| lazaruslaw-2 | 0 Comments | BICYCLE ACCIDENTS, Uncategorized

Driver Charged Following Hit-and-Run of Gulf Breeze Bicyclist

1180083_bicycle_parking_2%20sxchu.jpgA Gulf Breeze woman was recently charged with reckless driving and leaving the scene of an injury accident after she allegedly struck a 31-year-old man riding his bicycle. According to the Florida Highway Patrol, 19-year-old Debi Cummings was arrested nearly two hours after she struck Nicholas Medina from behind with a Chevrolet Cruze on U.S. Highway 98 in Santa Rosa County. Following the accident, Cummings reportedly left Medina in the road with a skull fracture and other injuries. Medina was transported to a local hospital about 30 minutes later after other motorists noticed him lying in the roadway.

A Santa Rosa County Sheriff’s Office deputy later discovered Debi Cummings’ father, Thomas, driving the Chevrolet and began questioning him. After the deputy learned Debi Cummings was operating the vehicle at the time of the accident, the deputy asked her father to call her and requested that she come in for questioning. According to her arrest report, Debi Cummings arrived at the station about two hours after the crash. Although Cummings allegedly smelled of alcohol and exhibited slurred speech when she arrived, her blood alcohol content was not formally tested. Consequently, Cummings was not charged with driving under the influence despite that she blew a .117 blood alcohol content on an unofficial device about an hour later at the Santa Rosa County Jail.

Lt. Steve Preston, a spokesperson for the Florida Highway Patrol, stated Cummings was not required to submit to a formal blood alcohol test due to the extended time period between the accident and her arrest. The trooper who handled her arrest stated the case was complicated by the fact that Cummings left the scene of the crash before officers arrived. Lt. Preston said even with a blood alcohol test, it would be difficult to prove that Cummings was driving under the influence when she allegedly hit Medina. Cummings reportedly admitted to a state trooper that she hit the bicyclist, but left the scene of the crash because she did not know what to do. She is currently free on a $10,000 bond.

The case is still being investigated by the Florida Highway Patrol and the Florida Attorney’s Office to determine whether Cummings will also be charged with driving under the influence. The investigation will purportedly focus on Cummings’ location immediately prior to the collision.

Every year, motor vehicle accidents are one of the leading causes of personal injuries in the State of Florida. The injuries sustained by anyone involved in an accident with a car can be life altering. A bicyclist who is hurt by a negligent or impaired driver may suffer from broken bones, spinal cord injuries, neck injuries, and traumatic brain injuries. If you were hurt by a careless or intoxicated driver, contact a dedicated Miami car accident lawyer to help you protect your rights.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

Report Says Florida Highway Patrol Erred in Reopening I-75 Before Deadly Gainesville Crash

3491_car_steering_wheel_in_the_rain%20sxchu%20website.jpgA recent report from the Florida Department of Law Enforcement states Florida Highway Patrol officers made errors in connection with a January 29, 2012 accident that killed 11 people on Interstate 75 near Gainesville. On the day of the multi-vehicle crash, the interstate was closed through Paynes Prairie State Park prior to the accident due to a mix of fog and smoke from a nearby wildfire. According to the report, Sgt. Bruce Simmons was reluctant to reopen the interstate and warned Lt. John Gourley that poor visibility was likely to return. In a conversation recorded on Simmons’ in-vehicle video equipment, he told a deputy from a local Sherriff’s Office that his warning fell on deaf ears. Gourley allegedly ordered that the roadway be reopened because he believed keeping the interstate closed through the dark, unlit stretch of road also created a potentially hazardous situation for drivers. Gourley was reportedly concerned about creating secondary wrecks like those he had investigated in the past. Gourley was also allegedly concerned about a lack of suitable alternative routes for drivers. Department of Law Enforcement investigators stated Officer Gourley made the decision to reopen the interstate without any sort of proper formal training.

