Car Accident

One Dead and Two Injured in Florida Crash Involving a Motorcycle and a School Bus

Published on: February 8, 2023 | by Friedman, Rodman & Frank, P.A.

Driving or riding on motorcycles is a relatively risky activity, and the numbers bear that out, both in Florida and throughout the nation. In 2020, there were an estimated 620,077 registered motorcyclists in Florida. Motorcycles are inherently riskier than cars as they don’t have airbags or metal frames and are smaller than other vehicles. Between 2018 and 2020, the number of fatal motorcycle accidents in Florida increased slightly as did the rate of fatal injuries. Taking relevant and common sense safety seriously is vital if you ride or drive a motorcycle. Such steps include having all motorcycle riders wear their helmets and protective gear. While it might be tempting to forego such steps, either because the riders are driving a short distance or moving at slow speeds, doing so could have a significant impact on a victim’s recovery in the event of an accident.

Given the substantial risk of fatal motorcycle accidents in Florida, riders should be aware that in Florida, pure comparative negligence in auto accidents can have a significant impact on a victim’s recovery. A skillful plaintiffs’ attorney can use pure comparative negligence to advocate for a larger recovery for a victim and navigate past strong legal defenses. A recent local news article discussed a recent fatal Florida motorcycle accident.

According to the local news article, the accident occurred around 2:30 p.m. on Highway 98 and Avenue Due Fontaine Bleau in Mary Esther on Wednesday, January 25. According to the Florida Highway Patrol, the motorcyclist was traveling west on Highway 98 when an Okaloosa County school bus was facing south on Avenue Due Fontaine Bleau at a stop sign. The crash occurred when a school bus entered the intersection, crossing into the path of the motorcycle. The motorcycle then collided with the left side of the school bus. The Florida Highway Patrol stated that there were five children on the bus at the time of the crash. The 28-year-old motorcyclist is dead, and two children were injured during the crash.

Florida Appeals Court Reverses Lower Court Decision in Auto Insurance Case

Published on: January 31, 2023 | by Friedman, Rodman & Frank, P.A.

In a recent case, the Fourth District Court of Appeals in Florida issued an opinion in an appeal involving an insurance claim between an Appellant, the insurer, the Appellee, the insured. The insured sued the insurer seeking a declaration that she had Uninsured Motorist (UM) coverage following an accident. The jury found in favor of the insured because the insurer failed to obtain a written rejection. The trial court entered a partial final judgment for the insured. The insurer appealed, claiming that verbal waivers of UM coverage are allowed in Florida and that the insured had verbally rejected UM coverage over the phone. The appeals court affirmed the partial final judgment.

The insured then filed a fourth amended complaint, asserting a single bad faith claim based on the insurer’s denial of coverage due to an alleged verbal waiver, and also moved for punitive damages.

The case arose when the insured contacted the insurer over the phone to purchase auto insurance coverage. During the call, the insured declined UM coverage. The insurer told the insured that she would need to sign a rejection form. Days after the policy was purchased, but prior to the insured receiving the rejection form, the insured was involved in an accident. Nearly a month after the policy was purchased, the insurer mailed the insured a letter stating that because the insured had declined UM coverage, she had to fill out and return the UM coverage rejection form. The letter contained the following warning: “If you do not return the form in its entirety or we are unable to match it to your policy, UM coverage will be added to your policy.” The insured sued the insurer seeking a declaration that she had UM coverage.

One Dead in Fatal Miami-Dade Tow Truck Car Accident

Published on: January 26, 2023 | by Friedman, Rodman & Frank, P.A.

Speeding is one of the top causes of car and traffic accidents. Driving at high speeds increases both the likelihood and the severity of car crashes. Driving at higher speeds makes it more difficult to react to changes or mistakes on the road. Additionally, higher speeds lead to more serious crashes when drivers do collide with other vehicles or obstacles. Unfortunately, Florida experiences extremely high levels of car accidents and auto fatalities. According to the Florida Department of Highway Safety and Motor Vehicles (FDHSMV), in 2021, car accidents spiked throughout Florida after two straight years of decline. Throughout 2021, Florida saw 401,170 total car accidents. Additionally, approximately 40% of car accidents in Florida result in fatalities. Even more concerningly, according to the FDHSMV, fatal car accidents have been on the rise throughout the state. A recently published news article discusses a fatal crash in Miami.

According to the news article, the accident occurred late on the night of Sunday, December 11, around midnight. The crash happened just after midnight in the area of Southwest 22nd Avenue and Southwest 17th Street. A tow truck collided with a Honda CR-V. The CRV skidded about 83 feet before hitting a curb and flipping onto the driver’s side before skidding another 57 feet and coming to a stop. The CR-V then became engulfed in flames. The driver of the CR-V was a 69-year-old Miami-Dade College sign language professor.

