Florida Personal Injury Lawyers Blog

The Gainesville Sun is reporting that a 24 year old woman was tragically hit by a car and killed Monday night on Archer Road in Gainesville.

According to police, the accident occurred at 6:45 p.m. while the young woman was walking south in the 2300 block of Archer Road. Apparently, she was not walking in a crosswalk when an eastbound driver moved into the center lane of the three-lane roadway to avoid a group of pedestrians, and hit her. Police spokesman said it appeared the left front bumper of the car struck the pedestrian, who rolled on top of the hood. She was pronounced dead a short time later at the trauma unit at Shands at the University of Florida.

Alachua County traffic homicide unit officials do not believe that was due to drug or alcohol impairment.

Although it is probably not the first priority on their minds today, the victim’s family may have a claim for wrongful death against the driver. Generally, under Florida law, Wrongful Death actions are lawsuits that arise after an individual dies as a result of the negligence of another. In Wrongful death actions, a lawsuit must be filed within two years of the accident, instead of the usual four years that is required in other civil lawsuits. It is for this reason that it is so important for families who have lost a loved one e due to the negligence or carelessness of another, to contact an experienced wrongful death attorney promptly to discuss their case—otherwise, they may lose the ability to assert a claim.

Continue reading "University of Florida grad tragically dies in Gainesville Car Accident" »

This Wednesday, a Brooksville jury awarded Angela Stone, a mother who lost her 12-year-old daughter in a DUI crash, $330 million in civil damages for wrongful death. This verdict is believed to be the largest award of its kind in Hernando County history. Tony Marrero from the St. Petersburg Times interviewed the jury foreperson after the verdict was rendered and she said that the award was so large because the jury felt that "Nothing can compensate her [the mother]…but if the figure that sits in the newspaper looks so enormous it stops one person and spares one family that kind of tragedy, it's enough."

The Defendant, Christopher Marcone is already serving 13 years in Florida State prison for DUI manslaughter. It is unlikely that Ms. Stone will recover the entirety of the $330 million, since the defendant is incarcerated, but that’s not really the point.

What’s important to take away from this case is that many people do not know what rights they have when they lose a loved one to a DUI crash. When someone dies in a DUI accident caused by another driver, the personal representative from the decedant’s estate has the ability to file a wrongful death lawsuit and to ask for punitive damages, not just compensatory damages. Under Florida law, there is no cap on punitive damages. However, there is a sort of “race to the courts” in wrongful death cases because the estate representative has only two (2) years to file their lawsuit. And in order to do this, they must first set up an estate on their loved one’s behalf to be able to sue.

Continue reading "Jury sends message with $330 million verdict in Brooksville DUI case " »

This week, the Florida Highway Patrol announced the results of the law enforcement initiative that focused on driver who run red lights. FHP participated in the National Stop On Red Week, and troopers issued 1,190 red light citations along with other citations for poor driving behavior--such as speeding and failure to wear a safety belt.

Last year, red light running in Florida led to 76 fatalities and 7,100 car accidents where property or people were injured. According to the FHP, the leading excuse offered by drivers for running a red light is “being in a hurry."

If you have been injured in a Hernando County car accident, you need an experienced attorney to fight for your rights. The attorneys at the Law Offices of Jason M. Melton seek a fair settlement in every case we handle, and build every case with an eye toward trial so that when drivers--and the insurance companies that represent drivers--do not make a fair settlement offer, we can fight for you in court. If you were hurt in a motor vehicle accident, contact us online or call 1-866-608-5529.

Erin Sullivan of the St. Petersburg Times reports that in a wild series of events, a twenty-year-old Hernando County resident went from being an injured passenger in a traffic accident in Holiday, Florida to becoming a resident of the Pasco County Jail in Land O’ Lakes.

Apparently, the young man was headed back from Clearwater Beach when a female companion who was driving got into a motor vehicle accident. When she exited the car to presumably exchange information with the other driver, the story goes that this young man took the car and wound up in a high-speed chase with a Pasco County Deputy that ended in an accident. The last stop for this car chase was rear-ending a stopped vehicle at a red light that upon impact rear-ended the vehicle in front of it. Ultimately, he was involved in two accidents and was charged with Aggravated Fleeing & Eluding.

The several victims of this car chase will be faced with some interesting legal challenges. Namely, the attorneys for the several insurance polices that may or may not be applied to this accident or event will be considering their position in relation to the alleged events. Because the taking of the car, by the twenty year old in jail, may be considered an intentional tort and/or driving without permission (non-permissive driver), a defending insurance company may have a “coverage defense” for the accident. Ultimately, several insurance policies will need to be vetted by the Pasco County Injury Attorney before any injured party from this accident resolves their case.

Continue reading "Spring Hill, FL Minor Injured in High Speed Chase in Pasco County" »

Tampabay.com is reporting that a 74-year-old man died Tuesday afternoon after he was forced to exit his car to address his car’s mechanical issues. According to the report, the man got out of the car but then collapsed into the road. Sadly, he later died at Northside Hospital.

The Florida Highway Patrol’s investigation into the accident reveals that the man was driving eastbound on 54th Avenue N approaching 28th Street N, and when the car came to the intersection, something malfunctioned and the car shut down. Troopers say that when the man left the car he "suffered a medical condition" and fell to the ground. They are still investigating.

Continue reading "Pinellas County Accident Lawyer update:: Man dies after car malfunctions" »

According to TampaBay.com, Florida’s roads are the safest they have been in years, and some credit this trend to the bad economy.

The state's traffic deaths dropped in 2008 to their lowest level in eight years, according to the Florida Department of Highway Safety and Motor Vehicles. In addition, traffic fatalities dropped 7 percent from 3,221 deaths in 2007 to 2,983 in 2008. And it was the first time traffic deaths have dropped below 3,000 since 2000.