Although the Florida Forest Service and the Florida Department of Transportation reportedly supported reopening the roadway, the accident investigation report placed blame on the Florida Highway Patrol due to a lack of effective safety guidelines and procedures. The report stated troopers refused to share information that was vital to decision-making with one another prior to the pile-up accident. The investigation report also said troopers failed to adequately monitor conditions on the interstate after it was reopened. As a result, more than 12 passenger vehicles, six semi-trucks, and a motorhome crashed in six different pile-up accidents on the dark roadway. Several vehicles burst into flames. In addition to the dead, 18 people were hospitalized for their injuries.

The investigation report suggested that the Florida Highway Patrol adopt written and mandatory guidelines for reopening roadways when visibility is poor. It also suggested the state add signs along the interstate to warn drivers the roadway through the State Park may be hazardous. The Florida Legislature recently appropriated about $4 million to improve interstate warning signs in areas where visibility may be diminished throughout the state.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, Uncategorized

New Study Finds Failure to Use Turn Signals More Dangerous Than Distracted Driving in Florida, Nationwide

209511_motorway%20sxchu.jpgA study recently published by the Society of Automotive Engineers (SAE) found that driver misuse of turn signals contributes to approximately 2 million car crashes in Florida and elsewhere throughout the United States each year. The study found drivers fail to use their turn signals when making lane changes or leave their signals on after changing lanes about 48 percent of the time. It also found that one quarter of the time, American drivers do not signal before making a turn. This means U.S. drivers fail to properly use turn signals approximately 2 billion times every day.

Distracted driving such as talking, texting, using email, or even eating behind the wheel is a hot topic in the news lately. In April, United States Department of Transportation Secretary Ray LaHood called for federal legislation that would ban cell phone use while driving. Still, only about 950,000 U.S. accidents are blamed on distracted driving each year. That is less than half the number associated with misuse of turn signals.

The SAE turn signal study was reportedly the first of its kind. Police and other law enforcement officers allegedly tend to refrain from enforcing turn signal requirements and instead focus more on compliance with speeding and other laws. The author of the study report, Richard Ponziani, stated although turn signals are highly effective for communicating with other drivers and avoiding collisions, their lack of use has reached epidemic proportions. He also said drivers should view their duty to use turn signals in the same way they view their obligation to stop for red lights.

The SAE study suggested the use of smart turn signal technology may be useful in avoiding collisions. Ponziani said a turn signal that shuts itself off after a specified period of time or after detecting a lane change could be helpful to drivers and contribute to roadway safety. Additionally, a system that reminds drivers who regularly fail to use their turn signals may also aid in preventing crashes. According to Ponziani, incorporating smart turn signal technology into new vehicles may actually be cheaper than current turn signal mechanisms. He believes implementing such technology would not only reduce the nation’s accident rate, but may also make drivers more courteous.

Unexpected automobile accidents can happen at any time. If you or a loved one was hurt in a motor vehicle collision as a result of another driver’s inattention or carelessness, it is a good idea to contact a knowledgeable Florida car accident attorney as soon as you are able. You may be eligible to receive compensation for medical bills, pain, suffering, disability, lost wages, and other damages based on the severity of your injuries.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, DUI DRIVER, Uncategorized

Bond Lowered for Tampa Bay Rays Pitcher Arrested After DUI Hit and Run

Matt%20Bush%20Mug%20Shot.jpgIn early May, the bond for Tampa Bay Rays baseball player Matt Bush was reduced from $1 million to $440,000. Bush has remained in the Charlotte County Jail on multiple driving under the influence (DUI) charges since March. He was arrested on March 22nd after the sport utility vehicle he was driving allegedly hit a motorcycle carrying 72-year-old Anthony Tufano on US Highway 41. Although Tufano was seriously injured as a result of being thrown from the motorcycle, Bush reportedly fled the scene of the collision. The Rays pitcher was later stopped by police on another road and subsequently arrested. Following the accident, Tufano was taken to Lee Memorial Hospital with serious injuries.

