Articles Posted in Car Accidents

Late last month, two Bradenton residents were killed after a three-vehicle crash near County Road 675. According to a local news report, a Chevrolet was heading west on 675 approaching an intersection as two cars traveling east were also approaching. Apparently, the Chevrolet driver tried to make a left in front of one of the other cars without yielding. The Chevrolet hit the other car, and they both began to rotate. In the midst of all of this, another car tried to avoid the collision, but that car was also struck.

The Chevrolet driver suffered severe injuries and was taken to Blake Medical Center. The car that was cut off was carrying three passengers in addition to the driver. The driver and one 18-year-old passenger were killed. The other two passengers suffered serious injuries and were taken to Blake Medical Center. The driver of the third car, which was only hit on the side, suffered minor injuries and did not need to go to the hospital. According to the Florida Highway Patrol, an investigation is still ongoing, and charges are currently pending.

Contributory Negligence in Florida

In order to bring a claim for negligence in Florida, a plaintiff must establish certain elements in order for the case to be heard by a judge or jury. The plaintiff must show that the defendant owed the plaintiff a standard duty of care, that he or she breached that duty, that the breach was the actual and proximate cause of their injuries, and that actual damages resulted.

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A car accident occurred in Sarasota early last week, and as a result a 21-year-old man is in critical condition. According to a report by one Florida newspaper, the man was driving on Tuttle Avenue at approximately 12:45 in the morning on Tuesday, November 18. Another individual was driving south on Tuttle Avenue when, apparently, the victim was about to enter Siesta Circle as the other vehicle began to turn. It then exited the road and crashed into the median. Unfortunately, his car then proceeded to hit a light pole.

The victim was driven to Blake Medical Center in Florida shortly after the accident, and he remains in critical condition. An initial investigation has revealed that the victim may have been under the influence of alcohol.

Liability in Florida Drunk Driving Cases

In Florida, if you have been injured as a result of a drunk driver, you may be entitled to compensation for your injuries. Although ordinary negligence is a common personal injury theory of liability, when drunk driving was the negligent behavior the theory of liability may fall under negligence per se.

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A Florida State University football player was reportedly let off without any serious repercussions after he was involved in a hit-and-run accident. The New York Times reported that on October 5 the football player, who was named most valuable player, drove his car into another that was being driven by an 18-year-old who was returning from a late shift at a restaurant where he was working. Apparently, the football player left the scene of the accident before the police arrived. The victim remained at the scene of the accident after suffering some injuries from the airbag deployment.

The football player did eventually return to the accident location. However, he was not tested for alcohol, nor was he asked why he fled the scene. An investigation revealed that the football player was driving on a suspended license, yet he was still only given two minor traffic tickets.

After the University and police were criticized for their actions, the police chief reported that he would “conduct an investigation to determine what happened and whether the officers acted appropriately.” What is particularly interesting in this case is that a similar situation occurred just a month or so prior to this accident, yet that defendant (who was not a prominent football player) was charged with a hit-and-run. In contrast, the police did not charge this player with a hit-and-run. They claimed the reason that he was not charged was because he returned to the accident 20 minutes later.

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A local teen was charged last week with manslaughter and DUI after an accident he caused in August of this year. According to a report by one Florida newspaper, the teenager was driving with three passengers around seven in the morning on August 15, 2014 near S.W. 5th Avenue and S.W. 17th Street. He was driving over 90 miles per hour when he lost control of his car.

The car proceeded to spin around and crash into a tree, mailbox, pole, another tree, and finally a second mailbox. Two passengers were taken to the hospital, and one of the passengers died at the scene of the accident after being thrown from the car. No one in the car was wearing a seat belt at the time of the accident. At the hospital, the driver’s blood-alcohol content was tested and was determined to be .182. He also tested positive for marijuana. The teenager was charged with DUI and manslaughter, and his arraignment will occur later this month.

Florida DUI and Negligence

In Florida a person can be found driving under the influence if his or her blood alcohol content is .08% or higher. However, if the driver is under the legal drinking age of 21, he or she can be found to be under the influence if his or her blood alcohol content is .02% or higher.

