Florida Accident Attorney Blog

A Fort Myers man received the maximum sentence in a road rage case that started off as tailgating and ended up in a truck car accident and an attack on the victim's vehicle. Brian Forrest Higgins, 25, was driving his truck behind Ron Magley, 55, of Naples, on Livingston Road heading south last September 2008. According to reports, Higgins tailgated Magley's vehicle, changing lanes and finally cutting him off, causing a crash. Higgins then got out of his truck and attacked Magley's vehicle, screaming and threatening to kill him, and punching and cracking a window.

This road rage incident could have led to personal injury or death. A Collier County Florida jury convicted Higgins of the second-degree misdemeanors of reckless driving, criminal mischief of $200 or less, and assault. A judge ordered Higgins to 210 days in jail for the combined offenses. Higgins had been known to the Broward County Courts system since he was a juvenile and has had several arrests, including aggravated assault with a deadly weapon.

Florida Road Rage Statistics and Car Truck Accidents
In 2007, Florida had the dubious distinction of being the worst state in the country for road rage. The National Highway Traffic Safety Administration (NHTSA) estimated that 12,000 Florida car crashes were caused by road rage. Nationally, NHTSA estimates that 66% of all fatal traffic accidents are caused by road rage.

A Fort Myers car accident lawyer becomes involved in personal injury or wrongful death cases where a driver may be at fault and held liable in a car truck accident. It is unknown how many Florida road rage cases never get reported or lead to arrest, court trial, and conviction, as in this case.

NHTSA makes a distinction between "aggressive driving" and "road rage," noting that road rage is a criminal offense whereas aggressive driving is a traffic offense. Road rage can begin with tailgating, passing on the right, lane changing and other erratic driving behaviors and can quickly escalate out of control. Other behaviors that can lead to road rage accidents include making hand gestures or yelling at other drivers, even making eye contact with an aggressive driver (NHTSA.gov, "Welcome to Stop Aggressive Driving").

Fort Myers man gets max in road-rage case
NaplesNews.com March 5, 2009

Florida Takes No. 1 For Road Rage Problems
WESH.com July 2, 2007

Related Web Resources
Florida Dept. of Highway Safety and Motor Vehicles: Road Rage Safety Tips

RoadRagers.com

Donte Stallworth, wide receiver for the NFL Cleveland Browns, was involved in a Miami Beach pedestrian car accident earlier this month that left a construction worker dead.

According to police reports, crane operator Mario Reyes, 59, was hurrying across MacArthur Causeway to catch a bus around 7:15 a.m. on March 14. Reyes was not in a crosswalk. MacArthur Causeway is a six-lane highway that connects Miami Beach with downtown Miami, Florida. Stallworth, who was driving his Bentley, told police he flashed his lights to warn the man, but it was too late. Stallworth's vehicle struck the Miami construction worker in the far left lane of the Causeway, and Stallworth stopped a few feet later.

A Miami Florida pedestrian accident attorney familiar with car-pedestrian crashes and wrongful death cases is qualified to help determine liability in tragic cases such as this one.

Police report that Stallworth was driving about 50 mph in a 40 mph zone. He has not been charged pending blood tests to determine if alcohol was a factor in this fatal MacArthur Causeway car pedestrian accident. Stallworth's attorney reports that his client is "grief stricken" over the fatal Miami Beach car-pedestrian accident.

Though the National Highway Traffic Safety Administration reports that car-pedestrian fatalities have declined by 40% since the 1970s thanks to road engineering improvements and public safety initiatives -- in dense urban areas, pedestrians can account for up to 25% of all traffic deaths due to the high volume of people on foot and in vehicles trying to get where they're going (NHTSA, Evaluation of the Miami-Dade Pedestrian Safety Demonstration Project, June 2008).

Police: Stallworth says warned man before impact
Yahoo! Sports -- Associated Press March 25, 2009

Stallworth hits, kills man on Miami Beach, according to officials
South Florida SunSentinel.com March 15, 2009

Related Web Resources
Wikipedia: MacArthur Causeway

Miami-Dade MPO Bicycle Pedestrian Program

NHTSA: Pedestrian Safety Portal

A Broward County Florida jury found a South Florida driver guilty of vehicular homicide on Monday in a death by dragging case that started off as a fender-bender and escalated out of control.

Abdelaziz Hamze, 25, faces up to 60 years in prison for the death of Sandy Hall, 44, a Fort Lauderdale mother of two, resulting from a June 3, 2007 Fort Lauderdale area car accident.

According to news reports, Hamze was driving a Dodge minivan that struck a vintage Cadillac in which Hall was a passenger. Hamze drove away and the Cadillac, driven by Hall's boyfriend, followed. When the Cadillac caught up with Hamze at a stop light, Hall, her boyfriend and another passenger got out of the car to confront Hamze, with Hall jumping on the minivan's windshield. Hamze drove off with Hall still clinging to the windshield wipers. Hall fell and was trapped beneath the car and was dragged several miles to her death.