According to local law enforcement, Bush exhibited slurred speech, poor coordination and balance, bloodshot eyes, and smelled of alcohol following the crash. When police administered a breathalyzer test, Bush blew a .180 and a .171, more than twice the State of Florida’s legal limit of .08. Bush admitted to hitting a pole earlier in the day, but told police officers he did not remember hitting a motorcycle. He was previously charged with DUI in both Arizona and California.

Following the crash, Bush was charged with fleeing the scene of a serious injury accident, DUI with serious injuries, DUI with property damage, and driving on a suspended license. If he is released on bond, he will be required to wear both an alcohol monitoring device and a GPS tracking bracelet. The judge who lowered his bond also told Bush he was not allowed to leave Charlotte County or enter any establishments that serve alcohol. Although prosecutors argued Bush was a flight risk, his attorney stated Bush cannot afford bail and will likely remain in Charlotte County Jail even with the lowered bond.

Intoxicated drivers threaten the lives of those traveling on Florida roadways every day. If a drunk driver has hurt you or someone you love, you should contact a Florida personal injury attorney as soon as possible after the crash. You may be eligible to receive compensation for your pain and suffering, medical bills, disability, and lost wages. A skilled personal injury lawyer can help you receive fair compensation for your injuries or relieve your financial burden following a family member’s Florida wrongful death.
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| lazaruslaw-2 | 0 Comments | PRODUCT SAFETY, Uncategorized

Charges Filed in 2009 Fort Lauderdale Hyperbaric Chamber Fire Deaths

62740_industrial_extension_cord%20sxchu.jpgAccording to the Broward County Sheriff’s Office, a head safety technician and a physician were recently charged in connection with the 2009 hyperbaric chamber deaths of a woman and her grandson. 62-year-old Vicenza Pesce and 4-year-old Francesco Martinisi died after a spark ignited in a hyperbaric chamber at the Ocean Hyperbaric Neurologic Center in Fort Lauderdale. The two Italian citizens were in the pressurized oxygen chamber for about 20 minutes before it ignited and went up in flames. After the fire began, both Pesce and Martinisi were reportedly trapped in the chamber for about five minutes. According to law enforcement, the grandmother and grandson each suffered burns on approximately 90 percent of their bodies.

Although both deaths were ruled accidental, 51-year-old Lance Bark was recently arrested by the Broward County Sheriff’s Office on manslaughter charges. Aggravated manslaughter charges are now pending against 81-year-old George Daviglus, the doctor who runs the facility. The company has since been renamed and both the doctor and the chief safety technician continue to work at the Fort Lauderdale facility.

The fire was purportedly caused by static electricity and exacerbated by poor grounding of the chamber. According to law enforcement officials, several procedural and equipment failures existed at the facility when the accident occurred. An investigation revealed that a number of the facility’s hyperbaric chambers had exposed or burnt wires, broken indicator lights, and taped extension cords placed near oxygen lines. The chamber in which the fire started was also purportedly rewired for 220 volts of electricity in violation of design specifications. Additionally, six of the 12 chambers located at the facility are more than 40 years old. Despite such issues, investigators reportedly found no maintenance or inspection logs at the facility.

In an 11-page arrest report, Daviglus and Bark are accused of failing to require the grandmother and her grandson to wear grounding bracelets designed to prevent static electric shock. The victims were also not dressed in appropriate non-flammable clothing and investigators found flammable items such as baby wipes inside of the chamber. In addition, there was allegedly no operator monitoring the chamber when the fire broke out and the intercom system was not functioning. As a result, Pesce reportedly had difficulty notifying anyone of the flames. The facility is also accused of failing to follow emergency procedures and prolonging the victims’ exposure to the fire.

