Florida Accident Attorney Blog

Authorities including the Florida Highway Patrol and the Lee County Sheriff's Office are investigating a fatal Fort Myers car accident involving an unmarked police car en route to join cruisers in pursuit of two burglary suspects.

The fatal crash occurred in the afternoon of July 23 near the intersection of Palm Beach Boulevard and Buena Vista Blvd in Fort Myers, Florida. A deputy driving an unmarked sheriff's SUV crashed into a civilian motorist, killing the male driver of the car. According to news reports, several police cars, a helicopter, and a K-9 unit were involved in the pursuit of two men suspected of breaking into a Lehigh Acres home. The suspects were apprehended on foot.

High-Speed Police Chase Accidents and Fatalities
The topic of police chase policies and law enforcement liability is controversial in Florida and around the country: Innocent civilian drivers or pedestrians may suffer personal injury or death if caught in the middle of police vehicles pursuing fleeing criminal suspects at high rates of speed. Police officers can also suffer injuries or die as a result of car accidents caused by high-speed pursuits. Traffic safety advocates estimate that hundreds of people are killed and thousands injured every year in such accidents -- igniting national conversation about banning high-speed police chases.

A Florida car accident attorney sometimes gets involved in cases where families believe that their members have suffered personal injury or loss of life due to the reckless or negligent driving of another party.

Police departments in Florida and around the country are challenged to set policies for police chase guidelines that both preserve traffic safety and give officers the discretion to pursue criminal suspects who are fleeing in motor vehicles -- who also pose a potential threat to other motorists, police, and civilians. Some law enforcement departments use other techniques to stop suspects fleeing in cars, trucks, or vans -- such as tire deflating devices, roadblocks, surrounding the suspect's vehicle, or using their own police vehicles to bump and disable the suspect's car.

Deputy involved in fatal crash while trying to catch suspected burglars
WINK News Jul 23, 2009

Witness to fatal, deputy involved accident: "You don't know what this is doing to me right now."
WINK News Jul 24, 2009

Related Web Resources

Kristie's Law: A California measure to address safety standards to minimize the risk relating to police vehicular pursuits for the public and peace officers

Florida Highway Patrol

Lee County Florida Sheriff's Office

Florida pediatrician Howard Engle ran a successful medical practice for decades in Miami Beach. He was also a lifelong smoker who reportedly tried to quit multiple times. Lawyers determined that his trying and failing to kick the habit made him a good candidate to lead a class-action lawsuit.

As the lead plaintiff in what become known as the "sick smokers of Florida" lawsuit, Dr. Engle made history in 2000 when a Miami jury awarded $145 billion in punitive damages against the tobacco companies. Engle died July 22 in his Miami Beach home at age 89 from smoking-related respiratory ailments, according to news reports. He was finally able to quit last fall and had been receiving hospice care, his family stated.

Engle's class-action claim against the tobacco companies made legal history due to the size of the multi-billion-dollar award. The verdict was later overturned and made null by the Florida Supreme Court, which determined the award to be excessive and ruled that thousands of smokers covered by the case must prove their damages on an individual basis. Those personal injury cases are currently being tried across the state of Florida.

An experienced Florida injury attorney may be consulted by individuals and families who believe they have suffered medical problems or lost a family member due to product liability or defective products. The Centers for Disease Control and Prevention (CDC) reports that about 443,000 deaths in the U.S. every year are linked to smoking-related diseases.

For years cigarettes have been the focus of product liability complaints and lawsuits, including people seeking damages for ailments caused by second-hand smoke. Other cigarette lawsuits are in progress in U.S. and Canadian courts -- in some cases attempting to hold tobacco companies accountable for "inappropriate marketing" that misleads consumers about the risks. Dr. Engle reportedly told the press that he started smoking as a medical student to mask the smell of the cadavers they used to learn anatomy. He also stated that as a young man in the 1940s, he received cigarettes from representatives of major tobacco companies handing out free samples on the streets.

Howard Engle, who led historic class-action tobacco lawsuit in Miami, dies at 89
SunSentinel.com July 26, 2009

Howard Engle dies at 89; lifelong smoker filed landmark suit against tobacco companies
Los Angeles Times, July 25, 2009

Related Web Resource

CDC: Office on Smoking and Health

Authorities are investigating the cause of death of a man whose body was found floating off the beach at Fort Myers, Florida, last Tuesday.

Fort Myers Beach Fire Rescue received a call for help late in the afternoon when the body of a man was spotted floating about 200 yards from shore along a sandbar, near the Estero Beach Club Condominiums. EMS workers swam out to the victim, who had already died by the time they arrived. A medical examiner was looking into the cause of death to see if this was actually a death by drowning.

Florida Fish and Wildlife Conservation Commission will continue the investigation if the death was due to a boating accident. Otherwise, the investigation will move forward with the Lee County Sheriff’s Office. The victim's name had not been released.

Drowning Fatalities and Statistics
According to the U.S. Centers for Disease Control and Prevention (CDC)...

