Florida Accident Attorney Blog

The Florida Highway Patrol (FHP) blamed heavy rains and slick pavement for multiple motor vehicle crashes and pile-ups that occurred along Florida Interstate 75 on Saturday night.

According to news reports, the following car, SUV, and truck accidents took place:

--A female motorist, who saw an SUV slide off the road and go into the brush, pulled over and got out of her car to help during a heavy downpour. As she dialed 911 for emergency assistance, three vehicles collided behind her vehicle and a truck ran into the meridian. Two motorists, one from Cape Coral and another from Fort Myers, Florida suffered minor injuries. This accident occurred near Palm Beach Boulevard on I-75.

--The Lee County Sheriff's office reported that a truck driver was hospitalized in critical condition following a single-vehicle accident. The driver was ejected from his vehicle, which landed upside down and damaged a bridge on SR 31 south of Bayshore Road.

Fort Myers, FL car accident lawyers may be consulted in cases where personal injury or fatality occurs due to reckless and/or impaired driving, driver negligence, or equipment failure. The FHP stated that the I-75 accidents that occurred Saturday night were due to poor driving conditions and drivers more likely "not paying attention" rather than speeding.

At press time, there were no traffic fatalities resulting from these Sat. night accidents. Heavy rain, slick road conditions, and poor visibility are not to be underestimated as driving hazards. Highway pile-up accidents can cause multiple deaths and injuries when motorists come upon existing accidents and are unable to safely stop, and they become part of the accident scene themselves.

Wrecks Litter I-75 in the Rain
News-Press.com, Sept. 27, 2009

Related Web Resources

Florida Dept. of Highway Safety

Florida Highway Patrol

The U.S. Dept. of Labor, Bureau of Labor Statistics (BLS) reported that the national rates of fatal work injuries are down, including in Florida. Preliminary data released for The National Census of Fatal Occupational Injuries showed that 5,071 work injury fatalities were reported in the United States in 2008 -- down from 5,657 work deaths reported in 2007.

Florida work related deaths declined from 363 in 2007 to 290 in 2008. Of those deaths,

107 were due to transportation accidents
56 were caused by assaults and violent acts
41 resulted from "contact with objects and equipment"
Fall accidents caused 39 deaths
Exposure to harmful substances or environments caused 38 workers to perish
6 workers died in fires or explosions

Nationally, construction accidents causing death declined by 20 percent, in the private construction sector, and fatal falls were down. However rates of workplace suicides rose by 28% (though workplace homicides decreased), and fatal workplace injuries in the forestry, farming, and fishing industries also saw an increase. The BLS will release the final statistics in April 2010.

The National Census of Fatal Occupational Injuries in 2008 (PDF file)
U.S. Department of Labor, Bureau of Labor Statistics, Aug. 20, 2009

Related Web Resources

Census of Fatal Occupational Injuries (CFOI): Current and Revised Data

Florida Safety Council: OSHA Training

Florida Atlantic University: Institute for Design and Construction: Safety Science

Anyone who's experienced a flat tire on Florida's roads and highways knows how important it is to have a good spare. But is that full-size spare tire that's been stored in the back of your car, truck, or SUV, unused for years, really safe? Your spare may look new, as it's never hit the pavement. But there's a potential danger that many Florida drivers are unaware of -- one that can cause serious and even fatal car accidents.

Aged Tires and Tire Blowout Accidents
Tires that look brand new may actually have been manufactured many years ago. "Every tire has a code and is stamped with the exact week and year in which the tire was made," said Attorney Jason Chalik in an interview conducted at the University of Miami. "The average consumer doesn't know that." To learn more about how to find the tire manufacturer date code on your tires, visit our Tire Date Coding and Safety webpage.

As experienced Florida tire product liability lawyers, the Chaliks have studied the factors that affect tire safety and tire defects, as well as tire date coding and the perils of driving on a spare that may look new but in reality, is old and unsafe. "We are currently handling the case of a young man who was driving on I-595, and the rear passenger tire tread completely fell apart," said Attorney Debi Chalik. "The entire tire unraveled. The tire was the original spare tire with the vehicle. It happened to be 10 years old at the time of the accident. What we learned through the case is that even though that tire had never hit pavement before, and the tread looked perfectly fine...the inside of the tire actually corrodes over time."

Added Attorney Jason Chalik: "We believe there should be an expiration date; that a tire that has not been driven and is six years old or more is unsafe to drive. With the heat of Florida, the rubber deteriorates." For video of the full interview, visit our Firm News / Successes page and see "Debi Chalik and Jason Chalik Discuss Tire Safety," Comcast Newsmakers, January 2009.

For more general information on tire recalls and defective tires, please visit our Tire Defects webpage.

Related Web Resources

NHTSA: Vehicles and Equipment: Tires

SaferCars.gov: Tire Safety Ratings Database

The attorney representing a woman injured in a fatal Florida semi-truck crash is asking the courts to reconsider the case.