Detective Edwin Tapanes of the Florida Fire Marshal’s Office stated the fire resulted from gross negligence. An independent investigation by forensic engineers retained by the Broward County State Attorney’s Office agreed. The investigation also found that Daviglus and Bark failed to follow regulations promulgated by the National Fire Protection Association
Although investigators stated this case was caused by gross negligence on the part of the hyperbaric chamber facility, the manufacturer of a dangerous or defective product may also be held strictly liable in the State of Florida. If the product was defective, failed to function as intended, or did not function according to recognized safety standards, the manufacturer may be held liable regardless of whether any negligence occurred. If you were injured as a result of a defective or poorly designed product, contact an experienced Florida products liability attorney.
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| lazaruslaw-2 | 0 Comments | CONSTRUCTION ACCIDENTS, Uncategorized

Road Construction Worker Killed by Dump Truck near Fort Lauderdale

1000242_toy_truck%20sxchu%20website.jpgRecently, a 53-year-old road construction worker from Hialeah died after a dump truck backed into him on Hillsboro Boulevard in Deerfield Beach. Witnesses stated Ricardo Corrales walked behind a truck driven by 43-year-old Emis Mauricio Martin-Rojas as the vehicle backed up during a road resurfacing project. At the time of the accident, Martin-Rojas was reportedly following the signals of a flag operator who was running alongside the vehicle on the ground. The driver of the dump truck apparently stopped after he realized he hit something and found Corrales lying on the roadway in critical condition.

Although Corrales was immediately taken to the North Broward Medical Center by emergency crews, he soon died as a result of his injuries. East Hillsboro Boulevard was closed for approximately two hours following the incident. The accident is currently under investigation by the Broward Sheriff’s Office.

Construction sites of any kind can be hazardous for workers. Each year, thousands of construction employees are hurt or killed on the job in Florida. Due to the dangerous nature of the work, construction accidents are usually quite serious and a worker may become permanently disabled as a result of his or her injuries. Common construction worker injuries include falls, burns, electrical accidents, internal injuries, and other harms that can result from the use of defective machinery or tools. Workers may also suffer broken bones, back injuries, traumatic brain injuries, and, as was unfortunately the case in this instance, wrongful death.

In Florida, workers’ compensation laws generally provide the only avenue of recovery for employees who are hurt on the job regardless of who was responsible for the injury. Still, an employer’s insurance company will often refuse to provide an injured worker with the maximum compensation he or she is entitled to. Some important exceptions to the exclusive remedy law do exist. In some instances, an injured construction worker may have a claim against a third party such as an equipment manufacturer, contractor, or property owner. If you were injured while working at a construction site, it is a good idea to consult with a skilled Florida construction accident attorney as soon as you are able.
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| lazaruslaw-2 | 0 Comments | NURSING HOME NEGLIGENCE, Uncategorized

Florida Nursing Home Caregivers Charged With Abuse

1160103_prescription_drugs_2%20sxchu.jpgIn January, a certified nursing assistant (CNA) was arrested in Tampa after she allegedly slapped a 91-year-old dementia patient at the Lake Villas Health Care Center. 27-year-old Vanessa Lashawn Robinson was charged with felony abuse of the elderly for allegedly slapping a patient over and over with her open hand. According to law enforcement, police were called after a witness saw the 91-year-old attempting to protect herself from being struck by Robinson. The CNA was later released after she posted a $2,000 bond.

The following month, a New Smyrna Beach nurse was charged with abuse, neglect, and fraud for reportedly administering an incorrect drug to a patient at a Daytona Beach nursing home. 55-year-old Kathleen Pimental is accused of withholding a disabled patient’s painkiller, oxycodone, and instead administering the anti-psychotic drug Risperdal. The Florida Attorney General’s Medicare Control Fraud Unit conducted an investigation after a patient complained of severe stomach pain and blisters associated with medication administered by nurse Pimental.

Pimental is accused of obtaining a controlled substance through misrepresentation, fraud, forgery, or subterfuge. She is also accused of abusing and neglecting a disabled adult. Following her arrest, the Manor on the Green nursing home employee was later released from the Volusia County Branch Jail.

