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News

Car and Motorcycle Accidents

• Heads up! Seat Belt Offenders Become FHP Target
  Mar 01, 2010

  From now until March 14, Alachua County drivers can expect to dish out $104 for not wearing their seat belts.

  Over the next two weeks, the Florida Highway Patrol, in an effort to increase seat belt use through its "Click it or Ticket" campaign, will actively be on the look out for the estimated 15 percent of Florida drivers who do not wear their seat belts.

  Beginning in June of last year, not wearing your seatbelt became a primary offense, which allows law enforcement officers to make a stop based solely on not being buckled up properly.

  Florida law requires those 18 and over to wear seat belts if they are riding in the front seat of a vehicle (minors must be properly restrained at all times).

  For more information:
  
  Seat belt use now a primary offense in Florida

  
  Officers to crack down on seat belt use
  
  

  Buckle - Up!  Over the next two weeks and every week!

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• Walking + Distracting Gadgets Don't Mix
  Feb 05, 2010

  With increasingly more gadgets and devices to keep people preoccupied, drivers also need to beware of those who are not in their cars: the distracted pedestrians.

  In two studies done by Washington University in Bellingham, Wash., researchers watched a popular area of campus for "inattention blindness"- a person who sees what is in front of them but does not mentally register it. They studied 347 passer-bys noting whether they were talking on the phone, texting, listening to music, etc. And to determine their level of "distraction," researchers set up an unusual sight-a clown on a unicycle.

  Not surprisingly, only 25 percent of cell phone users remembered seeing the clown. They were also more likely to have slower reactions and change directions. This shows how distracted pedestrians increase their chances of drifting off sidewalks, as well as, not seeing an oncoming car, person, bicycle or object.

  According to one New York Times article , a little over 1,000 pedestrians went to the emergency room in 2008 because they were in an accident while using their cell phone. One woman said she was so "lost in conversation," she ran into a parked truck.

  For more information:

  Test your Awareness: Do the Test
  
  Drivers Aren't the Only Ones Distracted; Pedestrians are too!

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• New PIP Case Law in Florida
  Jan 20, 2010

  Several Florida Appellate courts have recently upheld the auto insurance companies' tactic of cutting off or denying injured Florida citizens their Personal Injury Protection (PIP) benefits without ever being examined by an insurance doctor. 

  Since the inception of Florida's PIP law in 1972, insurance companies have had the right to conduct an independent medical examination, done by their own doctors. After a physical examination, the insurance doctor decides whether the policy holder requires medical care. If this doctor, hired by the insurance company, deems the policy holder has no further need of medical care, the insurance company can then deny benefits, despite the insured's treating physician's diagnosis and medical treatment plan. 

  Now, according to new case law, the insurance company's doctor can make this decision without ever meeting, talking with, or examining the insured. The courts have determined that an insurance company can cut off or deny benefits solely based on a doctor's review of medical records.
  
  For more information:
  
  Expereinced Personal Injury Attorneys may be able to Prove Insurance Fraud

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• Alachua Police Department and Three Motorists Found Negligent in a Fatal Crash
  Oct 28, 2009

  On September 4, 2009, a jury found the Alachua Police Department and three motorists negligent in a crash that took place on I-75 at the US 441 exit on October 12, 2007.

  Earlier on the morning of October 12, police had closed down a section of I-75 near exit 399 due to a fatal traffic accident and was directing traffic off the highway. Steve R. Bogue, an employee of the FL Transportation Inc., was driving a company's truck back from Georgia. He did not slow down or brake as he approached the road closure.  His truck rear-ended another truck with such force that it, in turn, slammed into a commuter van with the employees of the Gainesville Veterans Affairs Medical Center. Bogue died from his injuries. Claudette, DeRosett, a passenger in the van received permanent bodily injury and traumatic brain injury from the crash, and sued Fl Transportation Inc., since Bogue was driving in his capacity as an employee of the company on the day of the accident.

  Florida is a pure comparative negligence state, allowing the jury to assign blame to each person who was responsible for the accident. The attorney for FL Transportation Inc. argued before the jurors that they must consider many factors in deciding who was negligent: the decision to close the highway, the actions of the police department, whether there was advance warning of the detour given to the drivers, actions of other drivers, slow speed of the commuter van etc.

  The jury found that the Alachua Police Department was 35% at fault, the driver of the commuter van was also 35% at fault, and Bogue and the driver of the second truck were each 15% negligent. Florida Transportation Inc. was not found negligent at all.

  For more information, see:

  Comparative Negligence - Do You Know What it Means For Floridians?