The driver of the tow truck was taken into custody at the scene after performing roadside exercises. He refused to consent to a breath sample, and a warrant was executed for blood to be drawn. Blood was drawn 4.5 hours after the crash and came back negative for drugs or alcohol. According to the arrest report, the tow truck had a flashing light and an audible siren activated while it was traveling at a high speed in a residential area when it collided with the CR-V. Witnesses stated that the tow truck was weaving and passing slower-moving vehicles. The posted speed limit is 35 mph in that zone, but the tow truck data showed it was going 81 mph roughly three seconds before the crash, according to the arrest report.

Wrong-Way Driver on I-95 Causes Devastating Crash in Palm Beach County

Published on: January 1, 2023 | by Friedman, Rodman & Frank, P.A.

In Florida and the United States, drivers almost always are required to drive on the right-hand side of the road. This has been the practice since the days of the horse and carriage, and generally, it is easily followed by everyone on the road. As cities have grown and traffic control has become more complicated, the chances of wrong-way accidents have increased. One-way streets and divided highways can confuse some drivers and result in them traveling the wrong way into head-on traffic. A man was recently killed in Palm Beach County when he entered Interstate 95 going the wrong way and got into a head-on collision with another vehicle.

According to a local news report discussing the recent crash, a 26-year-old man driving a Toyota Corolla entered the I-95 northbound traffic lanes from the wrong direction on the 6th Avenue exit in Lake Worth Beach at around 4:00 AM on December 2nd. The wrong-way driver traveled a short distance on the interstate and then crashed head-on into a Chevrolet Silverado that was traveling northbound. Emergency crews responded quickly to the crash, but the driver of the Toyota was pronounced dead at the scene. The driver of the Chevrolet was transported to a local hospital with life-threatening injuries.

The design and construction of freeway entrances, exits, and interchanges are not consistent across our state. Drivers approaching an unfamiliar traffic feature have a duty to pay attention to the signage and instructions and remain on the correct side of the road while getting on the freeway. Drivers who fail to abide by traffic rules and cause an accident can be found civilly, and even criminally liable for the consequences of their behavior. If an at-fault driver is killed in a crash, their insurance company and estate may be held civilly liable for injuries caused to other drivers involved in the crash. Florida law does not require motorists to obtain bodily injury liability coverage, however, most drivers do so. Because not all drivers in the state have liability converge, we recommend drivers obtain coverage for uninsured/underinsured on their own policies.

Orlando Test Drive Ends Tragically Ends in Woman’s Death

Published on: January 1, 2023 | by Friedman, Rodman & Frank, P.A.

When a prospective car purchaser wants to try out a vehicle and go for a test drive, it can sometimes become a dangerous situation. Test drivers may not have experience driving the type of vehicle that they are trying out. Furthermore, the experience of test driving a vehicle can be distracting, as the driver is often trying to evaluate the car quickly, while performing a test drive that may include a dealership representative in the vehicle, further increasing the distraction. Last month, an Orlando test drive turned deadly when a prospective car purchaser was struck by another vehicle while entering the dealership upon completing the test drive.

According to a local news report discussing the accident, an elderly couple visited an Orlando dealership last month to test drive a Nissan SUV. The 86-year-old husband was driving the vehicle, his 76-year-old wife was in the passenger seat, and a dealership representative was riding in the back seat. When the driver attempted to make a left turn back into the dealership, he did so into the oncoming path of another SUV, which struck the Nissan near the front passenger side, causing the SUV to roll over onto its side. Emergency crews responded to the scene, where the 76-year-old woman was declared dead. The husband suffered minor injuries, and the dealership representative was not injured in the crash. According to the news report, all people involved in the accident were wearing seatbelts at the time of the crash.

As drivers get older, their driving abilities generally diminish with time. It can be tough for authorities and the family members of aging drivers to assert that the driver may no longer be able to safely operate a vehicle. Florida has enacted the “GrandDriver program” to offer resources and support (as well as additional rules) for drivers over 80 years old and their families. Florida drivers over 80 years old must renew their license every 6 years (compared to every 8 years for younger drivers), and pass a Mature Driver Vision Test at an approved location. These additional rules have been enacted to help mitigate the dangers of allowing aging drivers to retain their driving privileges.

Man Killed While Delivering Bikes Due to Missing Stop Sign

Published on: December 23, 2022 | by Friedman, Rodman & Frank, P.A.