These two cases are unfortunate and poignant examples of nursing home abuse. In the State of Florida, a nursing home facility is required to provide a certain level of care to every patient. When a nursing home or its employees fail to provide proper care, the facility may be in violation of the patient’s bill of rights. If a nursing home resident is hurt or dies as a result of the facility’s negligence or abuse, family members of a patient may file a nursing home liability lawsuit. Although most nursing home abuse cases result from negligence, they may arise from an employee’s failure to administer the correct medications, failure to provide adequate medical care, emotional distress, failure to provide adequate food, and even physical or sexual abuse.

Residents who are incapacitated or who are otherwise unable to report mistreatment are especially at risk for abuse in Florida nursing homes. Unfortunately, the signs of nursing home abuse can be difficult to detect. If your friend or family member is a resident in a Florida nursing home, it is important to maintain regular contact with both your loved one and the nursing home employees who are tasked with your loved one’s care. If you believe a nursing home resident has been a victim of abuse or neglect, it is vital for you to report your concerns. A skilled Florida nursing home abuse attorney can help you protect your friend or loved one’s rights.
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| lazaruslaw-2 | 0 Comments | MEDICAL MALPRACTICE, Uncategorized

Florida Supreme Court Considering State’s Medical Malpractice Damages Cap

875413_balance%20sxchu%20website.jpgThe future of Florida’s medical malpractice damages cap law enacted in 2003 is now being considered by the State’s Supreme Court. The Supreme Court of Florida recently heard oral arguments on the constitutionality of the law in Michelle Evette McCall v. United States of America. The law limits non-economic damages to $500,000, unless death or a catastrophic injury results. In such cases, the cap is instead $1 million. It also limits recovery for emergency services to $150,000, and $300,000. Additionally, where someone who is not a licensed health care provider committed the negligence that caused a patient’s injury, the cap is $750,000 and $1.5 million no matter where medical services were provided.

In the McCall case, a woman died from blood loss shortly after giving birth at Fort Walton Beach Medical Center in 2006. After her family sued for medical malpractice, a jury awarded McCall’s estate $2 million for pain and suffering. The judge in the case, however, lowered the award to $1 million in accordance with the 2003 Florida law. McCall’s estate appealed the reduction in damages on the grounds that her constitutional rights were violated because the reduction effectively limited McCall’s access to the courts.

An attorney for the State of Florida, Daniel Lenerz, said McCall’s access to the courts was not limited by the Florida damages cap. He stated lawmakers have created other damage limits on numerous occasions that have survived judicial scrutiny. According to Justice Barbra Pariente, a court will regularly defer to lawmakers with regard to caps on legal cases. She said the real question is how long such limits are defensible.

Florida lawmakers reportedly passed the malpractice damages cap law in response to a tightening insurance market. At the time, many physicians claimed increasing premiums could put them out of business. Insurance companies were also allegedly writing policies with lower maximum damages coverage. When the medical malpractice law was enacted, Florida lawmakers required insurers to reduce medical malpractice rates by 7.8 percent. It also required 18 new insurers to enter the market.

According to a lawyer for McCall’s estate, Robert Peck, 95 percent of all Florida medical malpractice cases are settled outside of a courtroom. He also stated the average settlement is $213,000. Peck does not believe cases such as McCall’s were the impetus for the medical malpractice damages cap law. Now, the issue is up to the Florida Supreme Court. The Court has an unlimited amount of time to examine the constitutionality of the law and render an opinion.

In Florida, the victim of medical malpractice has two years to file a claim. Insurers also have up to two years to evaluate a patient’s claim before a lawsuit may be filed. Because of this, it is vital for you to discuss your Miami-Dade medical malpractice case with a capable lawyer as soon as possible after your injury.
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| lazaruslaw-2 | 0 Comments | AUTO ACCIDENTS, PEDESTRIAN ACCIDENTS, Uncategorized

Pregnant Woman Killed in Fort Lauderdale Poolside Cabana Accident

1197277_by_the_pool%20sxchu.jpgLast week, a pregnant Massachusetts woman was killed when a car drove into a Fort Lauderdale hotel’s poolside cabana while she was inside. 27-year-old Alanna DeMella died after 35-year-old Rosa Rivera Kim of Plantation lost control of the car she was driving, drove over a curb, and hit a cabana at the Riverside Hotel. DeMella’s 31-year-old husband was inside a nearby men’s room at the time of the accident. He was taken to Broward General Medical Center for minor injuries. The couple’s unborn son also died in the accident.