The fiery commercial truck accident involving two semi trucks -- one transporting potato chips for Frito-Lay and another carrying hot dog meat -- occurred Oct. 12, 2007, at the U.S. 441 exit off I-75 in Alachua, Florida, around 7 a.m. According to news reports, the Florida Highway Patrol had ordered traffic diverted off interstate 75 southbound due to an earlier accident in Gainesville. I-75 begins near Miami, Florida and ends at the Georgia state line.

Alachua Police were directing traffic when the accident between the two semitrucks and a van transporting employees to the V.A. Medical Center in Gainsville occurred. Reports state that the Frito-Lay semi-truck slammed into the rear of the semi carrying hot dog meat, forcing it into the van. The Frito-Lay truck driver was killed in this Florida highway traffic accident.

A Florida attorney representing a woman in the van who suffered personal injury objects to the jury's findings, which split negligence across four parties: the Alachua Police Dept. (35% negligent), the deceased Frito-Lay truck driver (15% negligent), the van driver (35% negligent), and the hot dog meat semitruck driver (15% negligent). No monetary compensation was awarded in this case. The lawyer for the injured woman asserted that the deceased truck driver had a history of hypertension and traffic violations, and that the trucking company should have been held accountable for full damages.

Florida truck accident lawyers have experience and knowledge in the areas of personal injury law and liability, in complex cases like these involving multiple drivers and entities. The attorney representing the woman injured in this accident has scheduled an October 2 date asking for the case to be reconsidered. He would like to see charges against the Alachua Police Dept. dropped, as they were not named a defendant in the original lawsuit in Florida. He alleges that assigning a percent of negligence to parties not named in the original lawsuit is a tactic used by trucking companies to avoid paying full damages. His client had filed a lawsuit against FL Transportation Inc., which maintained the Frito-Lay Orlando Traffic Center where the deceased potato chip semi-truck driver was headed.

Attorney wants ruling against Alachua Police Department dropped
The North Florida Herald, Sept. 17, 2009

Jury finds Alachua police, others negligent in crash
Gainsville.com Sept. 4, 2009

Related Web Resources

Alachua County, Florida

Federal Motor Carrier Safety Administration

The Miami Herald reports that a driver being held in the Broward County, Florida jail for a fatal DUI accident was also wanted in Maryland for violating probation related to drunk driving charges in that state. Robert Jones, 31, is being held on nine charges including two counts of DUI manslaughter for a car and motorcycle accident that occurred in Miramar, Florida early last week.

According to the report, Jones was taking his step-daughter to school when his car struck a 43-year-old motorcyclist from Davie, Florida. The motorcycle operator was dragged down Pembroke Road for 180 feet before Jones' vehicle stopped. Jones and the child fled the accident scene but police arrested him a few blocks away. The Herald reported that Jones' blood-alcohol level tested at 0.236 -- nearly 3 times the legal limit of .08 in Florida.

Bereaved families may contact a Broward County accident lawyer in cases where a driver operating a motor vehicle under the influence of alcohol causes a traffic accident that results in death or personal injury to others.

The news report went on to state that Maryland court records revealed that Jones had served time in that state for DUI and leaving the scene of an accident involving personal injury in 2006. An arrest warrant had been issued after he failed to appear in court and violated his probation. According to The Herald, Jones came to Florida 4 months after the warrant was issued and applied for a Florida-only driver's license (which is granted to snowbirds and others who maintain a primary driver's license in another state). Jones was approved for a Florida-only license when he showed a valid Delaware driver's license.

Repeat DUI offenders are a hazard on the roads and highways of Florida and every other state. Nationally in 2007, nearly 13,000 people lost their lives due to alcohol-impaired driving (NHTSA, Traffic Safety Facts 2007 Data, "Alcohol Impaired Driving").

Miramar DUI suspect is wanted in Maryland
MiamiHerald.com Sept. 11, 2009

Related Web Resource

Obtaining Your Florida Driver's License
Florida Department of Highway Safety and Motor Vehicles

The National Highway Traffic Safety Administration (NHTSA) released its list of Safety Defect/Noncompliance Notices for August 2009. While no notices were listed under the specific category for Tires and defective tires, a related item on tire pressure safety appears under Vehicles.

Jaguar is recalling 34 of its luxury XF cars, year 2010, because the tire placard label information regarding air pressure does not correspond to the tires on those cars. Incorrect tire inflation can cause vehicle instability, which in turn can lead to serious car crashes. The Jaguar recall commenced on Aug. 19, 2009. Other NHTSA motor vehicle related recalls for the month included...

• Curt Class 1 receiver hitches, P/N 11500, which were sold for use on Nissan Infiniti EX35 crossover SUVs years 2008 - 2010. The car bumper may pull away from the frame if the hitch is at maximum load, which could lead to serious traffic accidents.
• AFX recalled certain FX-28 motorcycle helmets that failed to comply with federal safety standards for penetration. When a motorcycle accident occurs, the operator's helmet may be the one thing that saves his or her life. The recall is scheduled to begin in Sept. 2009.