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• Serious injury and a fatality from two Summer go-kart accidents.
  Sep 22, 2009

  Over the summer there were several motor vehicle accidents involving go-karts on public roads. Go-karts are not authorized by law to be driven on public roads; here is a brief news summary on two of these accidents.

  On July 6, 2009, a teen was injured when a pick-up truck hit his go-kart on Dixie County Road 346 south of Old Town. Brandon Houtsma, the driver of the pick-up truck, hit the go-kart driven by Patrick Allen, 15, who failed to stop at an intersection. Allan suffered serious injuries from the accident and was taken to Shands at the University of Florida. Both Allan and the passenger of the go-kart, Seth Daily, 21, who was not injured, were wearing seatbelts, but not helmets. Houtsma and his passenger were not injured.

  On August 23, 2009, a 13-year-old teenager, riding a go-kart on the streets of Miami, died when his go-kart was hit by an SUV. The teen had to be airlifted to the nearest hospital where he died from the severity of his injuries. The SUV driver will not be charged.
  
  For more information, please see:
  
  The ABCs of off-highway and recreational vehicle use: ATVs, go-karts, and golf carts
  
  Enjoy the Fall weather - 2 things you should know to be safe and legal on your off-road vehicle

   

   

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• Van crashes into concrete wall with 11 unbuckled children on-board.
  Sep 17, 2009

  On September 7, 2009, Amanda J. Nelson, 34, was driving a van carrying 11 children to a Little League game in Tampa, FL when she failed to pay attention to slow-moving traffic. She went off the road to avoid crashing into a car in front of her, causing her van to hit a concrete wall.

  Nelson failed to buckle up the children, ages 3 to 15, and she herself was not wearing a seat belt. None of the children sustained serious injuries, but Nelson's own daughter, 7, was severely injured and transported in a critical condition to St. Joseph's Women's Hospital.

  Nelson has prior seat belt violations. She was cited for a seat belt violation in 2000 and then again in February of 2006 for driving children without a car seat in the vehicle. In addition, her driver's license has been suspended six times, and she has also been cited for knowingly driving with a suspended license and for speeding.

  Police is currently investigating the accident. Charges against Nelson have not yet been brought.
  
  For more information, please see:
  
  Protect Your Child on the Road - Follow the Law & Be Safe!
  
  Florida Law Regarding Child Safety Seats and Adult Seat belt Use - Do You Know What It Says?

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• Texting While Driving May Soon Be Illegal in Florida
  Sep 03, 2009

   

  For several years, bills against text messaging while driving have faltered in the Florida Legislature. This year, another bill has been filed again by Sen. Frederica Wilson and Rep. Doug Holder. If the bill is passed, it will make texting while driving illegal and those drivers who text would have to pay a penalty in the amount of $30.

  A new study by the Virginia Tech Transportation Institute shows that those who text at the wheel are 23 times more likely to cause an accident than those who do not text. Those few seconds that a driver spends looking at a cell phone may change the driver's and other people's lives forever. A texting driver may not see another vehicle or a pedestrian, may cross into the opposite direction lane, or may go off the road. Rep. Holder hopes that the study and the increased awareness about the dangers of texting while driving will help the legislators to make the right choice and vote for the bill. 

  Currently, there are 14 states banning texting while operating a motor vehicle. Numerous fatal accidents caused by texters at the wheel have facilitated the passage of laws. Recently, three more states, Illinois, Oregon, and New Hampshire, adopted texting bans that will take effect on January 1, 2010.

  For more information, please see:
  Bad News For Floridians on the Road; Texting and Celling Behind The Wheel Remains Legal
  Common Driving Distractions

  Don't Let Them Longhorns Outshine Us - Here is What You Can Do 

  Texting While Driving... It Should Be Illegal in Florida 

   

   

   

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• The Toughest Law Against Texting While Driving Took Effect in Utah
  Sep 03, 2009

  The toughest texting law in the country took effect on July 1, 2009.  In Utah, a person, who was distracted by texting, can be imprisoned for up to 15 years, if the texting distraction caused a crash in which someone was injured or killed.

  The law is a result of an accident that occurred on September 22, 2006 in Utah. Reggie Shaw, 19, was texting his girlfriend when his SUV crossed over into the other lane and hit a car carrying James Furaro and Keith O'Dell, two rocket scientists. Their car spun out of control and was struck by another pickup truck hauling a trailer. Both scientists were instantly killed.

  At first, the investigating officer Bart Rindlisbacher could not identify the cause of the crash, since Shaw denied doing anything out of the ordinary. However, based on a witness's statement that Shaw's car was swerving on the road before the accident and Shaw texting immediately after the crash, a subpoena for Shaw's phone records was issued. The records showed that Shaw had sent 11 text messages in 30 minutes before the crash - the last message was sent at 6.47am, which was a minute before Shaw called 911. 
  