Kim was also taken to Broward General Medical Center for her injuries. Police did not perform a breathalyzer test or draw Kim’s blood immediately following the accident due to her injuries. The accident is currently under investigation and police are still determining whether to file charges against Kim.

The Massachusetts couple was reportedly in town for a marriage conference paid for by their church. They apparently chose to extend their vacation by one day after the conference. Just hours after the couple checked into the Riverside hotel, DeMella, a teaching assistant for third-grade special education students, was killed.

Although most are not as bizarre as this one, unexpected automobile accidents are one of the main causes of wrongful death in the State of Florida. Because of Florida’s many beaches, seaports, and amusement parks, our state often has a great number of tourists on both sidewalks and the road. Every day, tourists, commuters, students, pedestrians, and others risk being injured by a motor vehicle. Common causes of Florida pedestrian accidents include impaired driving, speeding, driver inattention, failure to yield, and drivers who are distracted by cell phones, email, or text messaging.

Pedestrian accident injuries are often catastrophic and the expenses associated with recovering from such an injury can be high. In Florida, injured pedestrians may recover damages for medical expenses, lost wages, surgery, physical therapy, occupational therapy, and pain and suffering. If you were hurt or a loved one was killed in a pedestrian or car accident, it is highly recommended that you speak with a qualified Florida personal injury attorney as soon as possible after the accident.
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| lazaruslaw-2 | 0 Comments | BOATING ACCIDENTS, Uncategorized, WRONGFUL DEATH

Two Separate High-Speed Boating Accidents Kill Three in Tavares During Spring Thunder Regatta

548715_boat_wake__4%20sxchu.jpgLast weekend, two fatal boating accidents took place on Lake Dora during the Tavares community’s annual Spring Thunder Regatta. On Saturday, 53-year-old Mark Van Winkle of Stuart was killed when he was thrown from his vessel and struck in the water by another boat. On Sunday, 64-year-old Charles Woodruff of Jensen Beach and 73-year-old Dea Wiseley of Sun City Center died after they were involved in a high-speed crash. Woodruff was a former raceboat champion and Wiseley was also well known in the raceboat show circuit.

The deaths were the first in the regatta’s six-year history. The annual event, sponsored by the Classic Race Boat Association, marks the Tavares community’s annual kick-off to the boating season and showcases vintage racing boats traveling at speeds of up to 80 miles per hour. Drivers are not on the water to race their boats, however. Each year, the regatta generally draws about 10,000 spectators.

According to the Florida Fish and Wildlife Conservation Commission, Woodruff’s boat ran over Wiseley’s boat on Sunday and both men were killed after being thrown into the water. On Saturday, an occupant riding in Van Winkle’s boat was also ejected but she was safely rescued. The cause of both fatal accidents is still under investigation. Despite the perfect weather on Sunday, the weekend boating tragedies reportedly cast a pall over the community.

Each year, many deaths in Florida are the result of a tragic and unnecessary accident. Losing a loved one unexpectedly can be devastating, but it can be particularly distressing when your loss is the result of another person’s negligence. If you lost a family member due to someone else’s negligent actions, you have may the right to file a wrongful death lawsuit. Generally, a deadly accident which results from an act of negligence, recklessness, or carelessness will give rise to a wrongful death claim. In Florida, family members of someone killed in an accident normally have up to two years to sue for wrongful death. Clearly, no amount of compensation can make up for the loss of your loved one, but filing a wrongful death claim may allow you to hold the liable party accountable for their actions. If you have lost a family member due to someone else’s actions, it is a good idea to contact a qualified personal injury attorney to discuss your options.
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