Hamze then reportedly drove home, cleaned the blood off his van, switched license plates, and flew to JFK International Airport in New York where he was apprehended by authorities on a plane bound for Greece. Hamze's defense lawyers argued that he acted out of fear for his own life after Hall and her companions surrounded his van, and he was acquitted on murder charges. A Broward County Circuit Judge is scheduled to sentence Hamze on May 1.

A Fort Lauderdale Wrongful Death lawyer can help families who've suffered a loss in a fatal car crash sort out the details to determine who might be liable in the case. This Fort Lauderdale case that began as a rear-ending of a car illustrates how quickly things can go wrong and turn deadly on South Florida's roads and highways.

Broward County jury finds man guilty in dragging death trial
South Florida SunSentinel.com March 24, 2009

Related Web Resource
National Highway Traffic Safety Administration: Aggressive Driving

The Broward County Sheriff's Office and Florida Highway Patrol are stepping up efforts to curb aggressive highway driving that can lead to fatal car accidents in Plantation and Western Broward County, Florida. Law enforcement agencies are cracking down on aggressive drivers on South Florida's heavily traveled highways, interstates, and toll roads including the Sawgrass Expressway, I-75, and I-595.

Operation BAD: Blitz on Aggressive Driving is a multi-agency effort to ticket aggressive drivers in Broward County, Florida, with law enforcement from a number of communities participating, including Coral Springs, Davie, Hollywood, Lauderhill, Plantation, Sunrise, and others. Aggressive and reckless driving behaviors on South Florida's crowded highways can lead to Broward County car accidents causing personal injury or death. Unmarked vehicles as well as cruisers will be patrolling the highways and issuing tickets to offenders.

Florida Highway Patrol will be on the lookout for...

• Aggressive drivers including speeders, tailgaters, and lane changers
• Drivers and passengers not wearing seat belts
• Drivers violating Florida's "Move Over Law," which mandates that drivers approaching and passing emergency vehicles stopped on Florida's highways must slow down to 20 miles per hour under the speed limit or move over to another lane.

The need for the Move Over Law was underscored by an accident that occurred earlier this month, where Sheriff's Deputy Tony Morales was hospitalized after a motorist plowed into his cruiser, which was stopped on I-95 with its emergency lights on while Morales made a routine traffic stop. A Florida personal injury lawyer can help determine who may be liable in a Broward County highway car accident that results in injury or death.

Blitz On Aggressive Drivers Begins In Broward
CBS4.com March 16, 2009

Broward Sheriff's Office plans blitz on aggressive driving
MiamiHerald.com March 16, 2009

Related Web Resources

Florida Highway Patrol: Move Over Law

Florida Highway Patrol

According to the National Safety Council (NSC), slip trip and fall accidents are the nation's leading cause of injury-related deaths among senior citizens aged 65 and older. The NSC estimates that 13,000 elderly people perished after having a slip/fall accident and another 1.8 million ended up in a hospital emergency room after suffering a fall during 2003.

Because South Florida is such an appealing retirement and winter destination for seniors, slip and fall accidents are always of great concern. The Centers for Disease Control and Prevention (CDC) estimates that every 18 seconds, a senior citizen is brought to an emergency room after a fall and every 35 minutes, an elderly person dies as a result of personal injury sustained in a slip and fall accident. What's more, the CDC reports that over 90 % of hip fractures in the senior population result from accidental falls.

South Florida Nursing Homes and Slip Fall Accidents
When they get older and can no longer fully care for themselves, we entrust the care of our grandparents, parents, uncles and aunts to South Florida nursing homes and other elder care facilities. The National Center for Injury Prevention and Control estimates that a nursing home with one hundred beds experiences 100 to 200 falls among its elderly residents every year.

Slip trip and fall accidents among Florida elderly may sometimes be caused by their frailty and orthopedic conditions such as osteoporosis and arthritis. Nursing homes and other elder-care facilities are responsible for taking measures to prevent falls among their residents. This includes installing proper hand rails, keeping floors and hallways dry and free of obstructions, having proper lighting, and providing assistance to elderly patients who require help getting out of bed and maneuvering.

An experienced Palm Beach Florida slip trip and fall attorney helps families whose elderly loved ones have been injured in a fall determine whether a nursing home or other property owner is liable for their injuries.

Falls in Nursing Homes: Facts
National Center for Injury Prevention and Control June 10, 2008

Related Web Resources

NSC.org: Falls in the Home and Community

CDC.gov: Preventing Falls Among Older Adults

A trial date has been set for the driver involved in a 2007 fatal North Fort Myers car crash that took the life of an Iraq War veteran. Ashley East, 26, of Fort Myers Florida, faces 10 charges in connection with a Dec. 8, 2007 car crash on Hancock Bridge Parkway that killed Army Staff Sergeant Danny Beougher.

Charges against Ms. East include DUI manslaughter and leaving the scene of an accident causing death. Staff Sgt Beougher had been visiting his family over the holidays and was driving west on Hancock Bridge Parkway with his wife, when his Jeep Grand Cherokee was hit by a Ford F350 driven by Ms. East that had crossed the meridian. Staff Sgt Beougher was killed and his wife sustained critical injuries.

