Posted On: April, 2011

Florida Fatal Accident Attorney :: DeLand Woman Killed After Driving Into a Cement Mixer

A 53-year-old Volusia County, Florida woman died Friday after she drove into a cement truck. The Florida Highway Patrol said she allegedly stopped at a stop sign before rolling her 2011 Nissan into a cement mixer that trapped and killed her at the scene.

The cement truck was driven by a 38-year-old Daytona Beach man. Troopers said that they do not expect to file charges against the man.

An investigation will ensue to determine why the woman barreled into traffic before the intersection was clear.

According to the Federal Motor Carrier Safety Administration, in 2010 more than 10 percent of all traffic accidents involved commercial vehicles and accounted for an estimated 4 percent of automobile accidents with injuries. In 2008, 4,545 people suffered fatalities with large commercial trucks and buses. Last year, large commercial trucks and buses took the lives of 3, 619 people and injured another 93,000.

Big-rigs, tractor-trailers, semis and any other large truck can weigh up to 80,000 pounds. Once a large truck collides with a smaller vehicle that is not engineered to withstand an impact that large, the result is usually tragic. If the collision does not result in death, the injuries sustained are usually quite catastrophic leaving the victim with crushed limbs, traumatic brain injuries, paralysis, ruptured internal organs and variety of other injuries.

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Posted On: April, 2011

Gainesville, FL Personal Injury Lawyer :: Baby in Serious Condition Following Single-Vehicle Alachua County Accident

A 22-year-old woman from Putnam County, Florida and a baby were transported to Shands Hospital, at the University of Florida, Tuesday night following an accident that appears to be caused by the woman allegedly drifting off the road. The woman’s injuries have been listed as critical and the baby’s as serious.

According to the Gainesville Sun, the woman’s 1999 Ford Escort allegedly glided off the road at 7:57 p.m., hit a culvert and went airborne, overturning and landing on the roof. The two had to be cut out of the vehicle and a small fire was put out.

The woman was supposedly wearing her seat belt and the baby was confined in a child seat.
FHP is still investigating what caused the car to swerve off the road. Many times, this type of single car accident is caused by an unknown or “phantom” driver. If such an accident occurs, an injured party can make an insurance claim on their own “Under or Uninsured Motorist” Policy. This extra insurance protection provides an avenue of financial relief when it is unknown who causes an accident.

The National Highway Traffic Safety Administration (NHTSA) reported the leading cause of death for children 3 to 14 years old is motor vehicle accidents. In 2009, 179,000 sustained injuries in car crashes and 1,314 children ages 14 and younger were killed. Over course of 2009, Florida had 70 children age 14 or younger die in roadway accidents.

Wearing safety belts or using child seats, like the woman and infant in this accident, have been proven to reduce the risk of fatalities in vehicle accidents to infants by 71 percent and 54 percent for toddlers. In 2009, there were 5,366 children age 14 and younger involved in deadly passenger vehicle accidents in the United States. Statistics show that 46 percent of children who received lethal injuries were not restrained by a child seat or belt. Of those who sustained fatal injuries, 46% were unrestrained.

The NHTSA estimates that 9,310 children riding as a passenger in a vehicle have avoided fatal injuries by using child safety seats or seat belts over the last 3 decades. Following their simple suggestions could save your child’s life. For an infant, use a rear-facing car seat with a protective harness to reduce trauma on their delicate body. For a child between the ages of 1 to 3 years old, use a car seat that faces forward because the harness thwarts forward movements if a crash occurs. A child aged 4 to 7 should use a booster seat to assist with fitting into an adult seat belt. A child between the ages of 8 and 12 should always use a properly fitting seat belt, as should all other passengers and drivers.

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Posted On: April, 2011

Ocala, Florida Workplace Accident Lawyer :: Ocala Man Dead After Being Crushed by Loader

A 56-year-old Marion County father of three was killed Friday after a front-end loader fell on him while working at Construction Tire & Industrial Supply in Ocala, Florida. The Ocala Police Department and Ocala Fire Rescue Officials were on the scene shortly before 9:30 a.m.

