable that this will be coming in the not to distant future.

Nevada will become the first state in the nation to pass legislation legalizing driverless vehicles after considerable lobbying by Google. Nevada's DMV is working on a series of regulations regarding self-driving cars, including requirements for insurance.

Certainly self-driving cars present the promise of reducing accidents from human error but until that day occurs, we will all be surrounded on the road by human drivers using their cell phones, blasting their radios, and distracted by all sorts of outside stimulii. Accidents due to driver negligence will occur and many of these drivers will not have liability insurance.

While the Bible tells us to err is human and to forgive is divine, we should all think about what happens if we or a loved one are seriously injured through the negligence of a driver who has not purchased insurance. The only way to protect you and your family from the financial consequences of this scenario, is to purchase uninsured motorist (UM) coverage from your insurance company. UM is not required by the State of Florida and is typically not included in your insurance policy when your agent sells you "full coverage." You need to specifically ask your insurance agent for UM coverage when you purchase insurance or you will probably be out of luck if you get hit by an uninsured human driver.

Continue reading "Google Robotic Car Rear-ends another vehicle" »

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 " »

A Horry County, South Carolina grand jury recently indicted a Florida woman on traffic homicide charges arising out of the August 2009 death of a 60-year-old woman on a South Carolina Highway. Kimberly Kelley Hilburn, 39, of Winter Haven, Fla., was charged with felony driving under the influence resulting in death; and two counts of felony DUI resulting in great bodily injury, according to grand jury indictments.

Glendora Faye George, 60, was killed when Horry's vehicle crashed into hers according to the S.C. Highway Patrol. The Highway Patrol said the Florida driver crossed over the center-line while driving a 1995 Chevrolet truck and struck George's 1998 Ford sport utility vehicle. George, who was wearing a seat belt, was pronounced dead at the scene from multiple blunt-force traumas. Five other people in the vehicle with George were also injured and taken to area hospitals.

Hilburn, who was also injured, was arrested. Whether it is South Carolina or Florida or any other location in this country, there are likely to be drunk drivers on the road. There is not much one can do to protect themselves from the carnage that these drivers can cause, particularly in a scenario like this one where another car suddenly crosses over the centerline of the roadway.

There is however from an insurance point of view, much that you can do to protect you and your family. Typically drunk drivers have a previous history of traffic violations and accidents. When insurance companies review their driver's license records they see an obvious red flag and may raise their insurance rates or flat out deny liability coverage to these drivers. Hence, a disproportionate number of drivers who drink and drive, often fail to have liability insurance, particularly in Broward County, Florida.

Armed with this knowledge, you can purchase uninsured motorist coverage from your own insurance company at a reasonable price, up to the amount of liability coverage that you purchase. Uninsured motorist coverage, will protect you and your family in the event that you are injured by a drunk driver who fails to have liability insurance to cover your injures.

As the old saying goes: "An ounce of prevention, is worth more than a pound of cure." Unfortunately, accidents occur when you least expect them and then it is too late to purchase uninsured motorist coverage if the other driver is bare. The time to buy this most important coverage is now!

Continue reading "Florida woman charged in 2009 death while DUI " »

Miami television news station, Channel 4, reports that the driver of the car that struck a motorcyclist in east Fort Lauderdale which resulted in the death of a Miami Heat dancer stated to police that he had consumed two alcoholic drinks.

Channel 4 was able to access the search warrant filed in Broward County court which stated the driver, Mario Careaga of Fort Lauderdale, advised the police that he had the drinks at the Galeria Mall in Fort Lauderdale. The accident occurred near downtown Fort Lauderdale. So far no criminal charges have been filed against Careaga.

Police records state that Careaga was driving his 2009 Mercedes when he struck Miami Heat dancer, 22, of Plantation, who was riding a motorcycle near downtown Fort Lauderdale. The motorcylist had been heading west in the right lane on East Sunrise Boulevard, near North Federal Highway, in Fort Lauderdale, when Careaga's car rear-ended the motorcycle, propelling Lopez-Ruiz off it.

This case raises a number of issues from the standpoint of filing criminal charges against the driver. One of the potential issues in any criminally prosecution which might be pursued against the driver of the automobile is whether he was under the influence of alcohol or a narcotic. Usually, two drinks do not contain enough alcohol to impair a driver's faculties. However, drivers suspected of DUI frequently understate the amount of alcohol consumed in an attempt to minimize their potential criminal exposure.

In situations like this other evidence may come into play, such as a blood alcohol test or a breathalyzer test to determine whether the level of alcohol in the driver's blood exceeded the legal limit. There may also be a video of the driver performing roadside tests administered by the police or even a video from the bar where he apparently admits to have been drinking. Likewise his tab at the bar may also reveal how many drinks were ordered.

On the other hand, this could simply be the case of a non-impaired driver who simply wasn't paying attention and may have negligently rear-ended the victim. It will be the responsibility of the Broward County State Attorney's office to sort all of this out.

Continue reading "Miami Heat dancer's death involved driver who had been drinking" »