A Fort Myers Florida car accident attorney assists the families of people who have been killed in DUI auto accidents in South Florida.

Florida Alcohol Impaired Driving Statistics
Alcohol-impaired driving is the cause of nearly one-third of all fatal traffic accidents in the United States. Some statistics from the National Highway Traffic Safety Administration (NHTSA)*:

• Fatal motor vehicle crashes where alcohol-impaired driving was a factor amounted to 12,998 people killed in the U.S. in 2007.
• The 12,998 deaths add up to one person killed on the road every 40 mins. due to drunk driving.
• Total traffic fatalities in Florida for 2007 amounted to 3,214 deaths. Of those fatal Florida car accidents, over one-third of the drivers had alcohol in their systems.
• According to NHTSA data, drivers with a blood alcohol concentration (BAC) level above the legal limit of .08 or higher, who were involved in fatal accidents, are 8 times more likely to have had a prior arrest for driving under the influence than drivers with no alcohol.

*NHTSA Traffic Safety Facts: 2007 Data: Alcohol-Impaired Driving

Trial date set for North Fort Myers DUI death
NewsPress.com March 10, 2009

Related Web Resources

NHTSA 2007 Traffic Safety Fact Sheets

The DUI Foundation

The Broward Sheriff's Office is investigating a fatal Ft Lauderdale car / bike accident that took the life of Leon Hamer of Coral Springs, Florida -- a husband, father of two girls, and physician assistant.

The fatal Broward County car crash happened in the early hours Saturday morning as Hamer, 63, and two friends were winding down a 25-mile cycling trip. A Mercedes driven by Raj Motwani, 34, of Fort Lauderdale Florida struck Hamer at Glades Parkway and State Rd 84 in Weston. No charges have been filed against the Fort Lauderdale driver though the investigation continues.

Florida and Fatal Car Bike Traffic Crashes
The year-round sunny climate in South Florida makes bicycling for all ages very appealing. Unfortunately, in 2007, Florida led the nation in fatal accidents between cars and bicyclists (119 killed), followed closely by California (109 fatalities). According to the National Highway Traffic Safety Administration publication, NHTSA Traffic Safety Facts 2007: Bicyclists and Other Cyclists...

• Some 44,000 bicyclists suffered injuries and 698 bicyclists were killed in motor vehicle accidents in 2007. (NHTSA defines bicycle riders as "pedacyclists" who ride "two wheel non motorized vehicles" as well as tricycles and unicycles, to differentiate them from motorcycle riders.)
• The average age of pedacyclists killed in car accidents in the U.S. is 40 years old.
• In Florida, 119 pedacyclists were killed in car crashes in 2007.
• In the U.S., some 52,000 pedacylists have been killed in traffic accidents since fatality estimates were first recorded in 1932.

A family spokesperson told CBS4 News that Mr. Hamer was a seasoned cyclist who took safety precautions, including wearing bright clothing, and they don't understand how he was hit. A Fort Lauderdale car accident lawyer looks at all aspects of an accident when a motor vehicle strikes a pedestrian or bicyclist, to help determine liability in a personal injury or wrongful death case.

Bicyclist Hit And Killed In Early-Morning Crash
CBS4.com March 8, 2009

Related Web Resources

Federal Highway Safety Administration: Pedestrian & Bicycle Safety

Broward Sheriff's Office

The Wall Street Journal reported that the U.S. Consumer Product Safety Commission has launched a federal investigation of potentially hazardous drywall from China used in South Florida construction projects. Though no South Florida construction accidents have been linked to the products, the investigation is focusing on whether sulfuric gases emitted by the drywall can corrode electrical wiring and pose a safety hazard.

An experienced Fort Myers Florida product liability lawyer can assist workers, homeowners, and others who think they may have suffered personal injury or exposure to hazardous toxins due to faulty building materials.

More than 90 complaints are being followed by the Florida Department of Health related to the high-sulfur Chinese drywall used in homebuilding projects--15 of which are believed to be in South Florida. According to the Wall Street Journal, Lennar Homes of Miami, which used the Chinese drywall in some of their homes, is suing Chinese manufacturers after homeowners complained of noxious odors. Homebuilders in Palm Beach County and Homestead Florida also report they are aware of the problem.

U.S. Senator Bill Nelson of Florida, the politician who advocated for tougher regulations for Chinese-made toys, is behind this investigation. The National Law Journal reports that a Fort Myers Florida couple who wanted to file a lawsuit delayed court action after the manufacturer offered to inspect their property. However several class action lawsuits against builders and manufacturers of the Chinese drywall are in process.

WSJ: Feds launch probe on Chinese drywall
South Florida Business Journal Feb. 20, 2009

Fla. Couple Delays Suit After Drywall Manufacturer Offers Inspection
The National Law Journal March 4, 2009

Related Web Resources

Florida Department of Health

U.S. Senator Bill Nelson of Florida