Southwest Florida Injury Lawyer Blog

Harris Law Firm

Posts Tagged ‘fatal crash’

Adding to the tragic death toll in Manatee County on I-75, another fatal crash — suspected cause a tire blowout — occurred this weekend, according to the Herald Tribune.  According to reports, a pregnant woman and a teenage boy died in this fatal SUV crash on Interstate 75 in Ellenton.

This is the 4th time in as many months a tire blowout on I-75 has been blamed for a fatal crash.  See a previous post here: Tire Tread Separation Death I-75 Bradenton. Whether this tragic case is another instance of tire tread separation remains to be seen pending investigation.

According to the News Press, an SUV rollover on I75 in Bonita Springs on April 17 resulted in the death of a 38 year old passenger, with other passengers hurt and airlifted to hospitals from the scene.

The cause of the SUV rollover is believe to be tire tread separation. Florida Highway Patrol continues to investigate the fatal crash.

According to the Bonita Daily News, a truck car crash involving a tractor trailer on i75 resulted in one fatality and at least 2 others seriously injured.  The truck crash occurred on I-75 at the overpass bridge for Colonial Boulevard

Florida Highway Patrol said the car was traveling northbound when the fatal crash occurred.  A medical evacuation helicopter transported other injured to area hospitals.

No further details are currently available. A tragedy on our roads.

According to the Naples Daily News and News Press, a tragic one-car traffic crash on I 75 in Collier County over the weekend claimed the life of a young woman and FGCU student, Brandee J. Herrington.

According to the report, her car veered off the highway and struck a tree, resulting in her death. There were no passengers. This happened during the heavy downpours on Sunday, April 11. She was only 20.

A 61 year old Ft. Myers woman was killed in a fatal crash in Collier County, according to Naples News.  Monday’s fatal crash was a head-on collision on U.S. 41 in Collier County near the Miccosukee Casino, involving 3 vehicles.

According to the Florida Highway Patrol, the 61 year old driver, Phyllis France of Fort Myers, was killed when the minivan she was driving overturned in a head on collision with a pickup truck operated by a Fort Myers resident on U.S. 41, who FHP contends drove beyond the center of the road.

Several passengers in the minivan were taken to Jackson Memorial Hospital in Miami.

A third vehicle drove off the roadway to avoid the crash. No one in that vehicle was hurt, according to authorities.

Whenever injury occurs following a serious truck accident, the first objective needs to be to receiving prompt medical attention. After that, the truck crash victim may consider whether pursuing a legal claim to recover compensation for their damages is the route they wish to take.

Below are a few of the most often asked questions about these sorts of accidents.

If I’m in a semi truck accident, should I call the police?

Yes. Any truck accident need to be documented to the safety of the people involved. In addition to the obvious trading of names and insurance facts, it can be sensible to seek out info from any relevant witnesses.  In any serious traffic crash, law enforcement will often respond because of other motorists reporting the accident.

Do significant truck accidents as well as the legal procedures that follow differ from the ordinary car incident?

Technically, there’s no distinction in the way that negligence is determined from a truck crash versus a car crash or motorcycle crash (with the exception of a traffic fatality, in which the Florida Highway Patrol usually performs a fatal crash investigation).

Nevertheless, you will discover unique laws that apply especially to semi trucks. Commercial trucking is regulated by laws at the federal and Florida level. They range from mandating many hours that can be driven, the way that a trailer should be loaded to avoid uneven weight, and regulating security gear utilized by the truck.

Who can sue in a very huge truck accident?

Anyone injured in a semi crash has the legal right to pursue a truck accident damage claim.  If there’s a fatality, then estate of the deceased family member has the standing to file an truck crash lawsuit.

Who would a victim make a case against?

Often, a truck accident injury claim is brought against both the negligent driver and the trucking company. The decision must be based on the relationship between the driver and his or her employer.

In some instances, semi-truck drivers are merely independent contractors, who usually are not affiliated with a specific firm. If that will be the case, then legal action would probably be pursued against the driver. Nevertheless, if the driver is employed by a organization, or the tractor trailer is owned by a different business, then a term known as “vicarious liability” applies. Under such circumstances the driver and owner (or employer) could be held accountable for the personal injury damages.

Who will be liable for the accident?

Together with the general rules of identifying negligence in an car accident, you will find a few other elements which are part of a big rig crash investigation. Malfunctioning equipment can result in a product liability claim against the truck manufacturer or trucking company, depending on the circumstances.  Additionally, violation of federal or Florida trucking regulations may be additional grounds to establish the fault of the truck driver and trucking company.

What if a settlement is offered before a lawsuit if filed?

In cases of serious injury or wrongful death resulting from a truck accident or semi crash, the trucking company, insurance company, or risk management division will offer a settlement to resolve the claim. This is often accomplished through aggressive pre-lawsuit negotiations and investigation handled by an experienced injury lawyer.

Sometimes, even without an attorney, a settlement may be offered fairly quickly. In such circumstances, it can be smart for the injury victim to fight the urge to accept such terms prior to consulting an experienced accident attorney. A qualified and experienced Florida accident attorney may be needed to make sure the quick offer is appropriate under the circumstances.

Once the formal lawsuit has been filed, the claim will move forward. The attorney has to know and follow procedural rules, and use them, to move the case quickly.

