Florida Accident Attorney Blog

The family of one of two British businessmen killed in a Fort Lauderdale, Florida car pedestrian accident has filed a lawsuit against the owner of the Porsche involved and his companion.

On February 13, British tourists Craig Elford, 39, and Kenneth Watkinson, 48, were walking back to their Fort Lauderdale beach hotel along State Road A1A when both men were struck and killed by a Porsche owned by Ryan LeVin, 34. LeVin, the son of a wealthy Chicago-area family, claimed his friend Derek Cook was driving the car as the two went from bar to bar. The wife of Elford has filed a civil lawsuit in South Florida against both LeVin and Cook. The lawsuit alleges that both men were driving under the influence and that drag racing may have been involved shortly before the fatal crash.

LeVin is in jail in Illinois for violating his probation stemming from a 2006 Chicago car chase. The Chicago Tribune describes LeVin as a "playboy" living off his parents' wealth and driving a $120K turbo sports car, and as someone who has had trouble with the law prior to this fatal Fort Lauderdale car pedestrian crash. The South Florida Sun Sentinel reported that the Fort Lauderdale Police declined comment when asked about the case.

A Florida pedestrian accident lawyer helps families pursue compensation and damages from responsible parties when a relative is injured or dies as the result of a car-pedestrian accident.

Pedestrian - Car Accident Fatalities in the U.S.
The U.S. Department of Transportation, Federal Highway Administration, reported that 4,749 pedestrians were killed in motor vehicle accidents in 2003, with an estimated 70,000 pedestrians injured or killed. Speeding and alcohol are a factor in many of these cases. A pedestrian's chances of dying when struck by a car increase as speed increases: A pedestrian struck by a car going 20 mph has a 5% chance of dying; at 30 mph the death rate goes up to 45%; and if hit by a car going 40 mph, the pedestrian has an 85% chance of dying. (Source: PEDSAFE Crash Statistics)

Family of British businessman killed in Fort Lauderdale hit-run files suit
SunSentinel.com April 29, 2009

Florida hit-run: Ryan LeVin is sued in fatal hit-run involving his Porsche
Chicago Tribune April 29, 2009

Related Web Resources

Florida Dept. of Transportation: Traffic laws for pedestrians and drivers to know

Fort Lauderdale Police Department

A 20-year-old North Fort Myers motorcycle operator and his 18-year-old passenger sustained serious injuries on Sunday when a car crossed their path in Cape Coral, Florida.

According to Cape Coral police, Brett Michael Barnard was driving his motorcycle when a car drove in front of him at Pine Island Road and Andalusia Boulevard. Both Barnard and an unnamed passenger were ejected from the motorcycle and suffered serious personal injuries. Both were wearing helmets. No further details about this Florida motorcycle crash were available pending an investigation.

Florida Motorcycle Accident Statistics and Fatalities
The National Highway Traffic Safety Administration (NHTSA) reports that...

• Florida motorcycle accident deaths are on the rise: 566 in 2007 compared to 365 in 2003.


• Of Florida's 566 motorcycle-related deaths for that year, 273 were wearing helmets, 265 were not wearing helmets, and 28 deaths were classified as "unknown" helmet usage.


• Florida law states that motorcyclists over age 21 are not required to wear helmets, though there is a medical insurance minimum of $10,000 required (American Motorcyclist Association).

When a serious motorcycle-car accident occurs, a Fort Myers motorcycle accident lawyer may be asked to get involved to help the family of an injured biker sort out the details of the crash, and determine who may be liable for personal injuries or death. Motorcyclists and their passengers are at risk on Florida's highways and streets, in part because they are physically more exposed to other traffic and surroundings. Motorcycles require more distance to brake and stop--which car and truck drivers sometimes fail to realize.