• An average of 10 people in the U.S. die each day due to drowning.
• For the year 2005, fatal unintentional drownings accounted for 3,582 deaths. This includes drownings in fatal swimming pool accidents.
• Boating accidents accounted for another 710 deaths due to drowning and other causes.
• For children aged 1 to 14, fatal drowning is the number-two cause of unintentional injury-related death.
• The chance of drowning while engaging in water recreation in a natural setting, such as in a lake, pond, or the ocean, increases with age. For people over age 15, most drownings occur in natural water settings.

A Florida accidental drowning lawyer may be contacted by families who have lost a loved one in a swimming pool, boating, or other water-recreation accident -- including parasailing accidents -- to help sort out the details of who might be held liable. On Memorial Day, the Red Cross released a report revealing that nearly 50 percent of people surveyed said they had experienced a drowning scare in their lifetime.

Investigation continues into possible drowning at Fort Myers Beach
News-Press.com July 22, 2009

CDC: Water-Related Injuries: Fact Sheet

Related Web Resources

American Red Cross Water Safety Poll

Florida Fish and Wildlife Conservation Commission

Suite101.com: Ocean Swimming Safety Tips

The Broward-Palm Beach New Times ran an article earlier this week describing what can happen when young drivers prone to exceed the speed limit meet slow-driving tourists on Palm Beach County and other South Florida roadways.

A fatal car crash occurred on Military Trail in Jupiter, Florida, in March '08. A Honda driven by a male, age 17 -- who had received several Florida traffic violation citations prior -- collided with the Pontiac of an elderly couple from Michigan, forcing it off the road and into a tree. The wife in the Pontiac was killed and the husband was hospitalized. The youth driver allegedly responsible for the fatal accident goes on trial in Palm Beach County Circuit Court in November for vehicular homicide. Police say the teen driver was going too fast.

Another deadly Florida traffic accident involving speeding and unfortunate tourists occurred in February in Fort Lauderdale, when two British tourists were killed in a car-pedestrian accident by a Florida man driving his friend's Porsche. (See previous blog entry on Lawsuit Filed in Fatal Fort Lauderdale Hit and Run Pedestrian Accident.)

Fatal Florida Car Accidents and Teen Drivers
A study conducted by the AAA revealed that Florida's teen drivers are among the worst, with the third worst crash record in the country. Traffic accidents remain the number-one cause of death for teens, though teen drivers are not at the greatest risk of dying when involved in car accidents -- it's their passengers and other drivers who are more likely to die when they crash. The AAA reported that for every single teen driver killed in an auto accident -- two other people are killed.

A Florida car accident lawyer may be called in to fatal traffic accident cases to help determine liability, if another driver's reckless or impaired driving may be to blame. Educating and monitoring teen drivers remains a challenge for parents, auto-school instructors, and law enforcement officials.

When Fast and Furious Locals Meet Slo-Mo Tourists, Consequences Are Deadly
Broward-Palm Beach New Times Blogs July 20, 2009

Driver in crash that killed arts supporter Wondergem charged with vehicular homicide
The Grand Rapids Press May 05, 2008

Related Web Resources

Street Racing Guide for Police

AAA Report: Teen Crashes - Everyone Is at Risk

The National Highway Traffic Safety Administration (NHTSA), Office of Defects Investigation, announced that the following defective tire recalls will begin in July:

• Bridgestone Americas Tire Operations (BATO) is recalling 127,183 Firestone FR380 tires, size P235/75R15, made between Sept. 9, 2007 -- July 2, 2008. The problem identified is "insufficient tread base guage," which could lead to vibration, tread cracking and separation, and loss of vehicle control, which in turn could cause Florida traffic accidents. The company will replace owners' tires free of charge.
• Kumho Tire USA is recalling 36,292 Kumho Mohave A/T light truck all terrain tires, sizes LT225/75R16, LT245/75R16, and LT265/75R16, made from Dec. 7, 2008 -- June 13, 2009. The problem relates to how the tires handle on the roadway -- under heavy loads the tires may cause swaying which can lead to motor vehicle crashes.

A Florida product liability lawyer keeps current on faulty tire recalls and other product recalls, in addition to the laws in place to keep consumers safe in their homes and while driving their cars.

Defective tires have led to personal injury and death on Florida's roads and highways, and across the USA. In 2000, Firestone was the subject of the largest national tire recall in U.S. history: 13 million tires were removed from Ford Explorers due to tread separation that caused rollovers and other fatal car SUV and truck accidents. Firestone Wilderness AT tires were the focus of the problem. Though these faulty tires were recalled, safety advocates remain concerned that older defective tires may still be used in some vehicles, possibly as spare tires.

SaferCar.gov: SAFETY DEFECT/NONCOMPLIANCE NOTICES RECEIVED DURING JUNE 2009

Firestone Tire Recall, Eight Years Later
CBS4.com May 8, 2008

Related Web Resources

NHTSA: Monthly Recall Reports

Firestone Tire homepage

Kumho Tires homepage

A Palm Beach County traffic accident that occurred late last month left two road construction workers dead and a third hospitalized.