When a missing street sign causes a car accident, it becomes abundantly clear how important street signs and properly working traffic lights are in road safety. Road signs and traffic lights exist to keep drivers safe by regulating traffic, alerting drivers to changing road conditions, or providing warnings, such as suggested speed limits when driving on a ramp. Missing road signs can pose serious risks because if a stop sign is missing from an intersection, it can lead drivers to keep going through the intersection without stopping, which may lead to accidents. Other important road signs, such as construction zone road signs, can help alert drivers to the fact that they should slow down due to construction ahead, and when these signs are missing, drivers will not know to slow down, which can lead to injuries. In addition, signs that alert drivers that a road is one-way, or even of speed limits, play an important role in regulating traffic and ensuring that road users remain safe while traveling.

According to a recent news report, a Michigan army veteran was tragically killed in Punta Gorda, Florida, while delivering free bikes to children in Florida affected by Hurricane Ian. The veteran was known for his passion for fixing bikes, creating Build a Bicycle – Bicycle Therapy, a shop where he fixed bikes, sold new bicycles and gave many away for free. He was driving a pickup truck with a trailer of bikes when he drove through an intersection that was missing a stop sign due to Hurricane Ian.

If a car accident occurs as a result of a missing road sign, it can be important to connect with an experienced car accident lawyer to help you navigate your case. In some instances, you may be able to hold whoever is responsible for maintaining the sign responsible for the fact that the road sign is missing, and this may be the local government or a company. It can be helpful to gather evidence to build your case, which can include having a lawyer who can help you investigate the accident, including what caused the accident, and taking photos of where the signage was missing. Because various circumstances could lead to a missing road sign, including natural disasters, it can be useful to talk through your possible claims with a lawyer who is an expert in car accident cases.

Two Dead In Orange County Crash Involving Northbound and Southbound Vehicles

Published on: December 23, 2022 | by Friedman, Rodman & Frank, P.A.

It is no surprise that after a car accident, individuals have to juggle a lot. Whether it is figuring out insurance claims, dealing with medical expenses, or deciding whether to file a lawsuit and how to do so, the many decisions that follow a car accident can leave many dealing with a high level of stress.

According to a recent news report, a 53-year-old woman and a 66-year-old man died after a car collision in Orange County. The 53-year-old woman was traveling southbound and crossed over the median for unknown reasons. Her car crashed into a Chevrolet Malibu that the 66-year-old Orlando man was driving. The man was traveling northbound and swerved right in an attempt to avoid the collision, but the woman’s van struck the front left of his vehicle. Both drivers were taken to a local hospital, where they were pronounced dead on the scene. The crash is still under investigation.

After a car accident, it is important to seek any medical treatment that may be necessary. After ensuring that your medical needs are tended to, you may be thinking about the next steps, which may include filing a lawsuit to seek compensation for your injuries. It is important to contact your insurance to file a claim and go through the next steps with your insurance company. It can also be extremely helpful to connect with an experienced car accident attorney who can then talk you through the steps of filing a lawsuit. If at the scene of the accident, you were able to take photos, gather contact information and/or statements from any witnesses, and document any other important details from the car accident, this can be helpful information to pass on to your accident attorney. In addition, every state has a statute of limitations for filing car accident suits, which is the deadline by which a person must file a lawsuit. Generally, you have four years from the date of the car accident in that you were injured in to file a lawsuit in the state of Florida. This is one of the many important factors to consider when thinking about filing a lawsuit. Connect with an expert lawyer in car accident cases who can help walk you through your case.

One Killed Three Injured in Fatal Three-Car Florida Crash

Published on: November 29, 2022 | by Friedman, Rodman & Frank, P.A.

Miami consistently ranks highly on the list of Florida cities with the most car accidents and crashes each year. This past year, Miami had more car crashes than anywhere else in the state of Florida. In a particularly concerning trend, fatal crashes in Miami have risen 14% between 2014 and 2021. One of the most accurate ways to measure the risks of fatal car accidents given disparities in populations of states is to measure deaths per 100 million miles traveled in a state. According to the Insurance Institute for Highway Safety, Florida has a rate of 1.60 deaths per 100 million miles traveled, placing Florida behind only a handful of other states when it comes to the risk of drivers and passengers being killed in crashes. According to the Florida Department of Highway Safety and Motor Vehicles, roughly 40% of all car accidents in Florida result in injuries.

It would serve Florida drivers and passengers well to know what factors can be used when calculating pain and suffering damages following a car accident. These factors include things such as recovery time, the severity of the injury, pain level, type of injury, and magnitude of the crash. These elements are weighed together to help deduce what the appropriate level of compensation should be granted in court following an automobile crash. A recent news article discussed a fatal three-car crash in Miami-Dade County from earlier this month.