North Fort Myers man, 20, seriously hurt in motorcycle crash
NewsPress.com April 26, 2009

American Motorcyclist Association:
Florida State Motorcycle Laws (scroll down the page)

Related Web Resources

NHTSA: Motorcycle Safety Awareness Planner

Florida Dept. of Highway Safety & Motor Vehicles:
Florida Rider Training Program

A spokesperson for an Ocala, Florida pharmacy has stepped forward to say that a supplemental medication it prepared for the Venezuelan Lechuza polo team's horses may have been incorrectly mixed. Last weekend, 21 polo horses died while preparing for the championship polo matches in Wellington, Florida, leading some in the equestrian community to speculate whether the horses had been poisoned.

The Associated Press reports that a statement made by Jennifer Beckett of Franck's Pharmacy in Ocala said that "the strength of an ingredient in the medication was incorrect." The pharmacy, which came forward after conducting its own internal investigation, and the Lechuza polo team are cooperating with investigating officials. The Palm Beach County Sheriff's Office, the Florida Department of Agriculture and Consumer Services, and the U.S. Food and Drug Administration (FDA) are investigating.

Questions remain as to the ingredients used in the compound and whether the mixture was approved for use in the United States. The AP reports that the pharmacy mixed the prescription--written by a Florida veterinarian--to create a compound similar to a French-made mineral and vitamins supplement called Biodyl, which is used to treat horses for exhaustion. Many of the horses who died last Sunday expired within hours of being given the compound. The U.S. has not approved the use of Biodyl, and it is unclear whether issues of product liability will be relevant to this case.

It is also unclear whether any medical or pharmaceutical negligence occurred in the preparation of the medication given to the horses, nor whether any medication error lawsuits will be filed. The sudden deaths of these beautiful animals demonstrates what can happen when medication errors occur. Unfortunately, medication errors occur all too frequently. A Florida prescription error attorney represents families who believe they or a loved one may have suffered personal injury or perished due to medication errors.

The U.S. Polo Association website states that the Lechuza Caracas team has withdrawn from the U.S. Open Polo Championships. Equestrian sporting events bring commerce, tourists, and media attention to Wellington and Palm Beach County, Florida.

AP Newsbreak: Pharmacy made mistake in horse drug
Yahoo! News, Associated Press April 23, 2009

Ocala pharmacy says it incorrectly prepared medication for 21 polo horses that died
SunSentinel.com April 23, 2009

Related Web Resources

United States Polo Association

Palm Beach County Sheriff's Office

Florida Department of Agriculture and Consumer Services

U.S. Food and Drug Administration (FDA)

Florida Governor Charlie Crist is at the forefront of a federal investigation into imported Chinese drywall suspected of causing damage to Florida homes and posing potential health risks. The Chinese drywall, which investigations could prove to be a toxic defective building product, may have been used in the construction of many thousands of Sunshine State homes.

The Associated Press reported that months ago, families in West Palm Beach and other South Florida communities began noticing noxious odors in their homes and problems with wiring and other systems. Investigations revealed problems inside the walls of the Florida homes, suggesting that the drywall, imported from China, may be emitting sulfuric gases -- causing pipes and wiring to corrode, blackening silverware, damaging air conditioners, and posing possible health hazards.

According to news reports, estimates of as many as 35,000 homes in Florida may contain the faulty Chinese drywall and up to 100,000 homes in the United States. Lawsuits holding manufacturers, builders, and suppliers liable have been filed in Florida as well as Alabama, Louisiana, and Mississippi. The Florida Dept. of Health has logged hundreds of complaints related to the drywall. It is unknown whether builders working with the Chinese drywall have been exposed to any construction work related health hazards.

Florida's surgeon general along with the U.S. Consumer Product Safety Commission, the CDC and the EPA are involved in the investigation. A South Florida personal injury lawyer who is versed in state liability laws helps families who suspect their health may have been compromised by toxic products determine if a third party can be held liable. Legislators are being urged to ban the import of Chinese-made construction products until federal investigators can learn more about their makeup and safety.