The fatal Florida car crash occurred on June 26 in Jupiter on Alternate A1A when a woman motorist, age 43, drove her Toyota Solara into a construction crew working on road resurfacing in the north bound lanes between Frederick Small Rd and Toney Penna Dr. Two workers died and a third was taken to Jupiter Medical Center. Jupiter Police are investigating this accident. News reports stated that a blood sample was taken from the driver, who has a history of speeding incidents. The driver of the Solara also struck a Toyota Camry, whose driver was not injured.

This Palm Beach County accident underscores the risks involved to highway construction workers and emergency officials who perform their jobs in such close proximity to oncoming traffic. A similar South Florida accident occurred the previous week when a motorist slammed a car into a truck being worked on by a highway worker, pinning the worker and causing personal injury.

A Palm Beach injury lawyer may be called on by families to help sort out the details of highway traffic accidents resulting in injury or fatality to determine whether a motorist driving recklessly or under the influence may be held liable.

Construction accidents on highways involving motor vehicles and workers on the road can be prevented. Laws are in place governing speeding in construction zones. In addition, motorists are required to slow down and if possible, change lanes as they are approaching vehicles stopped in the breakdown lane. The State of Florida instituted the Florida Move Over Act in 2002 to protect law enforcement officers and emergency workers stopped on the side of the highways.

Car hits road crew, killing two in Jupiter, police say
Sun-Sentinel.com June 26, 2009

Crash kills 2 road workers
MiamiHerald.com June 27, 2009

Experts: Drivers to be more careful around construction workers
WPTV.com June 27, 2009

Related Web Resources

Florida DHSMV: Move Over, It's the Law

Florida DOT: Traffic Warnings and Updates
(Includes searchable databases of Florida Highway construction projects)

A Fort Myers, Florida traffic accident has left one woman dead and a garbage truck driver facing charges.

The fatal Fort Myers car truck crash took place on Monday June 29 at the intersection of Summerlin Rd and Colonial Blvd. According to police reports, the garbage truck was traveling east on Colonial Boulevard going too fast for wet road conditions, when the driver lost control. The waste management truck sideswiped two vehicles before crashing and flipping onto a Toyota 4Runner, killing its 56-year-old Cape Coral woman driver.

Witnesses attempted to assist the SUV driver, but damage in the accident was too severe. There were no other personal injuries in this South Florida commercial truck accident. Charges are pending against the 29-year-old garbage truck driver, a man from Lehigh Acres, Florida. Fort Myers Police cited the truck driver for driving too fast for wet road conditions.

An experienced Fort Myers accident lawyer who is familiar with commercial truck laws and traffic regulations may assist families in cases where a motorist is injured or killed in a truck accident.

Unfortunately, garbage truck accidents involving other cars, bicycles, or pedestrians, resulting in personal injury and death, are not uncommon. A random search on Google news reveals multiple garbage truck accidents in the United States for late June/early July -- many involving fatalities. The Federal Motor Carrier Safety Administration (FMCSA) reports that for large truck crashes in 2005, garbage trucks/refuse trucks were involved in 116 fatal accidents or 2.4% of all accidents involving large trucks, as well as 1,681 injury crashes (see link to chart below).

Garbage truck driver cited in fatal Fort Myers crash
News-Press.com June 30, 2009

Garbage Truck Driver Charged in Fatal Wreck
Wink News June 30, 2009

Related Web Resources

Google News Search: Garbage Truck Accidents

FMCSA: Large Trucks in Crashes by Cargo Body Type

The NFL has suspended Cleveland Browns wide receiver Donte Stallworth indefinitely following his conviction on DUI manslaughter charges last month. Stallworth was behind the wheel in a Miami Beach drunk driving accident that occurred in March, fatally striking a construction worker who was crossing MacArthur Causeway to catch a bus.

Stallworth, whom police determined was driving under the influence of alcohol after being out nightclubbing, claimed he tried to warn the victim before the fatal DUI pedestrian car accident occurred.

A Miami Dade Circuit Judge sentenced Stallworth to 30 days in jail and two years of house arrest. He will also be on probation for 8 years, during which time he must complete 1000 hours of community service and donate $2,500 apiece to Mothers Against Drunk Drivers (MADD) and to Parents of Murdered Children. In addition, his sentence states that he will lose his driving privileges for life.

Florida pedestrian accident lawyers counsel families when someone close to them has been killed or suffered personal injury in a pedestrian-car accident. As part of Stallworth's sentencing, he will also be required to reimburse the Miami Beach and Miami Dade Police Departments for their expenses as well as court expenses.

Stallworth suspended indefinitely after DUI manslaughter conviction
MiamiHerald.com June 18, 2009

Donte' Stallworth gets 1 month in jail, 2 years house arrest in DUI death
MiamiHerald.com June 16, 2009

Related Web Resources

NFL Columnist: Stallworth's situation can offer league path to help educate players

PEDSAFE Crash Statistics