According to the Ocala Star Banner, other employees had used a forklift to lift the front of the loader off the victim before rescue crews arrived. The man was airlifted to Shands at the University of Florida in Gainesville in critical condition. He was reported dead by Ocala Police officials around 1 p.m.

The deceased was changing a tire on the loader when the left side gave way and fell on top of him. He was trapped by the Volvo L90E wheel loader with an operating weight of 33,290 pounds.

Officials with OSHA in Jacksonville continued their investigations until the late afternoon.

Some jobs are naturally risky forms of work. Workers' Compensation laws happen to exist for the protection of employees who get injured on a work site or in the line of performing their jobs. Florida’s worker’s compensation does pay a portion of the injured worker’s wages and medical bills. Generally, these payments prohibit suing the employer, but when a third party is responsible, such as the builder of defective equipment and machinery, exceptions can be applied to hold other negligent individuals or businesses liable when they may have performed a task that caused the worker's injury to occur. These compensation laws also entitle family members of the deceased to death benefits.

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Posted On: April, 2011

Gainesville, Florida Wrongful Death Attorney :: Bicyclist in Critical Condition Following Crash

An adult male bicyclist was critically injured in Alachua County, Florida Monday after he was allegedly struck by a car, sending him through the windshield. The crash occurred around 3:45 p.m. on U.S. 441 near Micanopy, FL.

The highway was briefly closed so that a helicopter could land.

Cycling in Florida is very popular given that the weather allows for this activity to be enjoyed any time of year. In 2007 the Department of Highway Safety and Motor Vehicles reported that over 4,800 bicycle accidents resulted in 4,303 injuries and claimed the lives of 121 bicyclists. In its June 29, 2010 report the DHSMV showed that bicycle fatalities decreased 15 percent between 2008 and 2009 from 118 to 100.

A bicyclist injured on the roadways is usually the result of a careless or negligent driver. Cyclists sharing the road with motor vehicles can have complications such as limited sight lines and slower reaction times that can cause severe injuries or even wrongful death. Wrongful death occurs when another person’s negligence is the legal cause of an injury that leads to someone’s death that was otherwise avoidable. While different from murder, which is intentional, wrongful death is the result of an accident that transpired due to careless behavior or misconduct.

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Posted On: April, 2011

Tampa, Florida Accident Attorney :: Construction Worker Stuck in Cement Hopper in North Hillsborough County

Hillsborough County Fire rescue responded to a construction scene in Lutz, Florida Monday where a worker fell into a cement hopper that trapped his arm and shoulder. He was transported to Tampa General Hospital with non-life threatening injuries.

Fourteen firefighters responded to the scene at 2:37 p.m. According to MSNBC, the man’s arm and shoulder were freed by 3:37 p.m. after the cement mixer was disassembled.

A surgeon was flown to the accident site as a precaution.

Property owners, developers, and construction managers have a responsibility to keep their buildings and properties safe from issues that could cause an accident to an employee or visitor. This means equipment needs to be maintained, debris or materials must be stored safely so that slip and falls do not happen, toxic substances or hazardous objects should not be on site, all employees hired need to have proper training, proper building safety codes should be enforced and everyone on site from employees to visitors should be notified of unsafe areas within the vicinity of the property.

Through the state of Florida’s worker’s compensation laws, most employers must provide proper coverage for workers’ by paying into the Worker’s Compensation Insurance Program to protect their workers. Eligibility for worker’s compensation benefits depend on if the employee in question can prove they were injured on site during their term of employment. If injuries prove to be work-related then the employee can be compensated for lost wages and medical bills.

The man featured in this story could recover from third parties outside of the workers compensation system depending on what caused the injuries sustained. Accidents involving a construction site can be convoluted because of the many contributors implicated in the construction site including the owner, the general contractor and multiple subcontractors. If the injuries are caused by faulty machinery, the manufacturer of the flawed equipment may also be responsible for the damages.

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