The fact is that most truck accident claims settle out of court, with only a very small percentage going to trial. Damages which may be assessed cover the charges of healthcare bills, lost wages, psychological detriment, and pain and suffering.  Family members, such as spouse and children, may also have their own claims for compensation, depending on the circumstances.

According to the News Press, what is becoming routine — continuing auto accidents and vehicle crashes — at the intersection of Chiquita Blvd and Kismet Parkway in north Cape Coral has resulted in traffic engineers reviewing the intersection to determine if a 4 way stop is need.

According to Cape Coral, traffic signals are not the problem:  poor driving is to blame.

There have been as many as 6 traffic crashes at the intersection of Chiquita and Kismet since 2008, including a fatal crash which took the life of a police officer’s mother.

According to reports, a tragic fatal crash in Hendry County:  on Saturday, March 27, a car driven by a 23 year old man allegedly lost control of the vehicle, on Keri Road (County Road 832), leaving the roadway into into a ditch, slamming into some trees and overturning, eventually coming to rest on its roof partially submerged.

The driver and one passenger survived, while another passenger died.

According to a Herald Tribune report, a fatal crash on I-75 in Manatee county occurred late evening on March 25.  The vehicle crash on I-75 happened north of the Buckeye Road overpass, near Mile Marker 231, north of Plametto. No other details are available at this time.

Below are some sobering statistics from the Florida Department of Highway Safety and Motor Vehicles (DHSMV) for the year 2008 (released in late 2009).

2008 Florida Traffic Crash

florida traffic crash: 243,342

drivers involved 346,610

average florida traffic crash per day 665

florida traffic fatality 2,983

fatal crash florida 2,764

florida accident injury 199,658

florida injury crash 128,162

property damage only crash 112,416

alcohol related fatality 1,169

alcohol related injury 15,736

alcohol related crash 22,259

alcohol related fatal crash 1,073

alcohol related injury crash 10,025

drug related fatality 136

drug related injury 819

drug related crash 1,161

pedestrians killed 502

pedestrians injured 7,878

pedestrian crash 8,471

bicyclists killed 118

bicyclists injured 4,380

bicycle passengers injured 48

bicycle crash 4,775

motorcyclists killed 502

motorcycle passengers killed 30

motorcyclists injured 8,519

motorcycle passengers injured 883

motorcycle crash 9,618

teens drivers killed 109

teen passengers killed 84

teens injured 11,734

teen passengers injured 8,613

teen crash 32,012

Drivers in the age group of 15 to 19 years old had the highest rate per 10,000 licensed drivers of crash involvement (399.04) and Drivers in the age group of 20 to 24 had the highest rate of fatal crashes (4.24).

Drivers in the age group of 20 to 24 years old who had been drinking had the highest rate per 10,000 licensed drivers of crash involvement (22.76) and the highest rate in fatal crashes (1.23).

Drivers 18 years of age had the highest rate of crash involvement in all crashes (501.47) and drivers 19 years of age had the highest rate in fatal crashes (5.07).

Of drinking drivers in crashes, 21 year old drivers had the highest involvement rate in all crashes (25.89) and in fatal crashes (1.51).

HOLIDAY TRAFFIC FATALITIES

New Year’s Day 2008 Holiday experienced the highest fatality rate per hour (0.44) with 42 people killed in the 96 hour holiday period. Sixty-two percent of these fatalities had alcohol involved in the crash.

DAY AND TIME OF CRASHES

Friday, during the 5 p.m. hour, had the highest number of all types of crashes (3,038). Saturday, during the 2 a.m. hour, had the highest number of fatal crashes (41). Sunday, during the 2 a.m. hour and 7 p.m. hour, tied for second highest hours for fatal crashes with (38).

Comment

The fact that so many of these Florida traffic crashes are avoidable and preventable simply underscores the tragedy in these numbers of lives cut short, lives interrupted, and families left picking up the pieces. We all need to be more careful, more vigilant, and more accommodating to others.  Shaving minutes off a commute or trip to the store through abrupt, rash actions, or inattention, is simply not worth the risk, and resulting in toll in our own lives of those of our neighbors.

Get off the cell phone, stop texting, and pay attention.

A 26 year old Bradenton man died in a fatal crash last week in Bradenton.  Reports suggest that the driver lost control of the light truck and crashed into a store.  A school teacher who was also in the vehicle was seriously injured in the single vehicle crash.

Naples News reports Collier County Sheriff’s Office Community Service deputy was killed Tuesday morning in a fatal accident near his Lehigh Acres home.  The truck accident occurred on SR 82 early last Tuesday.

According to the Florida Highway Patrol report, the fatal crash victim’s 1995 Dodge pick-up truck was traveling north on Blackstone Drive approaching the intersection at S.R. 82, while a semi-truck driven was traveling east on S.R. 82 approaching Blackstone Drive.

When the victim attempted to make a left onto S.R. 82, reports said he traveled directly into the path the semi-truck. Te violent traffic crash split the victim’s vehicle into two pieces, resulting in a car fire.

Reports indicate that the crash victim was a man of deep faith and popular community service deputy.

According to news reports, there was a fatal crash on SR 82 in Lehigh Acres.  See the story here. No additional details are available at this time.