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 Florida House is considering a bill to allow waivers of liability signed by parents in favor of businesses involved in high risk activities for children such as theme parks, go-cart tracks and other businesses. The bill has already been passed by the Senate and will go to the House for vote.

In Kirton v. Fields, 997 So.2d 349 (Fla. 2008), the Florida Supreme Court, held that a pre-injury release executed by a parent on behalf of a minor child is unenforceable against the minor or the minor's estate in a tort action arising from injuries resulting from participation in a commercial activity. In the Kirton case, a 14-year-old boy was killed while riding an all-terrain vehicle at a commercial track. The Florida Supreme Court allowed the boy's family to sue the track even though his father had signed a liability waiver.

The Republican dominated Florida House and Senate appears to be more concerned with the profitability of its business constituents and corporate donors then the welfare of children. If pre-injury releases are permitted for commercial establishments, the incentive to take reasonable precautions to protect the safety of minor children would be removed. Moreover, as a provider of the activity, a commercial business can take precautions to ensure the child's safety and insure itself when a minor child is injured while participating in the activity. On the other hand, a minor child cannot insure himself or herself against the risks involved in participating in that activity.

Continue reading "Florida House to reinstate child liability waivers to protect businesses" »

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" »

A man was killed on his motorcyle Sunday in Pasco County when he took evasive action to avoid hitting three motorcycles he was riding with in a group, the Florida Highway Patrol reported. Stephen Kopilchak from Forstproof, Florida was declared dead at the scene when his 2006 Harley Davidson went down.

Kopilchak had been riding his motorcycle together with three other motorcycles when a car in front of the group slowed to enter a private driveway. The three other motorcycles in front of Kopilchak took "evasive action" to avoid the car, but Kopilchak, who was wearing a helmet, was unable to avoid the three other motorcycles and lost control.

Although the rider had been wearing a helmet, this failed to protect him. This tragic case raises the issue of how to safely maneuver a motorcyle when riding in a group. Frequently, bikers are forced to take quick action to avoid making contact with other vehicles on the road who don't see them. Not surprisingly, the most important safety maneuver a biker can make while riding in a group occurs long before the sudden emergency. When riding in a group of motorcycles, adequate spacing between you and your fellow riders is critical from the get go.

Sudden emergencies are just as the term implies -- situations which occur without warning requiring an immediate response. If you are too close to other motorcyles, your options are limited. The end result may be that your bike may goes down. All sorts of scenerios can rapidly present themselves on group rides, ranging from debris on the roadway to a flat tire on one of the other motorcycles. Bikers need to be aware of this and to space themselves accordingly.

Continue reading "Florida man killed in motorcycle wreck" »

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.

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A photographer reportedly cut off actor, Brad Pitt, on his motorcyle in Los Angeles on Saturday, October 24, 2009, which apparently led the actor to lose control on his bike and crash into the car in front of him. Pitt then fell off his bike.

Fortunately, Pitt, who was riding a brand new motorcycle, was unharmed. Not surprisingly, he had a few choice words for the at-fault driver.

In Florida, particularly in Dade and Broward Counties, motorcycle accidents are an all too common occurence. South Forida motorists aren't paying enough attention to their driving and simply fail to see motorcycles. Some drivers (a very small minority) harbor some bias against motorcycle riders because of a prior experience they may have had in the past with a motorcylist speeding or they don't like the noise from their mufflers. In any event, given today's climate, if you ride a motorcycle, you need to be extremely attentive to the vehicles surrounding you on the road.

As most people who ride motorcycles know, there is no such thing as a minor accident. If your bike hits the pavement, you are lucky to walk away. Most riders however, sustain broken bones along with a bad case of "road rash," if not worse. A lot of times the motorists fail to have automobile insurance which would cover the riders injured by their negligence. It is for this reason, that each motorcylist should speak to their insurance agent about buying uninsured motorist coverage to insure their motorcyle. Uninsured motorist coverage will provide insurance in the event that the at-fault motorist has no insurance coverage or not enough to cover your damages.

We realize that purchasing uninsured motorist coverage for your motorcycle is an additional expense that may be tough to pay, particularly in this economy. Nevertheless, all too many times, it is necessary for motorcyle riders to protect themselves from the consequences of an uninsured driver of a car or truck. If you do not have uninsured motorist coverage on your motorcycle, you need to very seriously consider laying out the extra bucks and purchasing this.

Continue reading "Motorcycle Accident involving actor, Brad Pitt" »