While it doesn't make the news headlines as often as the issue of defective tires, aging tires and tire date coding is also a safety concern for motorists.

A Florida defective tires lawyer is familiar with product liability and consumer safety protection laws as they relate to the performance of motor vehicle tires, and other products and equipment essential to the safe operation of our cars, trucks, SUVs, and motorcycles.

SAFETY DEFECT/NONCOMPLIANCE NOTICES
RECEIVED DURING AUGUST 2009 (PDF file)
NHTSA Monthly Recall Reports, Sept. 2, 2009

Related Web Resources

NHTSA Defects & Recalls: Monthly Recall Reports

Jaguar USA

Curt Manufacturing

AFX North America

The DUI manslaughter trial of former New York Yankees ball player Jim Leyritz was scheduled to begin this month, but reports of a videotape that has surfaced will likely delay the start of the trial until January 2010.

Leyritz was arrested for driving under the influence in a downtown Ft Lauderdale car crash on Dec. 28, 2007 that left a 30-year-old mother of two dead. Broward County prosecutors accuse Leyritz of being intoxicated and running a red light, striking the other driver's SUV. News reports state that the victim, of Plantation, Florida, was working at a Fort Lauderdale steakhouse as a bartender and on her way home in the early morning hours when the accident occurred. The Miami Herald reported that both drivers were driving with blood-alcohol levels above the state's legal limit of .08.

Now the defense claims the time of the accident is in question: The prosecution estimates that the car accident occurred at 3:19 a.m. Leyritz's defense reports that a videotape from a nearby light pole camera shows that the accident actually happened minutes earlier, and that therefore Leyritz was not as intoxicated as authorities reported. This development is likely to delay the start of the trial for several months.

Leyritz has been in and out of court while he awaits trial, not just on the DUI manslaughter charge but on domestic battery charges. He is free on bond though forbidden to have contact with his ex-wife, who accused him of beating her at their home in Davie, Florida earlier this summer. Leyritz is among the list of celebrity sports figures involved in fatal drunk driving accidents. The NFL's Dante Stallworth was recently released from prison after serving time on a DUI manslaughter conviction, resulting from a fatal Miami pedestrian accident.

Fort Lauderdale accident lawyers see the results of mixing alcohol and driving in their daily work on behalf of bereaved families. Drunk driving can affect anyone, whether they're a celebrity or not: 875 people died in Florida in 2008 due to alcohol-related motor vehicle accidents

Videotape could help ex-baseball star Jim Leyritz
MiamiHerald.com Sept. 5, 2009

Judge revokes ex-Yankee Jim Leyritz's bond
MiamiHerald.com July 3, 2009

Leyritz charged following accident that killed 30-year-old woman
ESPN.com Jan. 31, 2009

Related Web Resources

MLB.com: Jim Leyritz Stats

Wikipedia: Jim Leyritz

The U.S. Department of Transportation (DOT) reports that nationally, the number of women drivers involved in fatal drunk driving motor vehicle accidents is on the rise--a fact Transportation Secretary Ray LaHood calls "a very disturbing trend."

A recent study conducted by the DOT and NHTSA (National Highway Traffic Safety Administration) shows that approx. 2,000 drunk driving deaths a year involve women who are driving under the influence of alcohol. While FBI statistics show that men arrested for driving under the influence (DUI) still outnumber women by 4 to 1, the percentage of women arrested for DUI has increased--up nearly 30% in the ten-year study period of 1998 to 2007.

Florida Female Drivers and Drunk Driving Deaths

While any death on Sunshine State roads and highways due to alcohol-impaired driving is one death too many, some positive news for Florida emerged from the NHTSA study: Florida was not among the states where the numbers of women drivers involved in fatal drunk-driving accidents had increased. Florida actually showed a decrease in this area. Statistics of interest:

• The number of Florida female drivers in fatal crashes with a blood-alcohol concentration (BAC) level at or above the legal limit of .08 was 134 drivers in 2008 -- down from 144 in 2007.
• In 2008, in total, 875 people lost their lives in fatal Florida car crashes where alcohol was a factor. (NHTSA Traffic Safety Facts Florida 2004-2008)
• The study reported 10 states showing increases in numbers of women drivers who operated motor vehicles under the influence of alcohol and were involved in fatal accidents. Of those, Ohio and New Hampshire showed the greatest number and percentage increases (respectively).

This study shows what Fort Lauderdale accident lawyers observe in their daily work -- that drunk driving can impact anyone regardless of gender, race, profession, or station in life.

Transportation Secretary Ray LaHood Kicks Off Nationwide Enforcement Crackdown on Impaired Driving
Releases New Report Highlighting Increasing Number of Impaired Female Drivers
NHTSA Press Release, August 19, 2009

Alcohol-Impaired Drivers Involved in Fatal Crashes, by Gender and State, 2007-2008
NHTSA Traffic Safety Facts, August 2009