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Late last week, the founder of the International Polo Club was found guilty in a fatal drunk-driving crash. A local news report explained that the defendant was found guilty in 2012 for the accident, but it was overturned after juror misconduct was discovered. The case was retried, and after four hours of jury deliberation the defendant was found guilty of vehicular homicide and DUI manslaughter.

Apparently, the defendant ran a stop sign while drunk and slammed into a 23-year-old recent college graduate. He left the scene of the crime and did not call 911 until approximately one hour later, at which point the victim had already passed.

His attorneys attempted to argue that the test that gauged his blood alcohol concentration was inaccurate and that his car may have malfunctioned. However, even after his retrial he was found guilty.

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A multi-millionaire polo star is back in court regarding a 2010 DUI manslaughter and vehicular homicide case. According to a local news report, four years ago a recent college grad was driving a Hyundai when the defendant crashed his Bentley into him. Evidently, the defendant waited over an hour before calling the authorities or 911.

He was convicted of this crime in 2012, but the conviction  was subsequently thrown out because of juror misconduct. The new trial started late last week, where he once again pleaded not guilty. The defendant is claiming that his car malfunctioned and that he was not intoxicated, although his blood alcohol concentration was double the legal limit.

Responsible Parties in Car Accident Claims

In Florida, car accident claims can be based on the negligence of several people or entities. For example, a victim may claim the negligence of another driver, or an entity that designed an unsafe road, or even a manufacturer of a part of a car.

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Earlier this month, a Northwest Florida State basketball coach was involved in a serious accident on State Road 85. According to a local news report, the basketball coach was driving in a Ford Fusion with his wife when another driver, driving a Nissan, rammed into their car head-on. Apparently, the other driver crossed three lanes and into the center median, eventually hitting the basketball coach head-on in a fiery crash.Unfortunately, the accident was so severe that the victim and the other driver were unable to be taken out of their respective vehicles easily, and rather had to be cut out by emergency personnel. The coach was taken to a local hospital, his wife was driven to another hospital, and the other driver was flown to Sacred Heart Hospital.

The current reports do not indicate that alcohol was a contributing factor in the crash, but the Florida Highway Patrol is still investigating what caused the other driver to dangerously begin driving in the wrong lanes.
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Earlier this week in North Fort Myers, a man lost his life when he ran into the back of a school bus that was stopped in traffic. Eight students from Island Coast High School aboard the bus were also injured. According to a report by one local news source, the bus was stopped in traffic near the intersection of US 41 and Old 41 when an SUV driven by a 68-year-old man crashed into the back of the bus.

Evidently, there were over 30 students aboard the bus.  Fortunately, only a handful were transported and admitted to Lee Memorial Hospital with only minor injuries.  The driver of the SUV that ran into the bus was rushed to Lee Memorial, but he succumbed to his injuries a short time later.

Police are currently investigating the accident but thus far believe that speed was a factor in the fatal accident. One police spokesperson noted that the accident occurred during a time when people are trying to get to work and may be in a rush. This is all the more reason to pay close attention to the road ahead.

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Earlier this month in Park Ridge, an elderly woman was killed in a pedestrian accident while she was crossing the street in the neighborhood of South Park. According to a report by one local news source, the accident occurred in the eastbound lane of Devon Avenue shortly after 10:15 in the morning.

Evidently, the elderly woman was crossing the street at the time of the accident. It is unclear whether she was crossing at a crosswalk. Investigators are looking into where exactly she was when she was struck by the vehicle.

The driver of the car that struck her stopped the vehicle after the accident and has cooperated with investigators so far. She was, however, ticketed for “failure to exercise due care” for her role in the fatal pedestrian accident. Additional charges may be filed against the driver, depending on the outcome of the investigation.

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One Florida family is lucky to be alive after a drunk driver crashed into their car as they were leaving a “Movies in the Park” event in Clay County. According to a report by News 4 Jax, the driver—a sixth-grade school teacher—was with her two children, her pregnant sister, and her nephew when a drunk driver ran a red light and slammed into their car.

Everyone in the car was seriously injured. The driver suffered a broken pelvis, a sacral fracture, and severe brain swelling. Evidently, the drunk driver hit her car directly where she was sitting. Doctors told her they are not sure how she survived the accident.

Her pregnant sister initially thought she had lost the baby, but doctors were able to deliver her son a full 11 weeks early. He was three pounds at birth.

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