According to the news article, the accident occurred when a fender bender between two vehicles escalated with a third vehicle striking the two other cars. The accident occurred overnight in West Miami-Dade County, with Florida Highway Patrol troopers and Miami-Dade Fire Rescue units responding to the scene of the crash around Southwest Eighth Street and 92nd Avenue just before 12:10 a.m. Police investigators stated that the crash began as a non-fatal fender bender that turned much more serious when a third vehicle struck the rear area of the other two vehicles and several pedestrians. Officials said that one person died at the scene. Three others were injured in the crash, with one person hospitalized. Officials said that the investigation into the crash was ongoing.

Two Killed One Injured in Fatal Florida Highway Crash

Published on: November 23, 2022 | by Friedman, Rodman & Frank, P.A.

Florida consistently ranks highly on the list of states with the most traffic accidents each year. Specifically, one of the most accurate ways to measure risks of fatal car accidents given disparities in populations of states is to measure deaths per 100 million miles traveled in a state. According to the Insurance Institute for Highway Safety, Florida has a rate of 1.60 deaths per 100 million miles traveled, placing Florida behind only a handful of other states when it comes to the risk of drivers and passengers being killed in crashes. In Florida, roughly 40% of all crashes result in injuries, but most notably, fatalities stemming from car crashes have been on the rise since 2018. In particular, highway crashes can result in a higher fatality rate. Due to the higher speed limits, accidents on the highway can have more serious implications than slower-speed crashes.

When it comes to crashes and accidents, Florida drivers and passengers should be aware of the factors that can be used to calculate pain and suffering damages after a crash. These elements include but are not limited to the type of injury, recovery time required, necessary treatment, and the severity of the accident. These different factors can help determine the value and compensation in court after an auto accident. Many of these elements are tied together, as the more serious the accident, the more likely the recovery time will be longer. A recent news article discussed a fatal Florida highway accident from earlier this month.

According to the news article, the accident occurred when a stationary tow truck parked on the inside shoulder of State Road 408 was struck by a fast-moving pickup truck. The tow truck and a Florida Highway Patrol car were both parked on the inside shoulder assisting with a single-car accident with their emergency lights activated when a pickup truck driven by a 53-year-old Groveland man, carrying a 51-year-old man from Clermont as a passenger, lost control and struck the tow truck. Both the tow truck driver and the pickup truck driver were pronounced dead at the scene, while the passenger of the pickup truck was hospitalized with minor injuries. According to the authorities, both people inside the pickup truck were wearing their seatbelts.

Pedestrian Killed in Fatal Florida Hit-And-Run Crash

Published on: October 24, 2022 | by Friedman, Rodman & Frank, P.A.

Florida consistently ranks highly on the list of states with the highest number of hit-and-run accidents each year. Through August, Florida has already reported 52,791 hit-and-run car accidents throughout the state. Additionally, hit-and-run accidents have resulted in 11,494 reported injuries and 119 fatalities in Florida this year. There are many reasons why a driver may flee the scene after an accident. The primary motivating factor is likely that the driver wants to avoid the legal or financial consequences of the accident. Depending on the cause of the crash, drugs, alcohol, outstanding warrants, texting, or distracted driving, there could be serious legal ramifications, leading to the driver leaving the scene. Other reasons, such as lacking proper insurance, holding a commercial driver’s license, or driving the vehicle without permission, could result in significant financial consequences for the driver, leading them to flee the scene.

Florida drivers and pedestrians should be aware of some of the factors involved in calculating pain and suffering damages after an accident. Such elements can be used to determine the value and compensation in court after a crash or auto accident. (1) the type of injury and seriousness of the harm, (2) the amount of recovery time required, and (3) the necessary treatment required by the injury. These issues are related to each other. For example, generally speaking, if your injury is more serious, the recovery time and treatment required will be more elaborate, and will often result in greater compensation. Subsequently, if your injury is relatively minor and there is not a ton of pain associated with it, any damages awarded may be on the lower end. A recent news article discussed a fatal Florida hit-and-run crash that occurred in September 2022.

According to the news article, the accident occurred when an SUV struck a man crossing the street near the intersection of Krome Avenue and Southwest 320 Street, also known as Mowry Drive, in Homestead. The crash occurred early in the morning around 6:45 am. At the time of reporting, detectives were still searching for the driver, who fled the scene after striking the pedestrian. Surveillance videos show the car hitting the man crossing the street in the early morning hours before speeding off.