Fla. to test air in homes with Chinese drywall
Yahoo! News, Associated Press April 18, 2009

Crist asks EPA, CDC for help with Chinese drywall
BayNews9.com April 4, 2009

Related Web Resources

Florida Dept. of Health: Imported Drywall

Florida Gov. Charlie Crist Letters to Congressman Wexler and EPA

The South Florida Sun-Sentinel reports that pain management clinics in Fort Lauderdale and Broward and Palm Beach Counties are under scrutiny for potential illegal activity surrounding distribution of prescription pain medications.

The report states that 130 pain clinics are in operation in South Florida -- 70 of which have opened in Broward County and Palm Beach County since January 2008. Of those 70, the report found that 48 clinics are owned by investors and not physicians. Police are stepping up efforts to examine activities at some clinics, which are under suspicion for taking part in the illegal sale of OxyContin and other painkillers as street drugs.

Doctors are pushing for a bill that would enable the state of Florida with more power to regulate investor-operated pain management clinics. The Sun-Sentinel reports that some pain clinics are offering gift cards and cash rewards for patients who refer other patients to the clinics.

A Florida personal injury attorney assists families in cases where an overprescription of drugs leads to physical injury, brain damage or wrongful death. In this case, the Sun-Sentinel learned that of the physicians staffing these pain management clinics under scrutiny, 14 had been disciplined for overprescribing drugs. The report also stated that more than 4,000 Floridians died from prescription drug overdoses in 2008 -- up 20 percent from 2007. Of the top 50 U.S. clinics known for dispensing OxyContin, are all in Florida -- with Broward County hosting 33 of them.

Nursing Home Medication Errors
Seniors who are trying to manage chronic pain due to arthritis and a host of other conditions are vulnerable to being given the wrong medication or too much medication, causing an estimated 800,000 "adverse drug reactions" every year. (Gurwitz, et al., Incidence and preventability of adverse drug events in nursing homes, The American Journal of Medicine, Aug. 1, 2000.) Nursing home medication errors is a concern for families who've placed their parents or grandparents in a long-term care facility and depend on nursing home staff to dispense medications and keep their loved ones safe.

South Florida pain centers that promote pill trade face scrutiny
SunSentinel.com April 7, 2009

Related Web Resource

AARP:Your Guide to Choosing a Long-Acting Opioid Analgesic for Chronic Pain

Florida Highway Patrol reports that two Broward County, Florida, teenagers were killed while en route to Tampa to pick up some friends. On the evening of April 8, Jessi McNab (Coral Springs) and James Moffat (Parkland), both age 17, were in an older-model Mercury owned by McNab when the car crashed into a fence and overturned on a northbound ramp to interstate 95 in Naples. It was unclear who was driving in this fatal South Florida I-95 car crash.

Both teens were airlifted to Lee Memorial Hospital in Fort Myers and died of their injuries. Neither were wearing seat belts. Moffat and McNab had both been cited in prior traffic incidents -- Moffat in an accident without injuries in Oakland Park in March and McNab for failure to obey a traffic sign in Coral Springs in February. The fatal accident remains under investigation by Florida Highway Patrol.

Teen Drivers and Traffic Fatalities
Broward County car accident lawyers are all-too aware of the risks and dangers associated with South Florida teens and driving. The AAA recently released a report on the hazards of teen driving. According to the report,

• Drivers ages 15 to 17 were involved in car crashes that caused the deaths of 28,138 people in the United States between 1998 and 2007.
• In fatal car crashes over the 10-year study period, 37 percent of fatalities were the teenaged drivers themselves -- with 10,388 teenage drivers losing their lives in traffic accidents.
• For every teen driver killed in a car crash -- nearly two other people are killed as well. Two-thirds of people killed in fatal teen-driving accidents are passengers of the teen drivers, pedestrians, cyclists, and other people on the road.