Experts say that these trends are attributable to people cutting back on travel, entertainment and gas. People aren’t having that extra drink that could cause them to drive impaired or they are not going out to eat at all. Many people—an estimated 12 percent in Hernando County-- no longer have a job to drive to everyday. All of these factors contribute to less cars on the road and less accidents.

However, according to the report, Hernando County Motorcycle injuries rose–specifically, motorcycle injuries went from 99 to 122, a 23 percent increase in 2008. Some experts attribute this to the poor economy also. To save gas, more people may be opting to ride motorcycles, rather than drive cars.

Continue reading "Spring Hill Car Accident Attorney news update :: One upside of bad economy may be fewer traffic deaths" »

According to news reports an 18-year old was in critical condition after a traffic crash landed him in Tampa General Hospital with serious injuries. According to the preliminary reports, the driver allegedly attempted to merge into traffic at State Road 54 from the shoulder and lost control of his Volkswagen. Ultimately his Volkswagen hit a utility pole and a tree according to the Florida Highway Patrol.

At the time of this post, neither the driver, nor any of other drivers were charged in the accident. It does appear that the 18-year old was wearing his seat belt, however, liability for the incident has not yet been determined from the State of Florida’s point of view.

Most drivers who are injured in accidents that they are written traffic citations for believe that they forbidden from recovery in civil court for injuries. In fact, the liability or fault of any accident rests solely with a jury and no insurance company or judge can ever tell someone that because they were ticketed that they aren’t entitled to compensation. It is well-settled under Florida law that the jury is the lone determiner of liability and to that end, the fact that a citation was written in an accident is actually inadmissible in a trial.

Continue reading "Wesley Chapel Personal Injury Lawyer news Update: Youth Injured in Pasco County Car Crash" »

Reports indicate that a Brooksville, FL car accident involving a 2003 Toyota resulted in a car slamming against a tree several miles east of town. Florida Highway Patrol is investigating this Brooksville car crash, but preliminary reports show that the accident only allegedly involved one motor vehicle.

Legally speaking, there are two probable legal actions which will accrue from this event. There could be wrongful death action if it can be shown by the personal representative of the estate of the driver that the accident was caused by another motorist or defect in the road or the car he was driving. In addition, the passenger of the vehicle has been listed in serious condition and would have a viable motor vehicle negligence action if applicable insurance policies exist. As a passenger, of course, it is extremely rare that any liability could be attributed to him, so the real legal issue is how much are his damages (injuries) worth and whether or not they can be linked to the accident (causation).

Many folks are confused by these types of cases, but as an example, the passenger of the motor vehicle could bring an action against the driver’s BI coverage and then, if applicable, could have a remedy available against both the driver’s UM and his own UM.

Continue reading "Brooksville Personal Injury Lawyer News Update: Driver Dies and Passenger in Serious Condition in Brooksville Car Accident" »

Hernando County authorities have been busy of late with pedestrians struck by Florida drivers. According to the Hernando Times’ Kyle Martin, a 35-year old Spring Hill woman was recently hit by a Jeep Laredo as she walked on the side of Amero Lane in Spring Hill--the unincorporated population center of Hernando County, Florida.

Reports indicate the Spring Hill woman’s condition is critical. It is unclear what the circumstances surrounding the pedestrian’s actions or the inaction of the driver to avoid the auto accident.

Spring Hill Personal Injury Lawyer Jason Melton represents victims of car crashes where a pedestrian is injured. Assuming the fault of the auto injury falls upon the driver of the Jeep Laredo, it is commonplace in such an accident that both the Bodily Injury (BI) Auto Insurance coverage of tort feasor (here, that would be the driver of the Jeep Laredo) and the Under or Uninsured Motorist (UM) Auto Insurance coverage of the injured party would come into play.

Continue reading "Pedestrian Critical after Spring Hill, FL Auto Accident" »

According to the Hernando Times, a 51 year old Brooksville, FL man was struck by an unknown automobile or truck on Broad Street while riding his bicycle. The man was discovered by a passing driver, but unfortunately he passed away at Brooksville Regional Hospital due to his injuries.

The driver of the offending vehicle, to date, has yet to be found.

When a car crash is caused by an unknown driver, it is commonly referred to as a “phantom vehicle.” This terminology is important when representing families on behalf of those seeking compensation for a lost loved one in a wrongful death lawsuit or a simple automobile injury case where the car or truck that caused the accident is unknown.

In Florida, there are two forms of financial protection from an accident such as this. First, every automobile insurance policy in Florida contains No Fault or PIP Benefits. These benefits can used for injuries despite who caused the the accident or thewhether the other car or truck driverhad insurance. But most importantly, this is a case where your Under or Uninsured Motorist Coverage can come into effect. Because a “Phantom Vehicle” is by definition not insured, your coverage will act in the place of this the phatom driver's carrier.

Continue reading "Brooksville, Florida Bicyclist Struck and Killed by Phantom Vehicle " »

According to the St. Pete Times, two cars crashed into one another on the Sun Coast or Veterans Expressway(SR589) in Pasco County. The motor vehicle accident left a 70-year-old woman dead and seriously injured a 64-year-old Spring Hill, FL man.

Under Florida Law, a Pasco County Auto Accident Lawyer will need to show that the injuries sustained by the Spring Hill, Florida man were permanent in order to collect pain and suffering from any applicable insurance policies. The lawyer for the family of the deceased victim will also need to be cognizant of the 2-year statute of limitations that covers any Pasco County Wrongful Death Lawsuit.

Continue reading "Pasco County Highway Auto Accident leaves one dead, one injured " »