  The investigators could not charge Shaw with negligent homicide, since they had to show that he knew or should have known of the dangers of texting on the road. But after Terryl Warner, a victims' advocate, argued that the dangers were broadly known to the public, Shaw was charged with negligent homicide. After facing the two victims' families in court in November of 2008, Shaw decided to plead guilty. He was given a 30-day sentence in jail and 200 hours of community service. In February of 2009, Shaw appeared before the Utah Legislature and after his sincere testimony about his experience and the real dangers of texting while driving, the anti-texting law was passed in Utah. 

  Because of this tragedy, currently, in Utah the penalty for texting behind the wheel is up to 3 months in jail and a $750 fine. If the violation causes injury or death, a texter faces a felony charge that carries up to 15 years in jail and a $10,000 fine.

  For more information, please see:

  Bad News For Floridians on the Road; Texting and Celling Behind The Wheel Remains Legal
  Common Driving Distractions
  Don't Let Them Longhorns Outshine Us - Here is What You Can Do 
  Texting While Driving... It Should Be Illegal in Florida 

  Texting While Driving May Soon Be Illegal in Florida

   

   

   

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• Several Pedestrian Fatalities in and near Ocala this Summer.
  Aug 24, 2009

  Several fatal pedestrian accidents occurred in and near Ocala this summer; here is a summary of them.
  
  On August 18, 2009, Joe Rozier, 19, was driving a Nissan Frontier, heading north on U.S. 441, when he struck an unidentified pedestrian who had tried to cross the road. The pedestrian was thrown into the grassy median and died at the scene. Before attempting to cross the road, the pedestrian was walking in the outside lane by the grassy shoulder. Rozier was actually driving in the inside lane and said he was blinded by a glare when he hit the pedestrian.

  On July 23, 2009, a pedestrian Teofilo Morales, 60, was struck by a driver whose name has not been released. The accident occurred on NE 36^th Avenue in Ocala. Morales was airlifted to Shands at the University of Florida where he later died from his severe injuries.

  On July 4, 2009, a pedestrian Bryan Quinn, 22, was killed when a van driven by an officer of the Florida Department of Corrections hit him on U.S. 1 near Church Road in Nassau County. Quinn stepped in front of the van, and it is not known whether he did not see the van or was negligent in some way. Two officers in the van and the inmate they transported were not harmed. No charges will be filed against the corrections officer who was at the wheel.

  For more information:  Several Recent Fatal Pedestrian Accidents in Ocala Raise Concern About Pedestrian Safety; Here is Why:  

   

             

   

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• A deadly summer for bikers in Gainesville and Ocala
  Aug 18, 2009

  Several deadly motorcycle accidents have occured in Gainesville and Ocala in the last few months.
  
  On June 30, 2009, a motorcyclist was speeding, hit a tree and was thrown out of his motorcycle in a residential neighborhood in Ocala. His motorcycle hit the concrete wall and his body was thrown into a door of a building at a Country Club of Ocala. The thirty-year-old was taken to Munroe Regional Medical Center where he died from his injuries. He was not wearing a helmet at the time of the accident.

  Another motorcyclist was killed on July 5, 2009 on SR 40, three miles east of SR 41. A driver of Hyundai Accent, Victor Nevola, was driving under the influence of alcohol. He violated the right of way and made an improper turn in front of a motorcycle. As a result of the impact with the car, a motorcyclist, 49-year-old Thomas Akridge, and his passenger, Wendy Coulter-Braden, 51, were thrown out of the vehicle. The driver suffered minor injuries, while the motorcyclist died and his passenger was critically injured, flown by a helicopter to Shands at the University of Florida. Neither of them was wearing a helmet. Nevola, the driver of Hyundai Accent was arrested at the scene of the accident and charged with DUI manslaughter, DUI property damage, DUI with serious bodily injury, and making an improper turn. 
  
  Just several days ago, on August 11, 2009, a car and a motorcycle crashed head-on in Ocala on U.S. 27/441 because the driver of the car, Kimberly Sasser, was going the wrong way.  As a result of the collision, the motorcycle caught on fire and the motorcyclist, Charles Linzmeyer, who was not wearing a helmet; died at the scene. It is not yet clear whether the driver and her 6-year-old passenger were wearing the seatbelts. The driver was seriously injured and was taken to Shands, and the child suffered minor injuries.
  
  For more information, please see:
  
  Helmet Use Might Save Your Life

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