Teens are full of youthful energy and don't have the sense of judgment on the road that adults develop over time. This combination of fearlessness and lack of driving experience can turn deadly behind the wheel -- particularly if there are multiple teens in the car and too many distractions. The Florida Sheriff's Association Teen Driver Challenge training program is a course that helps teens learn the rules of the road and how to drive safely.

Friends, families mourn two Broward County teens killed in crash in Naples
SunSentinel.com April 11, 2009

AAA Report: Teen Crashes -- Everyone Is at Risk

Florida Department of Highway Safety and Motor Vehicles:
Teen Driving Safety Tips

Related Web Resources

AAA Foundation for Traffic Safety

Broward Sheriff's Office

A tractor trailer truck accident on I-75 has claimed the life of a South Florida construction worker.

The incident occurred around 3:20 a.m. on April 3 in Fort Myers Florida on Interstate 75 southbound where the iROX road expansion project is underway. According to news reports, construction worker Ruben Garcia-Serrano, 36, of Orlando, who worked for Leware Construction Company, stepped into the path of a semi truck around mile marker 135. Garcia-Serrano was struck and killed.

The Florida Highway Patrol reports that no charges will be filed against the driver of the commercial truck involved in this construction worker fatality.

In cases where a construction worker death may have been caused by negligence, a Florida construction accident lawyer helps the family who has suffered a loss navigate the insurance and legal systems.

Florida Construction Accidents
OSHA reports that the most common causes of construction accidents in Florida and the U.S. are falls from roofs, scaffolding platforms, and cranes. An iROX spokesperson told NBC2 News that this incident where a highway construction worker was hit and killed by a semi truck appears to be "a freak accident." This is the first fatal accident to occur in the iROX Road Expansion Project, which has been ongoing for roughly a year and a half.

iROX worker killed on I-75
NBC2 News Online April 3, 2009

Related Web Resources

iROX I-75 Road Expansion Project

South Florida Traffic Fatalities Map

NFL Cleveland Browns wide receiver Donte Stallworth has been charged with DUI in a March 14 car accident where a Florida pedestrian was killed. Stallworth was driving his Bentley on MacArthur Causeway in Miami Beach around 7:15 a.m. when he struck and killed Mario Reyes, 59, an overnight construction crane operator who was walking to catch a bus.

According to Miami Herald news reports, Reyes was not crossing the six-lane causeway in a crosswalk. Stallworth pulled around a stopped car to beat a red light when he struck Reyes, who died from his injuries. Toxicology reports showed that Stallworth's blood alcohol level tested at .126 -- Florida's legal blood alcohol concentration limit is .08.

Stallworth is charged with a felony that carries a minimum of 4 years behind bars with a maximum of 15 years in prison. He was released on $200,000 bail under the conditions that he is not allowed to drive and he must adhere to a curfew of midnight to 6 a.m. His arraignment takes place April 23 for this MacArthur Causeway auto pedestrian accident.

Florida Traffic Laws for Pedestrians and Drivers
Florida has specific laws designed to protect pedestrians and drivers. According to the Florida Dept. of Transportation, if a pedestrian is not using a crosswalk, then they "...must cross at right angles to the edge of the roadway, or by the shortest route to the opposite side." (See link to law summaries on the Fla. DOT website, below.)

Traffic deaths in Florida where alcohol was a factor amounted to 1,239 fatalities in 2005 (State of Florida, Highway Safety Plan, FY06). A Florida car-pedestrian accident lawyer familiar with state DUI laws as well as laws governing traffic and pedestrian crossings represents families who've suffered a loss or injuries where someone on foot was injured or killed by a motor vehicle.

NFL's Donte' Stallworth bonds out in DUI manslaughter charge
MiamiHerald.com April 3, 2009

Stallworth appears in court on DUI case, released on bail
MiamiHerald.com April 2, 2009

Related Web Resources
Cleveland Browns Statement on Stallworth

Florida Dept. of Transportation: Traffic Laws for Pedestrians and Drivers